Initiating this morning in federal court docket in Albany, GA, brothers Stewart and Michael Parnell are getting the week to make collateral assaults on their jail sentences with aid-to-aid evidentiary hearings on their 2255 Motions.
Federal Justice of the Peace Thomas Q. Langstaff on Friday ordered consecutive, now no longer concurrent, hearings. And that became always the conception. However on Friday, the attorneys tossed in a motion to U.S. Court docket for the Middle District of Georgia requesting consolidation of the 2 evidentiary hearings.
“The Petitioners were tried as co-defendants and co-conspirators at a joint trial in this Court docket, and so they boost two claims referring to their respective counsels’ failure to transfer for a change of venue and failure to transfer to strike jurors for motive,” the joint listening to motion stated.
The ink on the motion, then one more time, became barely dry Friday when Instruct Langstaff flatly denied it. He had his reasons. The petitions are almost two years broken-down; the evidentiary hearings were scheduled for three months and rescheduled as soon as to accommodate counsel and petitioners’ witnesses.
“The ineffective aid of counsel issues raised in this petition and within the petition of the co-defendant are separate and obvious, as each Petitioner became represented by separate counsel at trial, and Petitioner Michael Parnell raises extra grounds for relief,” the reflect wrote.
“Petitioner Stewart Parnell seeks so that you simply might maybe well add the testimony of an knowledgeable seek, while Petitioner Michael Parnell does now no longer. The Court docket has now no longer dominated on whether or now no longer the knowledgeable would maybe be allowed to testify. On the opposite hand, Petitioner Stewart Parnell’s motion so that you simply might maybe well add the testimony of an knowledgeable seek might maybe maybe motive a doubtless continuation of Petitioner Stewart Parnell’s evidentiary listening to and lengthen the disposition of Petitioner Stewart Parnell’s § 2255 Motion for months. Petitioner Michael Parnell’s petition might maybe maybe also objective be resolved sooner, with a briefing agenda to be whisper on the tip of his evidentiary listening to on Could maybe objective 28, 2021.
“The Court docket believes that essentially the most relevant testimony in these evidentiary hearings will near from the respective parties’ trial counsel. Those participants might maybe maybe be the foremost witnesses, and there is no longer any such thing as a overlap between the respective trial counsel in this regard,” Langstaff wrote.
Constant with the denial reveal, the Justice of the Peace’s court docket is smaller than other courtrooms in Albany’s C.B. King Courthouse, elevating concerns about pandemic distancing and security.
Stewart Parnell’s listening to, foundation at 9 a.m. this day, is anticipated to procure two to a pair days. Michael Parnell’s listening to is taking on to 2 days, initiating at 9 a.m. Thursday. Langstaff’s reveal directs the authorities that Michael is now to no longer appear in his court docket except the launch of the 2d listening to on Could maybe objective 27.
Michael Parnell’s attorney, Elliott M. Harding; Stewart Parnell’s attorneys, Amy Levin Weil and Amy Lee Copeland; and the counsel for the usa, Speare I. Hodges, signed the motion to hitch the hearings.
Judges in general partner with motions that are agreed to by each defense and prosecution. The court docket docket does now no longer maintain any mention of a joint listening to except Friday.
Michael Parnell picked up a brand fresh attorney on Could maybe objective 19. Richmond defense attorney William J. Dinkin would maybe be helping Harding when the 2d listening to begins on Thursday.
Stewart Parnell, 66, and Michael Parnell, 62, stare post-conviction relief within the evidentiary hearings over their 2255 motions. They were convicted in 2014 by a federal jury in Albany for multiple felonies associated with a lethal 46-whisper Salmonella outbreak.
In 2015, the trial reflect sentenced Stewart Parnell to 28 years in federal jail, and Michael Parnell got 20 years. The appellate court docket upheld their convictions and sentences.
The outbreak became associated with a peanut processing plant positioned in Blakely, GA, operated by the Parnell-owned Peanut Company of The united states. Hundreds were sickened by nine died from immoral peanut butter and peanut paste from the facility.
Stewart Parnell became PCA’s chief executive, and Micheal Parnell labored with its possibilities as a peanut dealer. At trial, PCA became proven to be a reckless firm that can maybe ship peanut products that examined certain for dangerous pathogens.
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