Judge in Agriprocessors case has stern words for government, defense

U.S. District Chief Judge Linda Reade today told the government and defense in the Agriprocessors case to stop wasting her time and theirs with discovery discussions and to give her “the full story.”

Reade said she was concerned about the defense's information that they received additional discovery the day after the government told her it didn't have any more.

Attorneys for Agriprocessors and former company vice president Sholom Rubashkin filed a renewed motion to continue the financial trial, currently set for Sept. 15, based on the government's “tactics and apparent misrepresentation” to the court regarding additional discovery. They claim the changes would affect how they prepare their defense.

Assistant U.S. Attorney Rich Murphy told Reade that when Assistant U.S. Attorney C.J. Williams told Reade he didn't have additional discovery, he was referring to bank records evidence, not other discovery. Williams didn't mean to mislead the court, Murphy said.

Murphy said they have disclosed everything to the defense and has exceeded what's required of them.

Reade said she realizes it wasn't intentional but stressed both sides need to keep her informed of developments in the case.

U.S. Attorney Pete Deegan then informed Reade of the guilty plea made Tuesday by former Agriprocessors controller Yomtov Bensasson. He pleaded to conspiracy to make false statements and reports to a bank regarding an Agriprocessors revolving loan.

Reade then gave Guy Cook, Rubashkin's attorney, a stern warning about attempting to try the case in the media in an effort to get a change in venue. Cook told a reporter Tuesday that Bensasson's plea is consistent with Rubashkin's defense that he's not responsible for all the “bad” at the company.

Reade warned Cook that the comment to the media should be his last, and that further statements would result in a hearing on ethical issues.

Reade said she would make a ruling soon on the motion to continue the trial.