Two weeks out from the evidentiary hearings that might see a federal Justice of the Peace vacate their convictions and sentences, the Parnell brothers have traded witness and exhibit lists with authorities attorneys. The hearings, held underneath 28 U.S.C. § 2255, starting on Could 24 for Stewart Parnell and Could 27 for Michael Parnell are each being held earlier than U. S. Justice of the Peace Choose Thomas Q. Langstaff for the Center District of Georgia.
A Center District jury in 2014 convicted the brothers on a number of federal felonies stemming from the lethal 2008 multistate Salmonella outbreak that was traced to a Blakely, GA, peanut processing plant owned and operated by the now-defunct Peanut Company of America. Stewart Parnell was PCA’s chief govt and Michaele Parnell was a peanut dealer.
The brothers have served about six years of the sentences they acquired in 2015 — 28 years for Stewart and 20 years for Michael. If on the Could hearings one or each of the brothers could make a “substantial displaying of the denial of a constitutional proper,” they may very well be freed.
Stewart Parnell, 66, and Michael Parnell, 62, should not presently within the custody of the Bureau of Prisons, seemingly as a result of they’re in transit by federal Marshals to Albany, GA, for his or her court docket appearances. They’ve been held individually at federal prisons in West Virginia and New Jersey.
For the primary listening to, on behalf of Stewart Parnell, protection attorneys Amy Levin Weil of Atlanta and Amy Lee Copeland of Savannah have offered a witness listing with 4 names: E. Scott Austin, Thomas J. Bondurant, Ken Hodges and Justin Lugar.
All 4 served as Stewart Parnell’s protection group through the authentic jury trial. Austin, Bondurant, and Lugar had been from Gentry Locke in Roanoke. Hodges, who has since been elected to the Georgia Courtroom of Appeals, was training legislation in Atlanta. And Lugar is now an assistant U.S. Lawyer for Georgia.
Stewart Parnell’s attorneys, Amy Weil and Amy Copeland consider their consumer was denied efficient counsel at and across the authentic trial. Arguments round ineffective counsel are generally made in Movement 2255 hearings.
The federal government additionally has these 4 attorneys on its witness listing.As well as, nevertheless, it plans to name Edward D. Tolley and Devin Hartness Smith, Michael Parnell’s trial attorneys, and Thomas G. Ledford, the Albany lawyer the court docket appointed to signify Mary Wilkerson, PCA’s high quality management officer. She was convicted of 1 rely of obstruction of justice and served 5 years.
Weil and Copeland have produced an exhibit listing with a Gentry Locke payment, bill, and payment and price entries together with varied e mail chains involving jury choice and the potential use by the protection of a jury marketing consultant.
At his Movement 2255 listening to, Michael Parnell is represented by Charlottesville, VA ,protection lawyer Elliott M Harding. Each he and the federal government’s attorneys have submitted their witness lists, however the court docket has not launched them to the general public. Each of their exhibit lists for the Michael Parnell listening to run into a number of pages.
Harding, who practices solo, has gained the correct to unseal Voir Dire transcripts from the trial. The Justice of the Peace granted Harding entry to the paperwork for the course of the Movement 2255 listening to. “The voir dire transcripts shall stay confidential, with the knowledge therein reviewed solely by counsel, their authorized and assist workers, and the events,” Langstaff’s order says.
“The voir dire transcripts and the knowledge contained herein shall solely be used for functions related to the decision of this pending 2255 Movement.” Langstaff additional ordered all copies of the transcripts together with different paperwork containing info from the transcripts destroyed by all events on the finish of the Movement 2255 proceedings.
In breaking these transcripts free, Harding reminded the Justice of the Peace about Michael Parnell’s Movement 2255 petition. “Three of the issues raised in Mr. Parnell’s petition concern jury prejudice,” he stated. “Mr. Parnell’s first declare includes trial counsel’s failure to strike jurors for trigger as a result of their information of deaths that had been reportedly the results of meals contamination by way of salmonella. A 3rd declare includes trial counsel’s failure to research the difficulty of whether or not jurors had been improperly prejudiced by the revelation of deaths involving salmonella as soon as counsel was made conscious of this allegation post-trial.”
Langstaff has served because the Justice of the Peace Choose for Georgia’s Center District since 2010. He dealt with some pre-trial points within the PCA felony case. He additionally dominated that the Movement 2255 petitions filed by the Parnells had been ample to go to a listening to.
On Nov. 10, 2008, the CDC’s PulseNet workers first famous a small and extremely dispersed multistate cluster of 13 Salmonella Typhimurium isolates with an uncommon DNA fingerprint or pulsed-field gel electrophoresis (PFGE) sample reported from 12 states. By April 20, 2009, 714 folks in 46 states had been confirmed with the outbreak pressure of Salmonella Typhimurium related to the PCA facility Blakely, GA. 9 deaths had been a direct results of the outbreak, in accordance with the Facilities for Illness Management and Prevention.
Mary M. Englehart, trial lawyer for the Division of Justice Client Safety Department, shall be returning to Albany for the Movement 2255 hearings. She, together with Patrick Hearn and Alan Dasher, was a part of the DOJ trio of attorneys that gained the convictions on the 2014 jury trial. Englehart shall be joined by Speare I. Hodges, who moved from being an Assistant U.S. Lawyer in Virginia to the Client Safety Department at important Justice.
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