Rubashkin Lawyers’ Request for Extension to File Appeal Brief Granted

The request by the lawyers of Reb Sholom Mordechai ben Rivka Rubashkin to extend the deadline to file their opening brief in the Eighth Circuit Court of Appeals has been granted, Matzav.com has learned. The extension by 33 days to the day after Labor Day, September 7, was approved  yesterday.

Reb Sholom Mordechai is currently serving his prison sentence and has been in custody since November 12, 2009, when the jury returned its verdict. His motions for release on bail pending sentencing and pending appeal have been denied.

The brief requesting the extension explained that additional time requested is necessary for Reb Sholom Mordechai’s appellate counsel to investigate and brief the issues in a very extensive and complex criminal case. Reb Sholom Mordechai was convicted following an 18-day jury trial of 86 criminal charges alleged under six different criminal statutes.

The complexity of this case is evidenced by, among other things, the fact that the government obtained seven superseding indictments before bringing this matter to trial. The docket in the district court is more than 900 entries long and the trial transcript covers 4,092 pages. The sentencing proceedings in this case were likewise highly involved. The district court imposed its sentence only after holding a two-day evidentiary hearing and, later, issuing a 52-page sentencing memorandum addressing numerous contested sentencing issues.

The requested additional time is also required because the attorneys who represent Reb Sholom Mordechai on this appeal were not involved in Reb Sholom Mordechai’s defense at trial and are learning the voluminous district court record now for the first time.

Reb Sholom Mordechai’s attorneys have said that once this extension request was granted, no additional request for extension of time will be made and Reb Sholom Mordechai’s opening brief will be filed or before September 7.

Significant funds must still be raised for the legal defense costs and the upcoming appeal. Anyone who can help out and lend support should take a moment to send a donation to the Pidyon Shvuyim Fund. The help of Yidden across the globe is severely needed.

You can easily donate by clicking on the following link:

Alternatively, you can mail contributions to:

Pidyon Shvuyim Fund

53 Olympia Lane

Monsey NY 10952

 {Noam Amdurski-Matzav.com Newscenter}