8th Circuit Court of Appeals will hear new trial arguments of former Agriprocessors manager

The Eighth Circuit Court of Appeals will hear arguments for a new trial in June for former Agriprocessors manager convicted of bank fraud in 2009.

The hearing for Sholom Rubashkin, 51, of Postville, is on the docket for June 15 in St. Louis.

Rubashkin was convicted in November 2009 by a jury of 86 counts of bank fraud, bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges stem from the May 2008 immigration raid at the former Postville meatpacking plant where more than 400 illegal workers were arrested.

Rubashkin was sentenced in 2010 to 27 years in prison and ordered to pay restitution of more than $26 million.

“It's good news for Sholom Rubashkin to have his day in court so promptly,” Guy Cook, his Des Moines attorney, said Monday. “We have many arguments but we are asking for a new trial before a different judge.”

Cook said they will argue there were errors at the trial, errors in ruling on evidence, errors in sentencing and present the new evidence obtained through Freedom of Information documents which will prove U.S. District Chief Judge Linda Reade wasn't impartial and should have recused herself. Cook said the documents reveal she was involved in planning the raid at Agriprocessors, which led to Rubashkin's charges.

The government in response to the defense's appeal stated Reade was given certain information about the planning of the raid because the court had to be informed given the number of arrests and court proceedings that would follow. The government contends Reade's actions were not improper.