U.S. District Court Chief Judge Linda R. Reade has ordered that the Iowa meatpacking manager found guilty on 86 counts of fraud and money laundering will remain behind bars.

Sholom M. Rubashkin, who served as the day-to-day manager at Agriprocessors in Postville and is the son of company founder A. Aaron Rubashkin, will remain in the custody of U.S. Marshals until he is sentenced on the earlier conviction. It is unknown if Rubashkin, who recently had 72 immigration-related offenses against him dismissed, will remain in a county facility or will be moved to a federal prison. An exact sentencing date has not yet been established, and, since the process requires extensive reports for judicial review, the date could be several weeks from now.

In the bail hearing on Wednesday, the Rubashkin defense team pointed to the man’s strong community and family ties in Postville as well as his record of good behavior while on release pending trial. Prosecutors, on the other hand, told the court that the fact that Rubashkin was facing a sentence of possibly several hundred years in prison that the situation had changed significantly.

In addition, the prosecution called Mike Fischels, a special agent who has long been assigned to the Agriprocessors case, to testify about an overseas telephone conversation he had with a company supervisor still wanted by the government.

Fischels testified that he spoke with co-defendant Hosam Amara on the telephone about Amara’s flight from the U.S. to Israel. Amara indicated to Fischels that [Rubashkin] told him to leave the U.S. and return to Israel in order to remove himself from the situation facing Agriprocessors.

The government also presented a copy of a check and bank documents that suggest Rubashkin provided financial assistance to Amara around the time that he fled the U.S.

The court finds that the government’s evidence for detention is compelling.
Defendant’s actions prior to and during the pendency of the instant action, when coupled with the powerful incentive to flee due to the jury’s return of the Verdicts, demonstrates that Defendant poses a flight risk. The court notes that, in the Detention Order, it previously found that Defendant posed a flight risk.

The court acknowledges the overwhelming support that Defendant’s community has provided during the trial and the instant proceeding. The court also recognizes that Defendant took great pains to comply with the terms of his pretrial release. The court agrees that Defendant has shown he is committed to his family and to his community. Nevertheless, the court finds that this evidence does not rise to the “clear and convincing” level necessary to show that he is “not likely to flee [. . .] if released under [§] 3142(b) or(c).” 18 U.S.C. § 3143(a). Accordingly, the court shall grant the Motion.

Rubashkin’s defense team has pledged to appeal the fraud and money laundering convictions. It is unknown at this time, however, if they will also appeal this detention order.

Sholom Rubashkin, who was recently found guilty of 86 charges related to money laundering and fraud in connection with the raid, was set to go back on trial Dec. 2 in Sioux Falls, S.D. on the immigration offenses.

The order for dismissal by Reade follows a request by federal prosecutors filed early Thursday morning.

According to the government’s calculation of the sentencing guidelines, due in large part to the amount of loss associated with defendant’s fraud and false statement convictions, any convictions with regard to Counts 1 through 72 would be entirely eclipsed by defendant’s recommended guideline sentence on the counts for which he has already been convicted. This is not to minimize the importance of those counts, but at least for the purposes of the advisory sentencing guideline range, any convictions on Counts 1 through 72 would have no impact upon defendant’s sentence. However, any evidence of immigration violations would be relevant conduct that the Court could consider at sentencing even without a second trial.

In the government’s estimation, now that defendant has been convicted on the most serious offenses charged in the pending indictment (in terms of potential penalties), and given that a jury has determined defendant committed crimes by making false statements about the harboring of undocumented aliens at Agriprocessors, Inc., and his knowledge of undocumented workers at Agriprocessors, Inc., dismissal without prejudice of Counts 1 through 72 and the forfeiture allegation is the most appropriate and efficient manner in which to proceed in this case. Dismissal will avoid an extended and expensive trial, conserve limited judicial and prosecutorial resources, and lessen the inconvenience to witnesses. The public interest has been substantially served because of the convictions and jury findings noted above. The government asks that such dismissal be without prejudice so criminal charges and the forfeiture allegation could be reinitiated based upon a change in circumstances or a reevaluation of present
circumstances.

