Defense counsel and a U.S. attorney made their closing arguments September 11-12, 2014, in the criminal trial of three former Peanut Corp. of America officials and employees who were charged with mail and wire fraud, obstruction, conspiracy, and other counts relating to a nationwide 2008-2009 Salmonella outbreak linked to the company’s Blakely, Georgia, facility. United States v. Parnell, No. 13-cr-12 (M.D. Ga.). Details about the charges appear in Issue 472 of this Update. The prosecution reportedly rested its case on September 11 in a trial that began August 2, and just one defendant—Michael Parnell—chose to present any evidence during a session lasting about an hour. His counsel argued that Michael was not a company director and never received a Peanut Corp. paycheck; rather, he was a customer who purchased tainted food from his brother Stewart’s plant, said a news source. Former owner Stewart Parnell decided not to introduce any testimony, and during…
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Attorneys representing the former Peanut Corp. of America owner and employees charged with conspiracy, mail and wire fraud, obstruction of justice and other counts involving the distribution of adulterated or misbranded food that allegedly led to a deadly Salmonella outbreak, had their opportunity on August 19, 2014, to cross-examine the company’s Blakely, Georgia, plant manager, Samuel Lightsey, who has been testifying as a government witness. United States v. Parnell, No. 13-cr-12 (M.D. Ga., Albany Div., filed February 15, 2013). Among other matters, the attorneys reportedly focused on the plea deal Lightsey struck with prosecutors; he was facing more than 30 years in prison, but could serve no more than six or go free if he substantially helps prosecute others. They also sought to show that (i) former owner Stewart Parnell was concerned about safety, (ii) Lightsey was responsible for plant safety, (iii) extensive retesting of samples positive for Salmonella came…
As the criminal prosecution of Peanut Corp. of America executives continues into its second week, the former south Georgia peanut-processing plant manager reportedly admitted lying to federal investigators about positive tests for Salmonella in company products and the frequency of testing “to play damage control, [and in an effort] to protect the company.” According to news sources, Samuel Lightsey, who agreed to plead guilty to seven criminal counts to reduce his potential prison sentence in exchange for his testimony against his former colleagues, also testified that the company cheated on safety testing by switching samples and shipping thousands of pounds of peanut products after learning they were contaminated or before testing could be completed. The contaminated peanut paste, traced to the Peanut Corp. facility, allegedly sickened more than 700 people and killed nine in a 2008-2009 Salmonella outbreak that led to one of the largest food recalls in U.S. history.…
While a number of jurors were dismissed because a two-month trial would create hardships for them, a 12-member jury and six alternates were selected on July 31, 2014, and opening statements began the next day in the criminal prosecution of former Peanut Corp. of America (PCA) owner Stewart Parnell, his brother Michael Parnell and the company’s quality control manager Mary Wilkerson. United States v. Parnell, 13-cr-12 (M.D. Ga.). Earlier in the week, the court denied Wilkerson’s motion to dismiss or alternatively for a continuance and severance and to compel meaningful discovery. She claimed that the government’s discovery disclosures “were not accompanied by easily searchable databases” and that she was not timely provided a password to access one of two discovery disclosures. The court had apparently considered some of these issues previously and found that “Wilkerson has not demonstrated any changed circumstances that would require the Court to reconsider its referenced…
A federal court in Georgia has delayed until July 28, 2014, the criminal proceedings against Stewart Parnell, former owner of the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered July 11, 2014). The defendants, including former vice president of sales Michael Parnell and former quality assurance manager Mary Wilkerson, had argued that they did not have time to review some 100,000 documents produced by the prosecution just days before the original July 14 trial date. The court refused to dismiss the 76-count felony indictment as an alternative remedy. Meanwhile, the court is also considering whether a Centers for Disease Control and Prevention (CDC) official should be allowed to testify during the trial, indicating that it would conduct a Daubert hearing to determine whether the testimony of CDC…
