By Debbie Maimon, Yated Ne’eman
In a remarkable but unreported event in an Iowa courthouse a few weeks ago, a judge expunged from the court record Sholom Rubashkin’s entire labor case, including all documents and trial proceedings connected with “The State of Iowa vs. Sholom M. Rubashkin.”
The judge was implementing a new state law that grants a former defendant who was found innocent at trial, or for whom all charges were dropped or dismissed, full erasure of his criminal record.
Such an act signals recognition that the case was without foundation, should not be used in any way against the former accused and essentially, should never have been brought.
It’s the closest thing to an apology one can expect from the government for putting someone through the financial and psychological ordeal of a criminal prosecution.
Sholom Rubashkin was one of the first individuals to see his state case wiped clean thanks to this new law. What an extraordinary sequel to a sensationalized criminal prosecution, in which he was initially slated to stand trial for a staggering 9311 counts of violating child labor laws.
Government officials spent two years investigating and preparing the case, spending vast sums of money, amassing thousands of files and preparing dozens of witnesses. Now even the initial indictment can no longer be found on any public database. The entire saga has been expunged. Who could have envisioned the massive affair would later be erased by a one-page court order?
Had anyone suggested such a scenario during the painful, bleak period when Sholom was surrounded by enemies anticipating his conviction on thousands of labor counts, he would have been laughed at.
SUREFIRE VICTORY?
As many will recall, a smear campaign waged against AgriProcessors by labor unions, the Forward newspaper and various unscrupulous elements had trashed its reputation well before the trial commenced. Sholom Rubashkin’s name in many circles had come to be linked with the evils of worker abuse and immigrant exploitation.
Of course, when the 9311 labor violations were abruptly dropped to 83 on the eve of the trial, observers began to suspect something artificial about the massively inflated indictment. But the propaganda had already poisoned public opinion. Victory for the prosecution was thought to be a slam dunk.
One remembers how the government at great expense had flown in witnesses from Guatemala and other countries where, as undocumented workers at AgriProcessors, they had been deported after the raid. Now they were promised rich incentives to return – including a coveted U-visa for themselves and their families – in exchange for their cooperation with the government.
All they had to do was give testimony against their former employer, describing to a jury how they were hired as minors at the meat-packing plant and were mistreated and exploited.
LABOR TRIAL DIDN’T FOLLOW SCRIPT
To the government’s chagrin, the trial did not go according to script. Despite extensive prepping by a Spanish translator, the witnesses’ narratives were plagued with inconsistencies. Many witnesses fumbled their way through their testimonies, frequently retreating into “I don’t know” or “I don’t remember” under cross-examination. Their collective testimonies failed to sway the jury.
The actual charges against Sholom were that he knowingly hired underage minors and exposed them to dangerous machinery and working conditions. At trial, the prosecution also aired a host of additional allegations about foul play at AgriProcessors including extortion, withholding employees’ wages and not providing workers with safety gear.
The witnesses from Guatemala each testified to having been underage when they were hired at the meat-packing plant. Yet, as cross-examination proceeded, most admitted they had lied about their age to get a job, raising doubts about their overall reliability. A baffled jury pondered the many unknowns. Had the witness truly lied about his age as he claimed? Was he really a minor at the time he was hired? If so, how was Sholom Rubashkin at fault for hiring him?
If these former employees were telling the truth about their ages, why could the government not produce birth certificates, passports or other form of documentation to corroborate their statements?
Or perhaps the witnesses, with their eyes on the promised U-visa, were lying to the jury now about having lied then, when applying for a job? If so, how could their testimony about anything related to AgriProcessors be trusted?
ALLEGATIONS COLLAPSE UNDER SCRUTINY
Puncturing the many lies and myths about AgriProcessors that had gained traction posed a challenge for defense attorneys Mark Weinhardt and Montgomery Brown.
But their diligent cross-examination and talented ‘lawyering,’ in a courtroom presided over by the even-handed Judge Nathan Callahan, slowly turned the tide in the courtroom.
Weinhardt and Brown not only shredded the credibility of the government’s witnesses, they laid bare the lack of foundation to claims of unsafe work conditions, physical abuse, lack of safety equipment and exposure to poisonous chemicals at the plant.
One by one, the allegations raised by the government collapsed under scrutiny.
Defense witnesses included plant managers; an immigration attorney; a former Postville city councilman; Agri’s former rav hamachshir; various individuals who had been given comprehensive tours of the plant, and a professional interpreter who had access to Postville’s immigrant community.