According to documents filed with the court, Rubashkin’s legal team had no objection to dismissal of the charges.

Prosecutors also noted in their motion to dismiss that the current financial condition of Agriprocessors, Inc. as a company “and the fact that it is an empty shell” were justifiable reasons for not pursuing possible forfeiture charges.

Rubashkin, 50, and other senior members of the Agriprocessors management and executive team still face a state trail, currently scheduled to begin next spring, on alleged violation of child labor laws.

Currently, Rubashkin is being held by federal authorities, pending a decision in a bail hearing held Wednesday.

Sholom M. Rubashkin

Rubashkin, who is the 50-year-old son of Agriprocessors founder and president A. Aaron Rubashkin, was convicted of all possible money laundering and mail, wire and bank fraud charges. He was also convicted on 15 out of 20 counts of failing to provide timely pay to livestock auctions and providers.

The verdict followed nearly a month of testimony and evidence in which the government sought to paint Rubashkin as one, if not the, mastermind in a plot to defraud creditors. The defense team, in contrast, chose to portray Rubashkin as inexperienced, naive and unprepared to serve as day-to-day manager for such a large undertaking as the kosher meatpacking plant in Postville.

Following the lengthy reading of the verdict, Rubashkin was taken into federal custody, and his defense attorney, Guy Cook, pledged to appeal. Rubashkin is expected to return to eastern Iowa next week for sentencing and a possible bail hearing pending appeal. He faces a maximum sentence of more than 1,000 years in prison for the guilty verdicts.

An early December trial has been slated for an additional 72 federal immigration-related charges against Rubashkin, and he also faces a trial in state court this spring for possible child labor law violations.

All of the charges stem back to a massive May 12, 2008 immigration raid at the Postville facility. More than 300 immigrant workers detained by federal authorities pleaded guilty to criminal charges related to identity theft within days of their apprehension, and the bulk have been deported after serving brief federal prison sentences. Some immigrant workers, however, continue to live in and around Postville and are expected to be called by the prosecution in the upcoming trial.

The road between the actual raid and the federal trial in Sioux Falls, S.D., was long and has often wound its way through traditionally uncomfortable conversations for Americans regarding immigration, civil rights, religious expression and the composition and worth of charity.

The Rubashkin family, all ultra-orthodox Jews affiliated with the Hasidic Chabad Lubavitch movement, have at times suggested that the charges against them stem not from any alleged illegal activity, but from anti-Semitism. Throughout the investigation, and especially following the initial arrest and jailing of Sholom Rubashkin, many of the Jewish religious faithful, either through their own conscience or through the prodding and help of Chabad, have defended the Rubashkins from wrongdoing and stood as character witnesses for the family’s contributions.

Both inside and outside of Jewish circles, however, the Rubashkins have drawn criticism, many believing that generosity was born of ill-gotten-gains, harvested on the back of an underpaid and often mistreated immigrant workforce. Media reports, which prompted the move of the trials from Iowa to South Dakota, have given supposed victims of child labor and sexual harassment at the Postville plant a voice.

The company known as Agriprocessors fell into bankruptcy last year, and has re-emerged as AgriStar under the new ownership of SHF Industries, a venture of Canadian businessman Hershey Friedman. Heshy Rubaskin, brother to Sholom and son of Aaron, continues to work at the reborn business.

At least six former members of plant management or the human resources department have pleaded guilty in the wake of the 2008 immigration raid:

April 13, 2009 — Elizabeth Billmeyer, 48 and the former human resources manager, pleaded guilty to one count of conspiracy to harbor undocumented aliens for profit and one count of knowingly accepting false resident alien cards.

March 19, 2009 — Penny Ann Hanson, 41 and a former human resources employee, pleaded guilty to conspiracy to make false statements on immigration documents.

Dec. 10, 2008 — Karina Pilar Freund, 29 and a former human resources employee, pleaded guilty to one misdemeanor count of aiding and abetting a pattern or practice of hiring undocumented aliens.

