Seeking release, Rubashkin says he's 'never ran away from a fight'

Sholom Rubashkin says he had no intention of fleeing the county and leaving his family and the Jewish community while he awaits a federal trial on immigration charges stemming the May 2008 raid at the Agriprocessors meatpacking plant in Postville.

“I'm man enough to stay,” he said. “I never thought about leaving and have never ran away from a fight.”

Rubashkin, 50, testified today at a detention hearing in a federal courtroom in Cedar Rapids. He is seeking to be released on bail pending his trial on 72 immigration charges.

Rubashkin was convicted last week by a Sioux Falls, S.D., jury of 86 charges that included bank, mail and wire fraud, and money laundering. He faces a prison sentence of hundreds of years.

U.S. District Judge Linda Reade will decide on Rubashkin's request sometime in the future.

Guy Cook, Rubashkin's attorney, argued Rubashkin had public figure status now and there's nowhere he could hide without being recognized. He gained national support and attention during his trial from the Jewish community in New York and around the world.

“All the Jewish community is watching,” Cook said.

Cook submitted to the court over 1,300 letters and emails of support for Rubashkin's release. He also submitted six letters from prominent rabbis who are willing to put up their sacred Torah scrolls as collateral for his bail. Others also are willing to put up more than $7 million in equity on their homes.

Assistant U.S. Attorney Pete Deegan argued that Rubashkin committed bank fraud after his first pretrial release last year. According to testimony in the financial trial, Rubashkin asked an employee for a thumb drive containing financial records and diverted funds into a separate account to keep hidden from the bank, which held a revolving loan on the company.

During Rubashkin's testimony today, Deegan asked him about diverting funds but he denied it. He said as he did at trial that two other managers, who pleaded guilty for their part in the alleged scheme, asked him to do it and he didn't know he was doing anything wrong.

Deegan at one point asked him to tell the truth and Rubashkin shot back, “Does that work both ways – I tell the truth and you tell the truth.”

Rubashkin wouldn't answer all of Deegan's questions. When Deegan asked him if he lied under oath in the trial he refused to answer and Reade said she wouldn't require him to.

Deegan asked the court to deny bail because Rubashkin has a greater motive now to flee than before his trial. Now, he's been convicted and faces many years in prison.

“As you saw here today in his testimony that he will say whatever suits him at the moment,” Deegan said.