Dozens show support for Rubashkin at sentencing hearing

Will Sholom Rubashkin will spend the rest of his life in a federal prison?

That answer will come eventually as a sentencing hearing for Rubashkin began today in Cedar Rapids, ending a nearly two-year saga that began with a huge raid on the Agriprocessors Inc. meatpacking plant in Postville, in northeastern Iowa, which resulted in the arrests of 389 people on immigration charges.

Rubashkin, 51, was found guilty in November of 86 counts of fraud, including bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. He was convicted in connection with a May 12, 2008, immigration raid at the kosher meatpacking plant in Postville where nearly 400 illegal workers were arrested.

According to the Associated Press, federal prosecutors are recommending that Rubashkin spend the rest of his life in prison.

Rubashkin filed several arguments in recent days arguing for a lesser sentence. Chief Judge Linda Reade has discretion as to the length of Rubashkin's sentence.

Ben Ginsberg, of Minnesota, said Rubashkin, his friend since childhood, knows he has to pay for his crimes but “according. He expects to be treated fairly. I think that's a fair request.” Ginsberg rode on bus from Minnesota with about 50 other supporters.

There were other supporters at the hearing today from Detroit, Chicago and New York. Many of them didn't want to comment on the record, only saying they were here to support Rubashkin, a “good human being.”

The courtroom was full with mostly family members and few friends. The courtroom seats nearly 30 and there were about 100 in the overflow courtroom in the probation building that was set up. There were a few rabbis at the hearing but most were just people from Jewish communities across the Midwest.

“He's a special human being and he's the first one to admit it went wrong, “Ginsberg said.

Ginsberg said Chief District Judge Linda Reade has an obligation to make a fair judgment in this case.

Yosef Cohen, 24, of Brooklyn, NY, said he and his friend Dov Vogel drove all night to get here today. Cohen studied in school with two of Rubashkin's sons in France.

“He's a good person,” Cohen said. “He's known all over in the Jewish community. He's known for his charity work. He would send Jewish colleges meat to help them out. ”

Cohen said he didn't think the recommendation for life in prison was fair in comparison to others who have be accused of similar crimes.

Vogel said what he always noticed about the Rubashkin family was their giving spirit and how charitable they were with others.

A sentencing hearing is a mini-trial with each side doing its best to guide the judge to their view of an appropriate punishment.

The government began its case with an FBI agent who had examined back records and found that Sholom Rubashkin's fraud cost the bank $26 million in unmet loan payments.

Rubashkin's attorneys disputed the loss saying it could not be calculated because all of the company's assets were not accounted for.

A second witness said farmers and sale barns were not paid in a timely manner according to the specifics of an 80 year old law.

The defense attempted to elicit testimony to show that while Agriprocessors did not follow the letter of the law it did follow common practice.

The first defense witness Rabbi Sholom Lipskar took the stand to explain the tenets of Hacidic Judaism. His testimony was interrupted for lunch, he will be on the stand when court resumes shortly after 1 p.m.

Photos by Cliff Jette

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