Oct. 29, 2008 — Laura Althouse, 38 and a former human resources employee, pleaded guilty to one count of conspiracy to harbor undocumented aliens and one count of aggravated identity theft.

Aug. 27, 2008 — Martin De La Rosa-Loera, 43 and a former plant supervisor, pleaded guilty to one count of aiding and abetting the harboring of undocumented aliens.

Aug. 20, 2008 — Juan Carlos Guerrero-Espinoza, 35 and a former plant supervisor, pleaded guilty to one count of conspiracy to hire illegal aliens and one count of aiding and abetting the hiring of illegal aliens.

Former plant operations manager Brent Beebe, 51, will soon be tried on immigration-related charges in federal court. Two additional plant managers — Hosam Amara and Zeev Levi — also face criminal charges, but have yet to be apprehended by authorities.

Stephanie Rose

A social justice organization has taken a stand against the woman nominated to be the next U.S. attorney for the Northern District of Iowa.

Friends of Justice issued a statement Wednesday describing the nomination of Stephanie Rose for U.S. attorney as “just plain wrong.”

Rose, who has worked in the office since 1997 and currently serves as the deputy criminal chief, is tainted, according to the organization, due to her involvement in the prosecutions of hundreds of immigrants following a massive raid of the Agriprocessors meatpacking plant in Postville in 2008.

…Rose helped execute the unprecedented use of expedited trials and exploding plea agreements to convict 306 undocumented workers at the Postville. At the time of the Postville Prosecutions, Rose was not a low ranking member of the office but was in a leadership position as third in charge in the office for criminal prosecutions. Earlier this year, Stephanie Rose was asked about her role at Postville. Even in hindsight, she defended the raid and prosecutions saying “executing the massive operation required amazing effort and a ton of good work.”

… We find it impossible to understand what grounds Ms Rose and her colleagues had for choosing to exercise their prosecutorial discretion in this case with such aggression and lack of respect for due process, other than the requirements of their own ambition. They brought the full force of the USA office to bear on the most vulnerable members of a community with full knowledge that the U.S. Department of Labor was conducting an ongoing investigation of child-labor and wage violations at the plant where these same workers were being victimized…

It is criticism that U.S. Sen. Tom Harkin, who recommended Rose for the nomination, has heard and answered previously.

“We looked into this in great detail [while considering the recommendation of Rose for the U.S. attorney post],” Harkin told The Iowa Independent in April. “We contacted lawyers that were involved on the defense side during the hearings in Waterloo. The lawyers, who provided defense during that event, have come out with a letter in support of Rose’s nomination.”

The letter referenced by Harkin was signed by 11 defense attorneys who agreed that Rose took no part in the decisions to conduct the immigration raid in Postville or to fast-track the immigrant workers who were detained as a part of the raid.

…She did not make the decision to fast track these cases, nor did she have any part in how the individuals were to be housed. In addition, she did not make the decision regarding what charges were to be brought against these individuals. With the limited discretion that she had regarding the circumstances and particularly the plea agreements, Ms. Rose exercised her judgment admirably and very favorably to defendants.

Any criticism about Stephanie Rose apparently comes from those who have never had a criminal case with her, and instead represent a blanket disagreement with the Immigration policies and statutes of the United States.

Dr. Erik Camayd-Freixas, a federal court interpreter who wrote an explosive essay condemning the handling of the prosecutions resulting from the Postville raid, vehemently disagrees with the defense lawyers who signed the letter in support of Rose.

He provided a brief to the U.S. Senate Judiciary Committee on Wednesday stating that the “Postville defense attorneys who sent a letter of support for AUSA Rose to Senator Harkin, who recommended her, have no specific knowledge of Rose’s participation in confidential decisions of the U.S. Attorney’s Office, and are not in a position to vouch for her as though there had been no problems with the proceedings or their participation in the defense.”

