Parnell attorneys making ready their written arguments for vacating sentences

Stewart Parnell, 67, and Michael Parnell, 62, have returned to their low and medium safe lockups after showing for his or her movement hearings final month on the C.B. King Courthouse in Albany, GA.

Transcripts of these proceedings additionally grew to become obtainable to the events, kicking off the written arguments for U.S. Justice of the Peace Decide Thomas Q. Langstaff. In the end, Langstaff will determine whether or not the federal Center District Court docket for Georgia will vacate half or all the sentences the Parnells are serving.

Stewart Parnell, former Peanut Company of America (PCA) govt, has 18 years remaining on his jail sentence, and his peanut dealer brother, Michael Parnell, has about 11 years remaining. They have been convicted in 2014 by a jury for felony meals security violations within the lethal 2008-09 Salmonella outbreak linked to a PCA facility in Blakely, GA.

The Parnell brothers two years in the past filed Movement 2255 petitions to vacate their sentences due to errors they declare have been made by their trial attorneys failing to acquire a good trial.

About two weeks after the oral arguments in Albany in the course of the last week of Might, the court docket launched the transcript to the events. That ought to imply the primary written arguments will drop shortly.

Might’s oral arguments left one hang-over problem involving the Stewart Parnell petition. Decide Langstaff didn’t permit jury marketing consultant Denise de La Rue to testify as an professional witness for Stewart Parnell in Might however quite had her present a written report. She complied with that request on June 8.

The federal government filed on June 22, asking the choose to exclude the report. Langstaff’s deadline for the events to determine witnesses was Might 3, and Stewart Parnell waited till Might 16, 2021, “to hunt permission so as to add the professional’s testimony, with out submitting any discover concerning this witnesses anticipated testimony.”

He discovered her report “consists primarily of her conjecture as to different choices that counsel might have employed concerning the venue and voir dire points, mainly speculating that if additional evaluation or questioning had been accomplished and had proven bias.”

“Counsel might have filed motions to vary the venue and to strike sure jurors, he added. “These are the essential arguments already put forth by the petitioner.”

Langstaff says there may be ” no indication that petitioner’s professional has ever served as trial counsel in a jury trial, ever carried out voir dire, ever exercised both a peremptory problem or a problem for trigger, ever participated in or noticed a jury trial within the Albany Division of the Center District of Georgia, ever participated in or noticed a jury trial carried out by the trial choose on this case, or that she has any expertise in putting a jury in any of the counties in Southwest Georgia from which this venire originated.

“It’s clear that petitioner’s professional was not within the courtroom throughout any a part of the jury choice course of on this case, and was thus disadvantaged of observing any non-verbal conduct on the a part of the contributors or with the ability to gauge the subtleties and nuances which are a part of the collection of any jury.”

Subsequent up, the Parnells have 30 days after they’ve entry to the transcript of the evidentiary listening to to temporary their assist of their claims. The federal government will then have 21 days to reply.

In the meantime, Stewart Parnell will wait this out whereas incarcerated at West Virginia’s Hazelton federal jail. Michael Parnell is a resident of the Fort Dix, NJ, federal jail.

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