A federal court in Georgia has entered a number of orders in criminal proceedings, expected to go to trial July 14, 2014, against the former owner of the Peanut Corp. of America, implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths; among the orders was one denying the prosecution’s request for a psychiatric examination of Stewart Parnell. United States v. Parnell, No. 13-cr-12 (U.S. Dist. Ct., M.D. Ga., Albany Div., order entered July 10, 2014). Details about the criminal indictment appear in Issue 472 of this Update. While Parnell’s expert, whose testimony as to the defendant’s purported ADHD condition has been excluded, described Parnell as “fidgety, restless, excitable,” the court apparently found that this testimony did not otherwise indicate that Parnell would be unable to focus at trial. “Even if Stewart Parnell has an attention deficit disorder, Dr. Conley testified he is…
Following a hearing on the admissibility of expert testimony proffered as to Stewart Parnell’s ability to form the intent to commit alleged crimes arising from a national Salmonella outbreak linked to the Peanut Corp. of America, the company he formerly owned, a federal court in Georgia has excluded the expert, finding his testimony unhelpful and lacking a link to the criminal allegations. United States v. Parnell, No. 13-12 (U.S. Dist. Ct., M.D. Ga., Albany Div., order entered June 24, 2014). Details about the criminal charges appear in Issue 472 of this Update. Clinical psychologist Joseph Conley would have testified that Parnell has an Attention Deficit Hyperactivity Disorder condition that was so severe he likely never read, nor understood the significance of, many of the emails on which the government’s case relies. According to the court, “Dr. Conley’s testimony is a ‘diminished capacity defense’ designed to show that Parnell did not…
A federal court in Georgia presiding over the criminal case filed against the former owner of the Peanut Corp. of America, implicated in a nationwide Salmonella outbreak in 2009, has denied Stewart Parnell’s motion to seal an exhibit that the government intends to introduce as Rule 404(b) evidence— that evidence pertaining to crimes, wrongs or other acts. United States v. Parnell, No. 13-12 (U.S. Dist. Ct., M.D. Ga., Albany Div., order entered June 13, 2014). Details about the criminal charges appear in Issue 472 of this Update. Parnell claimed that the evidence, an email, is “highly prejudicial” and would taint the jury pool. The government argued that “the exhibit is a judicial document subject to the common law right of access.” The court agreed with the government, because the document was discovery material that had been filed in connection with Parnell’s motion in limine, seeking to keep it from being…
Stewart Parnell, former president of the Peanut Corp. of America (PCA), linked to a 2008-2009 nationwide Salmonella outbreak that allegedly killed nine who consumed products made with the company’s tainted peanut paste and injured some 700 others, has filed a motion asking the court to exclude “all evidence related to any alleged illness or death” during his criminal trial. United States v. Parnell, No. 13-cr 12 (M.D. Ga., motion filed May 20, 2014). Observing that the government’s pleaded harm “consists of monetary harm to the customers and individuals named” and that the entire case is “premised on the alleged wrongful conduct of obtaining money by false pretenses,” Parnell argues that victim-impact evidence is irrelevant and would be highly prejudicial. In this regard, he states, “[T]he only purpose for introducing evidence of salmonella-related illness and death is to inflame the jury in an effort to suggest a decision on an improper basis.”…
Samuel Lightsey, who formerly managed the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak, has entered a guilty plea to six of 76 criminal charges, including conspiracy, mail and wire fraud, obstruction of justice, and other counts related to the distribution of adulterated or misbranded food. U.S. v. Lightsey, No. 13-CR-12 (M.D. Ga., Albany Div., plea entered May 7, 2014). Facing a potential sentence of six years in prison, Lightsey has agreed to cooperate with the prosecution. The outbreak sickened more than 700 who consumed products containing tainted peanut paste, and at least nine died. According to the plea agreement, in September 2008, Lightsey and others shipped a lot of peanut paste from the company’s Blakely, Georgia, facility “without ever having submitted a sample from said lot to a laboratory for microbiological testing.” This food was misbranded because it was accompanied by a document containing…