Camayd-Freixas asserts that the defense attorneys who signed onto the letter were “severely criticized nationally by their colleagues for ineffective assistance of counsel, including taking on an average 17 defendants each, failing to provide accurate advice on immigration consequences, and failing to protect the human and due process rights of their clients.”

In his brief, Camayd-Freixas does fail to note that much of the criticism in the wake of the Postville raid and prosecutions was sparked by and nearly without fail reference his own published essay regarding what transpired and his theories as to why. Camayd-Freixas also pulls information from a wide variety of sources, including congressional testimony, to make his case that Rose’s involvement in the fast-track prosecutions was much more integral than has been described and that the overall process was one that usurped due process in favor of expediency.

Although President Obama has accepted Harkin’s recommendation and placed Rose on the nomination list, the Senate Judiciary Committee has not yet scheduled a hearing on her nomination. When the committee does take up the nomination, U.S. Sen. Chuck Grassley will be involved as a member with seniority.

The U.S. Attorney’s Office for the Northern District of Iowa continues to be led by Matt Dummermuth, a man on the fringe of the national U.S. Attorney scandal who was nominated by then-President George W. Bush, but has never faced Senate confirmation.

Editor’s Note: An earlier version of this blog post incorrectly attributed a statement made about U.S. attorney nominee Stephanie Rose to a southern justice organization called Friends of Justice. A different organization also calling themselves Friends of Justice issued the statement on Wednesday night, not the nonprofit group organized in the wake of a 1999 Tulia drug sting in Texas, which denies it made the statement.

Rubashkin, the former day-to-day executive at the Agriprocessors meatpacking plant in Postville, recently had his federal trial moved from Iowa to Sioux Falls, S.D. in an effort to mitigate jury tainting due to excessive media coverage. He faces a host of immigration-related and fraud charges that stem from a May 2008 immigration raid at the Agriprocessors plant. On Thursday, a half-page advertisement ran on page 5 of The Des Moines Register that was paid for by “Friends of Sholom Rubashkin” using a Brooklyn, N.Y., address. It was a move which caught the ire of federal prosecutors as well as the judge who agreed to move the trial from Iowa to South Dakota to mitigate pre-trial publicity.

A half-page ad that ran Thursday in The Des Moines Register, linked to members of the Rubashkin family, has not appeared in Sioux Falls media where the trial of Sholom Rubashkin is scheduled to begin this month.

Chief Judge Linda R. Reade, according to The Gazette, said that if such an advertisement ran in the similarly Gannett-owned Sioux Falls newspaper, that she was “going to hit the roof.”

Guy Cook, defense attorney for Rubashkin, told the court that he was not aware of the advertisement and that it didn’t stem from the council of rabbis who are providing defense funding for his client. The address used in the advertisement, however, is also used by Rite Surgical Supplies, a company that has ties to the Rubashkin family. Levi Balkany, a grandson of Agriprocessors founder A. Aaron Rubashkin and nephew of Sholom M. Rubashkin, listed himself as vice president of Rite Surgical Supplies on forms required by the Federal Elections Commission by those who make political contributions.

Levi Balkany is the son of one of Aaron Rubashkin’s daughters and Milton Balkany, a Rabbi who was charged in 2003 with misappropriation of nearly $1 million in federal grant money intended for disabled students at a Jewish school. After Milton Balkany apologized and made restitution, he did not face prosecution. Milton Balkany has also been referred to as the “Brooklyn bundler” for his ability to gather and bundle numerous campaign donations (many from Rubashkin family members) for primarily Republican candidates, in exchange for consideration of issues important for Orthodox Jewish institutions. Part of the federal deal for deferring prosecution on the grant money was that Balkany would be barred from lobbying the U.S. Bureau of Prisons, although federal prosecutors declined to elaborate on why this particular activity was of importance.

Levi Balkany is one of 16 individuals, members of the Chabad Jewish Community in Brooklyn, that were named in December 2008 to “The Committee of Concerned Anash for Pidyon Shevuyim,” a group organized to create a top-notch legal team for Sholom Rubashkin and to mount a donation and public relations campaign on his behalf.

