Agriprocessors financial trial continued to October

CEDAR RAPIDS - The first trial regarding financial criminal charges against Agriprocessors and former vice president Sholom Rubashkin was continued today to October.

U.S. District Chief Judge Linda Reade granted the defense's renewed motion to continue in the interest of justice after defense attorneys for Sholom Rubashkin, former Agriprocessors vice president, told her they were simply not ready for trial.

The trial will start Oct. 13. It's expected to last four or five weeks. Reade also dismissed Agriprocessors from the financial trial because of bankruptcy proceedings against the Postville meatpacking company. The government requested the dismissal because if convicted it's unsure whether the corporation would have assets for a fine or restitution for victims.

Agriprocessors will still face immigration charges and that trial will start about a week after the financial trial.

Guy Cook, Rubashkin's attorney, asked the court for change of venue based on pre trial publicity and a questionaire sent out to potential jurors in the district to determine if an impartial and fair jury could be seated.

Cook said it was essential to have the trial out of state to give his client a fair trial.

The questionaires showed more than 95 percent of the 510 potential jury pool had heard about the case, over 61 percent had a negative impression of the defendants and over 40 percent had already formed an opinion about Rubashkin and thought he was guilty.

Assistant U.S. Attorney C.J. Williams said he didn't know what those numbers are based on. The defense didn't tell the court that 261 jurors said they had no opinion and 61 said they could set aside their opinion and make a verdict based on the evidence. This would provide 292 potential jurors in the district.

Reade said she would take it under advisement and rule in a few days. At a previous hearing, Reade told attorneys she wouldn't move the trial out of state. She said she might consider a move within this district.

The 163-count indictment stems from the May 2008 immigration raid at the Postville plant. The charges include harboring illegal immigrants, bank fraud, mail and wire fraud, money laundering and non-payment for livestock.