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 below 28 U.S.C. § 2255, starting on Might 24 for Stewart Parnell and Might 27 for Michael Parnell are each being held earlier than U. S. Justice of the Peace Decide 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 government and Michaele Parnell was a peanut dealer.
The brothers have served about six years of the sentences they obtained in 2015 — 28 years for Stewart and 20 years for Michael. If on the Might hearings one or each of the brothers could make a “substantial exhibiting of the denial of a constitutional proper,” they could possibly be freed.
Stewart Parnell, 66, and Michael Parnell, 62, should not at present within the custody of the Bureau of Prisons, doubtless as a result of they’re in transit by federal Marshals to Albany, GA, for his or her courtroom 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 checklist with 4 names: E. Scott Austin, Thomas J. Bondurant, Ken Hodges and Justin Lugar.
All 4 served as Stewart Parnell’s protection group throughout the authentic jury trial. Austin, Bondurant, and Lugar have been from Gentry Locke in Roanoke. Hodges, who has since been elected to the Georgia Court docket 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 shopper 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 checklist.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 courtroom appointed to characterize 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 checklist with a Gentry Locke payment, bill, and payment and value entries together with varied e-mail chains involving jury choice and the potential use by the protection of a jury guide.
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 courtroom 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 precise 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 data therein reviewed solely by counsel, their authorized and assist employees, and the events,” Langstaff’s order says.
“The voir dire transcripts and the data 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 data 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 mentioned. “Mr. Parnell’s first declare entails trial counsel’s failure to strike jurors for trigger on account of their data of deaths that have been reportedly the results of meals contamination by way of salmonella. A 3rd declare entails trial counsel’s failure to analyze the problem of whether or not jurors have 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 Decide for Georgia’s Center District since 2010. He dealt with some pre-trial points within the PCA legal case. He additionally dominated that the Movement 2255 petitions filed by the Parnells have been adequate to go to a listening to.
On Nov. 10, 2008, the CDC’s PulseNet employees 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 have been confirmed with the outbreak pressure of Salmonella Typhimurium related to the PCA facility Blakely, GA. 9 deaths have been a direct results of the outbreak, in response to the Facilities for Illness Management and Prevention.
Mary M. Englehart, trial lawyer for the Division of Justice Shopper 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 Shopper Safety Department at foremost Justice.
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