Jury handbook Denise de La Rue’s professional peep anecdote isn’t too customary with authorities attorneys handling a case linked to an endemic traced to peanut merchandise. They wish it tossed from the continued Circulation 2255 proceedings to vacate Stewart Parnell’s conviction and sentencing.
In written arguments, the authorities says the jury professional’s anecdote is homely below legal requirements and as testimony fails to meet the compulsory evidentiary customary.
The written arguments referring to the jury handbook’s anecdote pit the identical attorneys against every moderately a couple of as folk that appeared for an in-particular person listening to in Albany, GA, at some stage within the final week of Might presumably well perchance also merely.
Division of Justice trial legal decent Speare I. Hodges is on the facet that needs to peep Parnell, the one-time chief govt of a peanut processor, remain in federal penal complex for the 22 years closing on his 28-year sentence.
Atlanta appellate legal decent Amy Levin Weil represents Parnell within the Circulation 2255 proceeding that seeks to vacate some or all of the closing sentence.
Prosecutor Hodges says the professional’s testimony is homely within the federal Eleventh Circuit on story of it goes to the “final anguish” of whether or no longer Parnell’s trial counsel was once effective. Strategic or tactical testimony could even be heard, basically based mostly on Weil.
The jury professional is a Georgia-basically based mostly jury handbook with intensive trial and educational credentials. She was once no longer eager referring to the 2014 jury trial that convicted Parnell, his brother, and one among his quality-withhold a watch on staffers. Two moderately a couple of managers entered into plea deals with the authorities sooner than trial.
Her testimony supports Parnell’s petition that he didn’t get hang of effective legal counsel at trial. de La Rue acknowledged pre-trial publicity left the community bias against him, and his lawyers could well well merely calm maintain asked for a replace of venue.
Jury choice allowed folk sequestered for voir dire for questioning jurors with records of the case, but Parnell’s trial attorneys had been ineffective in its use. Now no longer much less than two jurors with records of the deaths linked to harmful peanuts obtained on the jury. Knowledge about deaths within the linked Salmonella outbreak was once banned by the trial insist.
(To signal in for a free subscription to Meals Safety News, click right here.)