Lawyer’s ‘extreme well being disaster’ might complicate Stewart Parnell’s listening to

Parnell was sentenced in 2015 to a 28-year  jail time period, which he’s at the moment serving at a federal jail in West Virginia. He will probably be returned to the courtroom the place a jury convicted him in 2014 so the federal Justice of the Peace can hear oral arguments on a movement to vacate his conviction and sentence on grounds he was denied, efficient counsel.

 In September 2019,  Bondurant supported Parnell’s movement to vacate the conviction and sentence with a declaration, telling a few potential juror who stated he wished to “extract my pound of flesh” from Parnell.

When requested what he’d heard in regards to the case, Bondurant stated that juror responded by saying: “I personal an ag irrigation dealership, a part of that, I’m a third-generation peanut farmer in Sumter County. So I’ve invested 1000’s of {dollars} in market promotion and it was tanked. The whole lot we did was washed away. Not solely did they endanger youngsters’s lives, however additionally they destroyed our market. I do know individuals. Y’all stored referring to Lab 1 and Lab 2. I don’t know who Lab 2 is, however I do know who Lab 1 is. I heard all in regards to the samples. After all, I do know all the things I learn in — I learn within the Albany Herald, and I learn it in all of our commerce magazines.”

Parnell’s appellate attorneys plan to point out how Georgia’s peanut-growing counties turned hostile towards Parnell after PCA poisoned its clients and tainted the trade’s repute. They’re going to argue that Parnells’ trial attorneys ought to have sought a change of venue out of the hostile territory.

Parnell was indicted on Feb. 15, 2013, about 4 years after a Salmonella outbreak attributable to peanut butter and peanut paste produced by Parnell’s Peanut Company of America plant poisoned 1000’s across the nation and resulted in at the least seven deaths. Parnell and 4 different PCA executives or managers have been charged with conspiracy; introduction of adulterated meals into interstate commerce with intent to defraud or mislead; introduction of misbranded meals into interstate commerce with intent to defraud or mislead; mail fraud; wire fraud; and obstruction of justice.

Following a  jury trial in August and September 2014, Parnell was discovered responsible of conspiracy to commit mail fraud and wire fraud, conspiracy to introduce adulterated and misbranded meals into interstate commerce, a number of counts of introduction of adulterated meals into interstate commerce, a number of counts of Introduction of misbranded meals into interstate commerce, a number of counts of mail fraud, a number of counts of wire fraud, and two counts of obstruction of justice.

Parnell filed a post-trial movement for a brand new trial on Oct. 6, 2014, alleging that juror misconduct prejudiced his proper to a good trial. Partly,  he alleged that jury members mentioned salmonella-related deaths allegedly attributable to PCA’s merchandise and that Juror 34 confirmed juror bias.

 The court docket held two hearings, calling in each chosen juror for particular person questioning on the second listening to. One juror testified that different jurors had carried out their very own analysis over the course of the trial and found that the defendants “killed 9 individuals” within the outbreak.

That juror didn’t carry this alleged misconduct to the eye of any defendant or defendants’ counsel till after the trial had concluded. After an in depth evaluate of juror testimony, the court docket discovered that “[v]iewing the totality of the circumstances, the court docket finds that there isn’t any indication that any juror hid harbored bias from the court docket or the defendants. . . [and] the court docket finds that the defendants didn’t display that any juror didn’t truthfully reply any query throughout voir dire.”

In regard as to if the jury was uncovered to prejudicial extrinsic info, the court docket discovered that three jurors said that deaths have been mentioned within the jury room, however that “the dialogue of deaths arose from a misperception or incorrect recollection of the trial testimony or proof [that deaths were caused], not from the extrinsic supply.”

Parnell was sentenced to twenty-eight years in jail, which started when he entered on Sept. 21, 2015.  It’s to be adopted by three years of supervised launch.

Parnell appealed his conviction to the U.S. Court docket of Appeals for the Eleventh Circuit in Atlanta.

On attraction, he once more argued that he was entitled to a brand new trial primarily based on the jury’s alleged publicity to extrinsic proof that individuals died because of the salmonella outbreak, that the district court docket erred in permitting testimony from former working managers as to enterprise information, and that the federal government’s proof of loss was not sufficiently particular or dependable.

 The Eleventh Circuit court docket assumed that “at the least a number of of the jurors who sat on the case have been uncovered to extrinsic proof,” however that the extrinsic proof didn’t affect or contribute to the jury verdict. The Eleventh Circuit additional discovered that the previous working managers had ample information from which to testify and that there was no error in admitting this testimony, and that any remand for recalculation of the loss quantity was futile and any errors within the district court docket’s calculation have been innocent.

In the meantime, Stewart’s brother Michael, who was additionally convicted of a number of felony counts and sentenced to twenty years, is making related arguments.

“Trial counsel’s failure to research and name witnesses was not a method however a violation of Sixth Modification requirements and warrants presentation to the Court docket to make the case of simply how materials testimony would have been,” wrote Charlottesville, VA, legal professional Elliott Harding on Michale’s behalf final April.

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