Three further witnesses will seemingly testify at Stewart Parnell’s listening to next Monday to vacate his convictions and sentencing linked to multiple federal felonies stemming from a lethal 2008 Salmonella outbreak.
The requested further witnesses are: Denise de la Rue, a trial manual, and strategist; James “Jay” Strother, peanut broker with James Strother and Firm LLC; and John T. Powell, executive director for the American Peanut Shellers Affiliation.
Amy Levin Weil of Atlanta, and Amy Lee Copeland of Savannah, attorneys representing Parnell within the Circulate 2255 listening to, acknowledged their “intense preparation” led them to the three further witnesses “to present testimony in toughen of the petition” to vacate.
Parnell’s customary gape listing submitted on Can also merely 3 contained the names of four attorneys who defended him in his 2014 jury trial — E. Scott Austin, Thomas J. Bondurant, Justin Luger and Ken Hodges.
The court docket is permitting Bondurant to testify by video convention thanks to successfully being concerns. Bondurant, Austin and Luger from the Gentry Locke legislation firm in Roanoke equipped the core of Parnell’s defense, including Hodges, then an Atlanta lawyer.
Lugar is now an assistant U.S. Authorized authentic for Virginia, and Hodges is a hold on the Georgia Court of Appeals.
Justice of the Peace Decide Thomas Q. Langstaff has ordered the authorities to answer to Parnell’s stream so that you just might add witnesses by shut of substitute this day (Can also merely 18). Langstaff is presiding over the Stewart Parnell listening to that begins on Can also merely 24 and a 2nd listening to for his brother Michael Parnell that starts on Can also merely 27.
Weil and Copeland yelp the three further witnesses they’ve recognized “will present severe testimony” to toughen Stewart Parnell’s stream to vacate. In court docket documents, they are saying de la Rue “has no longer been engaged,” and Strother and Powell weren’t recognized ahead of Can also merely 3.
Parnell’s attorneys argue that adding three further witnesses 10 days ahead of the listening to is an realistic question.
Parnell’s attorneys have got the hold’s permission for get right of entry to to voir dire transcripts from the 2014 jury selection in assorted pre-listening to stream. That permission was once first granted to Michael Parnell’s lawyer to be used in his listening to next week.
The attorneys have agreed to destroy all copies of the jury selection complaints when the Circulate 2255 complaints are full.
Each hearings are being held next week at the federal courthouse in Albany, GA.
A jury in 2014 in that very same courthouse convicted the Parnell brothers of multiple federal felonies stemming from the lethal 2008 multistate Salmonella outbreak.
A Blakely, GA, peanut processing plant owned and operated by the now-defunct Peanut Company of The US was once the provide of the 46-state outbreak resulting in hundreds of ailments and 9 deaths.
Stewart Parnell at the time was once PCA’s chief executive, and Michael Parnell was once his peanut broker brother.
They are annoying their incarceration after serving about six years of the sentences they received in 2015 — 28 years for Stewart and 20 years for Michael.
If one or both brothers can manufacture a “substantial showing of the denial of a constitutional ethical at next week’s hearings,” they’ll also toddle free.
Stewart Parnell, 66, and Michael Parnell, 62, are no longer currently within the custody of the Bureau of Prisons, seemingly due to they’re in transit by federal Marshals to Albany, GA, for his or her court docket appearances. They’ve been held one by one at federal prisons in West Virginia and Contemporary Jersey.
Court documents teach their own praises that Stewart Parnell’s attorneys will argue their client was once denied efficient counsel at and around the customary trial. Arguments round ineffective counsel are customary in Circulate 2255 hearings.
At his listening to, Michael Parnell shall be represented by Charlottesville, VA, defense lawyer Elliott M Harding. Harding, who practices solo, was once the first to purchase the ethical to dispute the voir dire transcripts from the jury selection for the 2014 trial.
“The voir dire transcripts shall remain confidential, with the solutions therein reviewed only by counsel, their apt and toughen staff, and the parties,” Langstaff’s bid says. “The voir dire transcripts and the solutions contained herein shall only be veteran for functions linked with the chance of this pending 2255 Circulate.”
In breaking those transcripts loose, Harding reminded the Justice of the Peace about Michael Parnell’s Circulate 2255 petition. “Three of the issues raised in Mr. Parnell’s petition say jury prejudice,” he acknowledged. “Mr. Parnell’s first claim involves trial counsel’s failure to strike jurors for reason as a result of their recordsdata of deaths that were reportedly the outcomes of food contamination by salmonella. A third claim involves trial counsel’s failure to match the topic of whether jurors were improperly prejudiced by the revelation of deaths animated salmonella once counsel was once made aware about this allegation post-trial.”
Langstaff has served as the Justice of the Peace Decide for Georgia’s Middle District of the Federal Court machine since 2010. He handled some pre-trial points within the PCA felony case. He additionally ruled that the Circulate 2255 petitions filed by the Parnells were enough to switch to a listening to.
The Companies for Illness Preserve watch over and Prevention in Atlanta, the dispute of PulseNet on Nov. 10, 2008, found a small and extremely dispersed cluster of 13 Salmonella Typhimurium isolates with an original DNA fingerprint pulsed-field gel electrophoresis (PFGE) pattern in 12 states.
By April 20, 2009, at the least 714 folks in 46 states were confirmed with a lethal disease rigidity of Salmonella Typhimurium linked with the PCA facility Blakely, GA. Thousands of others were seemingly sickened without affirmation.
Mary M. Englehart, trial lawyer for the Division of Justice Client Safety Division, shall be returning to Albany for the Circulate 2255 hearings. Along with Patrick Hearn and Alan Dasher, she was once segment of the U.S. Division of Justice trio of attorneys that won the convictions at the 2014 jury trial.
This time, Englehart will bid the authorities with Speare I. Hodges, one other DOJ Client Safety Division lawyer.
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