Jury advisor Denise de La Rue’s skilled witness report isn’t too fashionable with authorities attorneys dealing with a case associated to an outbreak traced to peanut merchandise. They need it tossed from the continued Movement 2255 proceedings to vacate Stewart Parnell’s conviction and sentencing.
In written arguments, the federal government says the jury skilled’s report is improper underneath authorized requirements and as testimony fails to satisfy the required evidentiary commonplace.
The written arguments concerning the jury advisor’s report pit the identical attorneys in opposition to one another as those that appeared for an in-person listening to in Albany, GA, over the last week of Could.
Division of Justice trial lawyer Speare I. Hodges is on the facet that wishes to see Parnell, the one-time chief govt of a peanut processor, stay in federal jail for the 22 years remaining on his 28-year sentence.
Atlanta appellate lawyer Amy Levin Weil represents Parnell within the Movement 2255 continuing that seeks to vacate some or all the remaining sentence.
Prosecutor Hodges says the skilled’s testimony is improper within the federal Eleventh Circuit as a result of it goes to the “final difficulty” of whether or not Parnell’s trial counsel was efficient. Strategic or tactical testimony may be heard, in line with Weil.
The jury skilled is a Georgia-based jury advisor with intensive trial and educational credentials. She was not concerned within the 2014 jury trial that convicted Parnell, his brother, and one in every of his quality-control staffers. Two different managers entered into plea offers with the federal government earlier than trial.
Her testimony helps Parnell’s petition that he didn’t get efficient authorized counsel at trial. de La Rue stated pre-trial publicity left the neighborhood bias in opposition to him, and his attorneys ought to have requested for a change of venue.
Jury choice allowed people sequestered for voir dire for questioning jurors with information of the case, however Parnell’s trial attorneys had been ineffective in its use. Not less than two jurors with information of the deaths linked to contaminated peanuts obtained on the jury. Details about deaths within the associated Salmonella outbreak was banned by the trial decide.
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