Former Agriprocessor manager files another appeal for bail

A former Agriprocessors vice president filed a second appeal to request bail pending his sentencing today to the 8th Circuit Court of Appeals.

A panel of three judges denied Sholom Rubashkin's request earlier this month, so this appeal asks for the rehearing en banc - requesting all judges review the detention order.

Rubashkin, 51, of Postville, convicted in November on 86 counts of bank fraud and other charges, filed his first appeal after U.S. District Chief Judge Linda Reade denied two previous motions for bail. Reade ruled he was a flight risk.

This appeal argues Rubashkin offered more than sufficient conditions of release and neither the district court or the appeals court has discretion under the law to deny bail pending sentencing. The defense has offered to hire at its expense 24-hour armed guard and collateral to the court of sacred and valuable Torah scrolls and $8 million in private homes, 43 properties, from family friends and associates.

The appeal contends there is no credible evidence that Rubashkin is a flight risk.

“Sholom Rubashkin is not John Dillinger or Jack the Ripper, although he has been treated by prosecutors and by the courts, because of immense prejudicial publicity, as if he were Public Enemy No. 1,” according to the motion.

A group of prominent Rabbis supporting Rubashkin also announced today they will have a press conference 1:30 p.m. Tuesday at the National Press Club in Washington D.C. to oppose Rubashkin's detention pending sentencing and urge the U.S. Department of Justice to review the case. The Rabbis will also request a meeting with U.S. Attorney General Eric Holder.

Rubashkin's charges stem from a May 2008 immigration raid at the Postville kosher meatpacking plant in which 389 illegal workers were arrested and convicted.