Prime listening to questions: What did the jury know, why wasn’t the trial moved

ALBANY, GA — Stewart Parnell, his hands-free however his wrists connected to the chain round his waist and ankles, was again within the federal courthouse Monday, the place a jury practically seven years in the past discovered him responsible of a number of federal meals security crimes.

His reappearance on the C.B. King federal courthouse in Albany, GA, was additionally a little bit of a reunion as Parnell spent the day listening to testimony by three of his protection attorneys from his 2014 trial. One concern is whether or not Parnell was the sufferer of ineffective counsel when he was convicted and sentenced to twenty-eight years in federal jail.

When he went to trial on a number of federal felony expenses in 2013, Parnell appeared to have a “dream crew” for his protection. Amongst them had been former Albany prosecutor and now decide  Ken Hodges, lately elected to the Georgia Courtroom of Appeals; former federal prosecutor Thomas J. Bondurant; and Gentry Locke Accomplice E. Scott Austin.

Decide Hodges, Bondurant, and Austin Monday discovered themselves underneath questioning from the “two Amys.” Amy Levin Weil of Atlanta and Amy Lee Copeland of Savannah are unbiased personal apply attorneys. Every was beforehand an assistant U.S. legal professional with a decade of doing appellate work for the federal government.

Decide Hodges testified in individual whereas Bondurant and Austin participated by the court docket’s video setup. The evidentiary listening to earlier than Justice of the Peace Decide Thomas Q. Langstaff continues in the present day.

A second listening to for Stewart Parnell’s brother Michael Parnell begins on Thursday morning. He’s serving a 20-year sentence for his federal crimes.

Ought to this week’s evidentiary hearings show there was a violation of the Parnells’ constitutional rights, one or each of the brothers may go free.

Stewart Parnell’s appellate attorneys for the Movement 2255 hearings spent the day soliciting as a lot as they might pull out of Hodges, Bondurant, and August about how the protection crew dealt with two points.

  • Why did the crew not try to transfer the Peanut Company of America prison trial with a change of venue movement?
  • And the way was it that the jury ended up making its choice with data of deaths attributable to the 46-state Salmonella outbreak linked to PCA peanut merchandise?

After the jury’s convictions, the trial decide investigated whether or not the jury was tainted as a result of some jurors knew that the Salmonella outbreak induced deaths. The jury knew the Salmonella outbreak may need sicken 1000’s, however the decide permitted no point out of the 9 deaths linked to the outbreak.

The trial decide in the end dominated the jury wasn’t tainted and was in a position to attain honest verdicts, and the U.S. Courtroom of Appeals in Atlanta upheld his choice.

Decide Hodges advised the listening to the jury “mentioned information not in proof” as a result of there was no point out in any court docket testimony concerning the deaths, which did turn out to be a part of the jury deliberations.

Because the three gave their testimony Monday, it turned clear that the protection crew had its disagreements. Bondurant, retired after three many years as a prime federal prosecutor in Virginia, was new to Gentry-Locke.  But, he reportedly employed Hodges on his personal and knowledgeable the others at Gentry-Locke.

However, the crew’s choice to not file a movement for a change of venue meant they misplaced that as an enchantment concern.  On the time, the protection crew thought their largest pre-trial victory was the federal government’s settlement to not produce any proof at trial concerning the Salmonella deaths.

At Monday’s listening to, Stewart was by no means out of the sight of federal brokers, who’re chargeable for him throughout his transit from federal jail. Parnell’s household, family of victims of the Salmonella outbreak and legal professionals didn’t fill the Justice of the Peace Courtroom, however they had been “shut sufficient.”

Former Gentry-Locke legal professional Justin Lugar is scheduled to look in the present day. He’s now an assistant U.S. Lawyer.

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