Management personnel testified that regulations about not hiring minors were strictly enforced at AgriProcessors. One officer explained that the plant had so many applicants, they turned away dozens each week; the applicant pool was so abundant there was no need for underage workers.
In addition, he said, the risks involved in employing minors made it thoroughly impractical to do so. Their performance would be inferior, causing productivity to suffer. An injured minor would not qualify for insurance. His being discovered could result in the plant losing its insurance. There was nothing to be gained and much to lose in hiring underage workers.
In response to questions about minors and whether he observed workers in safety equipment, Rabbi Moshe Weissmandl, the former rav hamachshir at Agriprocessors, said he walked every area of the plant once a month for seven years, and routinely observed workers fully attired in safety equipment. “Never did I see a worker that I could identify as a minor,” he said.
Rabbi Weissmandl used the opportunity on the witness stand to explain the origin, in his view, of the widespread prejudice against AgriProcessors and Sholom Rubashkin. He cited the relentless smear campaign of PETA, aided by UFCW union leaders, liberal Jewish activists at the Forward, and Conservative Jews pushing a new kind of “kosher” certification based on arbitrary ethical standards.
“Each group alone was ruthless, with non-stop incitement and harassment…Together they were unstoppable,” he said.
Slowly, throughout many hours of testimony, a more truthful picture emerged about the workers and about conditions at AgriProcessors. Defense witnesses established that safety training and safety equipment at the plant were a foremost priority. Over $100,000 a year was spent on safety equipment, protective safeguards and training, one manager testified.
Another manager, Chaim Abrams, testified that the record of workplace injuries at AgriProcessors fell below the national average at slaughterhouses; after a five-year period, insurance premiums paid by AgriProcessors for its workers so exceeded the amount of accident claims filed, the company received a refund. As all insiders know, this is extremely rare in the slaughterhouse industry, the manager said.
LABOR DEPT KEPT AGRIPROCESSORS IN THE DARK ABOUT MINORS
One of the most troubling disclosures that emerged from the defense testimony concerned an April 2008 onsite inspection of the plant by the Labor Department. Mary Funk, an immigration attorney from Des Moines, testified that following that inspection, AgriProcessors was sent a subpoena asking for over 100 personnel files.
Aware that the inspection team had included a Hispanic woman trained as a “facial expert,” Funk surmised that underage workers may have been discovered. Funk sent a letter to Sheridan Lucht, one of the labor officials, asking her to specify the names of any employees she believed to be minors, so that AgriProcessors could fire them.
“She wouldn’t give us any names,” testified Funk in court. She went on to describe how she repeatedly pressed Lucht at the Labor Department for the names of the suspected minors and was continually rebuffed.
“Why wouldn’t Ms. Lucht give the names?” defense attorney Brown asked
“She said the investigation was ongoing.”
“So labor [officials] let minors remain there for many weeks until the raid?
“I don’t know what they did. I only know we were not told who these minors were – if in fact they were minors.
“Is it fair to say Ms. Lucht was playing games by withholding this information?
“All I know is she did not give us the names.”
WHY DIDN’T LABOR HELP ‘MINORS’
Apparently in no particular hurry even after discovering “minors” in the plant’s work force, the Labor Department scheduled a June 2008 onsite inspection of documents at AgriProcessors to complete its investigation. That inspection never took place due to the May ICE raid, at which point all documents and records were seized by ICE officials.
One can’t help but ask the obvious question: Is it not bizarre that government officials took no action to stop minors from working long hours around supposedly poisonous chemicals and dangerous machinery?
Shouldn’t they have been concerned enough about child-laborers to respond to the attorney’s repeated inquiries? After all, would the state of Iowa be prepared to spend close to half a million dollars to prosecute Sholom Rubashkin if they did not consider child-labor laws of paramount importance?
One cannot avoid the implication that if in fact minors had been discovered, these were being used as pawns in a more important cause —and that is why officials stonewalled on the names.
Here was a chance to stage a high-profile case in the name of a humanitarian cause. Here was an opportunity to advance careers by bringing down Sholom Rubashkin, who by this time had been so demonized in the public mind, he would be a very soft target. A cinch to convict.
THREE WORDS THAT CAPTURE A UNIVERSE
As is well-known, the jury found Sholom Rubashkin innocent of all charges. The public was astounded by his sweeping acquittal. But for those who followed the trial carefully, there was no mystery.