In a press release the committee said that they want “the public to know they are the official group to assist and aid the Rubashkins, endorsed by the family” and that they have “years of experience in dealing with pidyon shevuyim (prisoner of war) cases.”

Although the committee’s efforts have been prominent in Jewish circles, the half-page ad in Iowa is one of the few times the group has sought to sway overall public sentiment regarding the case. Weekday reach of The Des Moines Register into the Sioux Falls area is roughly 3,500 households, according to a company spokesperson.

Judge Reade, citing media accounts that prohibited seating an impartial jury in the case, decided in August to move the upcoming trial from Iowa to South Dakota. At that time, the court warned prosecutors and defense attorneys about tainting the Sioux Falls media prior to the start of the trial, which is scheduled for Oct. 10.

Defense attorneys during a pretrial hearing in Cedar Rapids on Thursday argued that prosecutors had already dismissed the court’s warning by sending out press releases announcing the guilty plea of Mitchel Meltzer, a former chief financial officer at the plant, to numerous press outlets, including those in Sioux Falls. Despite the press releases not being targeted to that specific media market, Judge Reade nonetheless admonished the prosecuting team.

Reporters covering the case in Sioux Falls, according to Reade, will not be allowed any access to immediate story filing through blogs or social networking sites like twitter. Laptops and cellphones will be barred.

A Moving Video of the Daughter of Sholom Rubashkin from Zalman Tevel on Vimeo.

The video, along with a link to a donation page run by the National Committee for Furtherance of Jewish Education, reminds members of the Jewish community that “Pidyon Shvuyim is one of the greatest mitzvos possible.” Pidyon Shvuyim is the doctrine that commands Jews to redeem captives, which, according to the Jewish law called the Mishneh Torah, “takes precedence over supporting the poor or clothing them.”  This belief is further explained in the Yoreh Dei’ah, Chapter 252, which states: “Ransoming Captives takes precedence over feeding and clothing the poor, and no mitzvah is as great as ransoming captives. Therefore, any money which is collected, even for a religious purpose, may be diverted to ransom captives even if it is raised for the purpose of building a synagogue…”

While non-Jewish readers may not understand the significance of “ransoming captives,” it has been a very real and unfortunate part of Jewish history. The first likely incident was highlighted in the Bible when Lot, nephew of Abraham, was taken captive during the battle between Mesopotamian and Canaanite kings. Enemies and rogues learned that taking Jews captive could be very lucrative since the community was mandated and bound by law to pay the ransom. Historically, then, Pidyon Shvuyim has been used to gather or collect funds for the release of prisoners of war or others being held hostage against their will.

According to information published by Shmarya Rosenberg at Failed Messiah, the pledge drive for the legal fund appears to be a continuance of a prayer vigil and other activities for the benefit of the Rubashkin family. Rosenberg notes that there is no way to designate specific purposes of Pidyon Shvuyim funds donated via the site, and that all donated funds will be placed in the Rubashkin legal defense fund.

“It has been a very challenging year for us,” Weiss notes in the video as photos of her father in custody are shown. She also notes that the situation has been an opportunity for the family to renew their faith.

“Now, a few days before Yom Kippur, I ask you to please open your hearts and help my father who never turned anyone down,” she says. “The lawyers estimate that from now until the end of trial it cost about $500,000.”

Yom Kippur, the Jewish Day of Atonement, begins at sundown on Sunday, Sept. 27, and ends at nightfall on Monday, Sept. 28. It is considered the holiest of holy days of the Jewish year.

Sholom Rubashkin served as the day-to-day manager at the Agriprocessors plant in Postville at the time of a massive immigration raid that resulted in 389 plant workers, most Guatemalan or Mexican, being detained by federal authorities. He was taken into custody by federal authorities in the fall of 2008, and is currently facing a litany of charges ranging from bank fraud to immigration-related offenses. Chief Judge Linda R. Reade ruled last month that due to negative media, