The lawyer who led the defense of Stewart Parnell in his 2014 prison trial is bid to testify subsequent month about “claims of ineffective aid of counsel.” Thomas J. Bondurant Jr. is a veteran federal prosecutor and now a partner at Roanoke, VA-based mostly completely Gentry Locke. He’s among the “Ultimate Attorneys in America” for Company Compliance Legislation and White Collar Prison Protection.
Protection attorneys don’t fundamentally conform to testify that they provided a veteran client with ineffective counsel. But that’s what Bondurant plans to discontinue. On the other hand, he’ll now be testifying by scheme of video teleconference.
Bondurant, on April 14, told the attorneys enthusiastic “of a most modern smartly being disaster that has resulted in hindered mobility and fatigue, every of which accumulate toddle extremely refined for him.” The faded defense lawyer is under a “timely subpoena” to appear at Parnell’s Motion 2255 listening to, scheduled for Might possibly well even merely 24 in Albany, GA. Bondurant is scheduled to be a witness referring to Parnell’s ineffective counsel claims.
Amy Lee Copeland, Parnell’s lawyer for the Motion 2255 listening to, has filed a motion uncontested by authorities attorneys to enable Bondurant to appear and testify on the evidentiary listening to by video teleconference.
Justice of the Peace Receive Thomas Q. Langstaff will preside over Motion 2255 hearings for every Stewart Parnell on Might possibly well even merely 24 and his brother Michael Parnell on Might possibly well even merely 27. When he granted the 2255 relate, Langstaff’s stated: “The legislation is apparent that, in enlighten to be entitled to an evidentiary listening to, a petitioner need handiest deliver – no longer enlighten — moderately specific, non-conclusory info that, if staunch, would entitle him to reduction.”
Video teleconferencing also remains a backup resolution for any COVID concerns that attain up. On the other hand, the “in-person” hearings must quiet tear forward in U.S. District Court for the Heart District of Georgia. The court is in the C.B. King Courthouse in Albany, GA.
Parnell modified into once sentenced in 2015 to a 28-365 days penal advanced term, which he is at the moment serving at a federal penal advanced in West Virginia. He’ll be returned to the court the build a jury convicted him in 2014 so the federal magistrate can hear oral arguments on a motion to vacate his conviction and sentence on grounds he modified into once denied, effective counsel.
In September 2019, Bondurant supported Parnell’s motion to vacate the conviction and sentence with a declaration, telling a few prospective juror who stated he wished to “extract my pound of flesh” from Parnell.
When requested what he’d heard referring to the case, Bondurant stated that juror answered by asserting: “I hang an ag irrigation dealership, piece of that, I’m a third-generation peanut farmer in Sumter County. So I delight in invested hundreds of bucks in market promotion and it modified into once tanked. Every little thing we did modified into once washed away. No longer handiest did they endanger kids’s lives, but additionally they destroyed our market. I do know other folks. Y’all saved referring to Lab 1 and Lab 2. I don’t know who Lab 2 is, but I do know who Lab 1 is. I heard all referring to the samples. In spite of all the pieces, I do know all the pieces I read in — I read in the Albany Herald, and I read it in all of our replace magazines.”
Parnell’s appellate attorneys belief to indicate how Georgia’s peanut-rising counties grew to vary into antagonistic toward Parnell after PCA poisoned its potentialities and depraved the industry’s popularity. They’ll argue that Parnells’ trial attorneys must quiet delight in sought a commerce of venue out of the antagonistic territory.
Parnell modified into once indicted on Feb. 15, 2013, about four years after a Salmonella outbreak led to by peanut butter and peanut paste produced by Parnell’s Peanut Corporation of America plant poisoned hundreds all over the country and resulted in no longer no longer up to seven deaths. Parnell and four other PCA executives or managers were charged with conspiracy; introduction of adulterated food into interstate commerce with intent to defraud or lie to; introduction of misbranded food into interstate commerce with intent to defraud or lie to; mail fraud; wire fraud; and obstruction of justice.
Following a jury trial in August and September 2014, Parnell modified into once stumbled on responsible of conspiracy to commit mail fraud and wire fraud, conspiracy to introduce adulterated and misbranded food into interstate commerce, more than one counts of introduction of adulterated food into interstate commerce, more than one counts of Introduction of misbranded food into interstate commerce, more than one counts of mail fraud, more than one counts of wire fraud, and two counts of obstruction of justice.
Parnell filed a post-trial motion for a recent trial on Oct. 6, 2014, alleging that juror misconduct prejudiced his staunch to an ideal trial. In piece, he alleged that jury contributors mentioned salmonella-associated deaths allegedly led to by PCA’s products and that Juror 34 confirmed juror bias.
The court held two hearings, calling in every chosen juror for particular person questioning on the 2nd listening to. One juror testified that other jurors had performed their very hang research over the path of the trial and stumbled on that the defendants “killed 9 other folks” in the outbreak.
That juror didn’t bring this alleged misconduct to the consideration of any defendant or defendants’ counsel except after the trial had concluded. After a detailed review of juror testimony, the court stumbled on that “[v]iewing the totality of the conditions, the court finds that there is no longer a indication that any juror hid harbored bias from the court or the defendants. . . [and] the court finds that the defendants did no longer indicate that any juror did no longer in actuality resolution any query in the path of voir dire.”
In regard as to whether or no longer the jury modified into once uncovered to prejudicial extrinsic knowledge, the court stumbled on that three jurors stated that deaths were mentioned in the jury room, but that “the discussion of deaths arose from a misperception or unsuitable recollection of the trial testimony or evidence [that deaths were caused], no longer from the extrinsic provide.”
Parnell modified into once sentenced to 28 years in penal advanced, which began when he entered on Sept. 21, 2015. It is to be followed by three years of supervised commence.
Parnell appealed his conviction to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.
On attraction, he again argued that he modified into once entitled to a recent trial based mostly completely on the jury’s alleged publicity to extrinsic evidence that other folks died on story of the salmonella outbreak, that the district court erred in allowing testimony from veteran working managers as to replace info, and that the authorities’s evidence of loss modified into once no longer sufficiently specific or legitimate.
The Eleventh Circuit court assumed that “no longer no longer up to several of the jurors who sat on the case were uncovered to extrinsic evidence,” but that the extrinsic evidence didn’t affect or contribute to the jury verdict. The Eleventh Circuit additional stumbled on that the veteran working managers had sizable knowledge from which to testify and that there modified into once no error in admitting this testimony, and that any remand for recalculation of the loss amount modified into once futile and any errors in the district court’s calculation were innocuous.
Meanwhile, Stewart’s brother Michael, who modified into once also convicted of more than one prison counts and sentenced to 20 years, is making identical arguments.
“Trial counsel’s failure to envision and contact witnesses modified into once no longer a technique but a violation of Sixth Amendment requirements and warrants presentation to the Court to construct up the case of devoted how topic matter testimony would delight in been,” wrote Charlottesville, VA, lawyer Elliott Harding on Michale’s behalf closing April.
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