The phenomenon of Sholom’s acquittal boiled down to three words that capture one of the cornerstones of a democracy: A fair trial. A trial at which the constitutional right of the accused to defend himself is respected and judge and jury both seek the truth.
Since the case has been expunged and there no longer exists any official record of the trial, memory must replace electronic records in preserving an awe-inspiring narrative of a stunning turnaround… when the unexpected and impossible became reality in Sholom Rubashkin’s life.
May the same come true regarding his current Motions to vacate his federal trial and be granted his freedom.
Because it’s completely meaningless. It’s just the automatic result of his acquittal. If the original acquittal on state charges didn’t move the president to pardon him on his federal conviction (and there was no reason it should), then this latest procedure will certainly not do so. And no, there is no such thing as “a discrimination lawsuit for false charges”. It doesn’t exist. For one thing the charges were NOT proven false, they just weren’t proven true beyond reasonable doubt. The prosecutors still maintain that he was guilty. Second, prosecutors have absolute immunity from all lawsuits resulting from how they… Read more »
Yes, every acquittal automatically results in the case being “expunged” (meaning sealed). The order does have to be made by a judge, but the judge has no discretion in the matter. All the judge does is verify that the person is eligible, i.e. it’s been 180 days, the acquittal/dropping was on all counts, and the reason was not the defendant’s insanity or incompetence. If those are the facts, the judge MUST seal the case, no matter what.
The jury acquittal happened a long time ago, and was a cause for celebration; this automatic administrative procedure is not.
MAY HASHEM GRANT HIM THE KOACH TO FORGET THIS PASSAGE OF HIS LIFE, EASY AND FAST, IN ORDER TO ENJOY HIS FAMILY AS A FREE MAN FOR MANY MANY MANY YEARS TO COME IN GOOD HEALTH ,A.K.Y.R.
Can He bring a discrimination lawsuit for false charges? It may help convince the appellate courts or president of his innocence.
Any way to get this info to Obama? Or Hillary to convince Obama? Hillary got her husband to pardon New Square school directors for their votes. Can an appeal be re-argued because of this? There has got to be ways to use this. Common attorneys….Think. Please. Thank you!
This DOES make a difference. Firstly, not every acquittal automatically results in the case being expunged. It needs to be approved by a judge. In this case ( the state case) there was a fair judge and a fair trial. The result ? 9157 charges all tossed. Secondly, it demonstrates that with a fair trial – with an untainted judge the outcome would certainly be different. One thing is for sure: even if a conviction was the verdict in a fair trial the sentencing would be nowhere near 27 years – a time usually given to murderers etc. PS why… Read more »
WHY ARE YOU SOOOOOOOOO SOOOOOOOOOO NEGETIVE?????????
At least one step forward!
as far as his conviction on the federal charges- enough let him go home. pardon now!
This news means NOTHING AT ALL. He was acquitted on the labor charges, so under the new law he was automatically entitled to have that case sealed. The state still believes he is guilty, but the jury didn’t buy it.
It has no effect at all on his conviction or his sentence.
I read that comment and I was very happy to say a kapital tehillim. Sometimes you need to be pushed to to the right thing
he is let free or should be let free or will be let free
This man’s faith, while sitting in a prison cell for years, is UNREAL!!! Hashem remembered him it seems…
Why do you make orders?
Not everyone will say tehillim and you have no right to command like that
we should definitely keep saying tehillim!
This is such good news, but we still have keep Davening! everyone reading this, day a kapital now!
Such good news!
Is, How their are plenty people out their (in america) have hard times paying their bills (especially young family’s) & they go in to dept, (some big debt, & some small dept) the big dept I would say in the low millions….(& are not able to pay back there lowns & get a way with it), & the small debt (are a hundred or even two hundred thousand dollars or more….in debt, & allso can not pay back there lowns) & get a way with it….my BIG Question is how come Sholom Mordechei gets busted for borrowing THERTY MILLION dollars… Read more »
With all due respect to the author : This article is not clear to any layperson unfirmilar with the American legal system – it sounds like something wonderful has happened – practically nothing has changed. May a true miracle occur to turn this terrible situation around immediately – with reveled good for the Rubashkin family
His freedom way overdue
DOES THIS MEAN SMR CAN HAVE HIS WHOLE CASE AND SENTENCE REVIEWED?? DOES THIS MEAN HE HAD A MISTRIAL????? CAN NOONE GET SENATORS TO FIGHT THIS INHUMANE SENTENCING .ENOUGH OF ALL THOSE PHOTO OPS IN THE WhITE HOUSE, DO SOMETHING FOR SMR.
