Rubashkin released? Lawyers in last fight
Will R' Mordechai Shalom Rubashkin be released after it turns the judge who decided in his sentence - had to disqualify herself?
- Yoel Bittleman, Behadrey Haredim
- ה' אייר התשע"ד
Dramatic development in the affair of R' Mordechai Rubashkin, who is serving a prison sentence of 27 years in a prison in New York: federal documents obtained by Rubashkin's lawyers show that Judge Reid who imposed the sentence was not allowed to serve as a judge at the trial, because she has conflicting interests.
The FBI delivered the documents at a puzzling belatedness to Rubashkin's lawyers - two weeks ago, just days before the deadline on which law enforcement enabled Rubashkin's attorneys to respond, when these documents should have been given over a long time ago.
The documents show that the judge was a member of an Animal Welfar organization, and that the judge's husband was a senior partner in representing Agripsos and Rubashkin, and sensitive information from the slaughterhouse, which he apparently gave his wife against regulations, might have influenced the verdict.
Consequently, the lawyers require to invalidate the verdict, due to unfair procedure.
In a letter to the State Attorney they are demanding a retrial, because the judge did not disqualify herself from discussing the case despite the conflict of interests. In the letter the attorneys specify step by step the existence of a tendentious court case from the judiciary and law enforcement authorities. For example, they note that the judge made Rubashkin remain without a lawyer in a legal process which was critical, thereby avoiding her disqualification, because of lack of punctuality.
As recalled, R' Shalom Mordechai Rubashkin was sentenced to 27 years in prison and payment of a fine of $31 million. On 30 January 2014 his lawyers filed a new appeal at the federal court in New York, based on that there were serious flaws in the judicial process, and in particular, that Justice Reid who sealed his fate, had to disqualify herself from the legal composition.
The FBI delivered the documents at a puzzling belatedness to Rubashkin's lawyers - two weeks ago, just days before the deadline on which law enforcement enabled Rubashkin's attorneys to respond, when these documents should have been given over a long time ago.
The documents show that the judge was a member of an Animal Welfar organization, and that the judge's husband was a senior partner in representing Agripsos and Rubashkin, and sensitive information from the slaughterhouse, which he apparently gave his wife against regulations, might have influenced the verdict.
Consequently, the lawyers require to invalidate the verdict, due to unfair procedure.
In a letter to the State Attorney they are demanding a retrial, because the judge did not disqualify herself from discussing the case despite the conflict of interests. In the letter the attorneys specify step by step the existence of a tendentious court case from the judiciary and law enforcement authorities. For example, they note that the judge made Rubashkin remain without a lawyer in a legal process which was critical, thereby avoiding her disqualification, because of lack of punctuality.
As recalled, R' Shalom Mordechai Rubashkin was sentenced to 27 years in prison and payment of a fine of $31 million. On 30 January 2014 his lawyers filed a new appeal at the federal court in New York, based on that there were serious flaws in the judicial process, and in particular, that Justice Reid who sealed his fate, had to disqualify herself from the legal composition.
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