Motion for New Trial Denied for R’ Sholom Mordechai

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rubashkinA federal judge denied a motion today for new trial for R’ Sholom Mordechai Rubashkin, saying there was no new evidence discovered to produce an acquittal. The Rubashkin defense team requested the new trial based on the claim Chief Judge Linda Reade unlawfully presided over his trial and should have recused herself. Rubashkin’s attorneys claim Reade was involved in the planning of the 2008 raid at the meatpacking plant where nearly 400 illegal workers were arrested.Rubashkin’s attorneys acquired documents through a Freedom of Information Act request, which they say showed federal agents were in contact with Reade regarding the raid.

The U.S. Attorney’s Office said there was nothing illegal about the court’s involvement in the raid planning, in light of the fact there were going to be so many arrests and prosecutions. The court needed to be aware for it’s planning purposes.

Reade said in her ruling the internal Immigration and Customs Enforcement memoranda, the defendant argues is “newly discovered evidence,” isn’t evidence. There’s nothing in the documents that would be admissible on any issue relating to Rubashkin’s conviction of bank fraud and other charges, she said.

Reade said Rubashkin fails to make any arguments based on the documents that he couldn’t have raised before trial. Rubashkin claims Reade supported the enforcement action but that misstates and mischaracterizes the information, she said.

Reade said her “support” was clearly in the context of the court’s duty to logistically prepare for the arrest of hundreds of persons.

As to the issue that Reade should have recused herself from the case, she said according to statute a judge must be recused if her/his impartiality might reasonably be questioned because of bias or prejudice.

“Based on the facts and ignoring all rumor and innuendo, the court finds that recusal was not required in this case,” Reade said.

Reade said she had to ensure court proceedings are efficient and provide all constitutional guarantees for defendants arrested in the raid.

If she had recused herself it would provide incentive to defendants to “advance rumors and foster speculation in the media in an effort to judge shop. The court declines to do so,” she said.

Reade also said there wasn’t any Eighth Circuit Court precedent for her to refer the motion to another judge or to permit discovery, as Rubashkin had requested. There is nothing to discover that would support the motion.

She said it was “totally devoid of merit.”

A federal jury in November convicted Rubashkin of 86 counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges came after a May 2008 raid.

{Trish Mehaffey/AP/}


  1. you wiil soon see Yad Hashem & Rubashkin will be proved completely innocent & judge reades will be found completely guilty & she will sit in jail for life [which will be short]

  2. If I’m not mistaken this was just following procedure in order to follow an appeal! The judge must first deny a retrial before the can case can be brought to the appeal court. The lawyers knew this and were merrily following procedure knowing full well that the request van not be granted. Now the appeals can start and BH will win!

  3. I am heartbroken once again. But, Sheva yipol tzaddik vekom! I hope that were another step closer to the Yeshuah! Oy HaShem should give him Koach.

  4. What a spectacle! The judge found it proper to be the one to rule on, and deny a motion in which she herself is being accused of violating the judicial code of ethics! Her reason: She unfortunately cannot find any precedent in the Eighth Circuit of a judge referring a new trial motion to another judge. Well, I wonder if there is any precedent there of a judge involved in pre-trial ex-parte’ communications and heavy colaberation with the prosecution as she was.
    This judge has no shame. The question is whether the Eighth Circuit Court of Appeals will do what’s necessary to restore some measure of public faith to the American justice system, or will decide to protect one of their own.
    Bottom line, we need to daven that Sholom Mordechai will have a yeshuah b,korov.As the saying (based on a pasuk in Mishlei) goes: Lev melachim vesarim beyad Hashem.

  5. Why use such a picture of Sholom Mordechai, when there are many ones that he looks much nicer and much healthier. The one shown is from when he was suffering from some kind of infection as one can see from the color of his skin. The reality is what it is, it just makes us all the more heartbroken to see such a picture of a person who always had such a magnificent look to him. May that radiant smile and and that amazing zest that had been his trademark be returned to him for us all to see.

  6. Did anyone honestly believe that this ‘judge’ with all her arrogance would actually rule otherwise, thus implying that her actions indeed need independent scrutiny???

    It is obvious that this is just another step in the process of sidelining her so this can go to an appeals court.

  7. May I suggest the following. The Lakewood BP Graphics magazine (perhaps others too) each week print a list of Pidyon Shevuyim and cholim. It would be an act of “Anochi Imchem Batzoroh” to cut out that piece from the magazine and place it in your siddur by She’mone Esray and daven for those listed in the proper place. For example one could daven for the shevuyim in Mechalkel Chayim by the words “matir assurim”, Re’eh Na Ve’anyeinu and in Tekah Beshofar. Of course for the cholem one could add the special tefillah written in the sedurim by Refaeinu saying the names of the cholim listed. Remember, Moshe Rabbeinu was chosen to lead Klal Yisroel because of his middah of Nosei Beol Im Chaveyro. Could this also perhaps be a tikun for the churban habayis due to sinas chinam? She’mone Esrey will certainly take a little longer, but if i’m not mistaken chazal say that one is granted arichas yomim for davening properly. So at the end it all works out.

  8. From what I am understanding from this article is that Reade herself was the judge who denied the retrial. Who would’ve thought differently?
    When are feds going to get a DIFFERENT judge on this case?

  9. Appeal To Be Filed Within 10 Days
    Former Agriprocessor vice president Sholom Rubashkin will appeal a federal judge’s ruling Wednesday, denying his motion for new trial. More
    Eastern Iowa News Now


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