It doesn’t get him out even one minute earlier.
This means absolutely nothing; it’s the automatic result of his acquittal on these charges, and the new law. It has no bearing on his federal conviction. And the state records of the charges are still there, just sealed.
משנכנס אדר מרבין בשמחה.
שמחה פורץ גדר,בזכות השמחה הגדולה
נזכה כולנו לרקוד עם שלום מרדכי הלוי בן רבקה,
ונעלה את ירושלים על ראש שמחתי.עם משיח בן דוד.
תיכף ומיד ממש,וכל מי שצריך נס השם יעזור לו ניסי ניסם גלויים
לכל עם ישראל. שבת שלום .
good Yom Tov Didan Notzach Lchaim the month of Adar wow this is really a big miracle everyone when they go to shul tonight sing and dance in honor of Sholom Rubashkin and will be no more of this nonsense he’s a great man
what’s going on here, as I was reading the article ithought, “finally Baruch Hashem! He’s being released!” But as I read the comments that seemed to not be the case. So is he out of jail or not? if not WHEN!? Please Hashem help him be reunited with his family this Shabbos and on with Moshiach!!!!!!!!
wanted him out of business ’cause he charged less for his meat l cannot tell you how l know this,this comes from anti jew hate,it’s terrible thing, as we all know ant-semtic is alive and well,it takes very little to stir them up, unfortunately we still have very dishonest people today
He is sitting becouse of judge and her team the banks were happy to deal with sholom mordechai
משנכנס אדר מרבין בשמחה.
שמחה פורץ גדר,בזכות השמחה הגדולה
נזכה כולנו לרקוד עם שלום מרדכי הלוי בן רבקה,
ונעלה את ירושלים על ראש שמחתי.עם משיח בן דוד.
תיכף ומיד ממש,וכל מי שצריך נס השם יעזור לו ניסי ניסם גלויים
לכל עם ישראל. שבת שלום .
i don’t get what this is saying. is he free or not?
I second that Notion!! MOSHIACH NOW!!
What does this mean? Does this help his lawyers to get him out sooner?
WOWW!!! Unbelievable!! Is this really true?? INCREDIBLE!!
Ken yirbu to the mazal!
Amen!
Yasher koach to Ms Maimon for diligently following and clearly writing about this gross miscarriage of justice!
May Hashem bring him home to his family very soon!
AMEN!!!!!!!!!!!!!!!!!!
He cited the relentless smear campaign of PETA, aided by UFCW union leaders, liberal Jewish activists at the Forward, and Conservative Jews pushing a new kind of “kosher” certification based on arbitrary ethical standards.
May this be the beginning of a complete freedom of sholom and of the woke klal Yisroel! Moshiach now
Great article.
HOWEVER. 25 of the 27 years SMR received, are for bank issues. NOT child labor laws.
YES being freed 2 early is ALSO GREAT!!!!!
BS”D
Biggest Simcha ever when he is released please G-d soon
ישועת ה׳ כהרף עין
May he be freed immediately !!
Now, what do you have to say for yourself?
What an embarrassment you are to our country!!
This is a travesty. The whole financial charges only came about when he couldn’t service the debt because of the labour problems. Hashem should please make this right.
They Should Pay him and his Family for all the Unnecessary suffering they caused him and his family!!
Thank you for constantly shedding light on the Rubashkin case. You stood by him all these years and openes our minds and hearts to the abuse. Now if we can only get these facts published and make his name great again
He should be set free right now. Then prosecute that so-called judge and the prosecutors.
I second that!!!
This poor innocent man is sitting in jail while the most evil criminals are walking free…
Moshiach now
Chodesh Adar
May he be released Now and the Anti Semitic judge take his place in Prison
This is in no way even close to an apology. The government has not changed its mind about anything. All it means is that he was acquitted, which we already knew. Under the new law this means that 180 days after the acquittal the defendant is entitled to expungement, and the judge had NO DISCRETION to refuse the application.
Also, expungement does NOT mean anything has been erased. It just means the records have been sealed, and are no longer available to anyone who feels like looking at them. They’re still available to those inside the system.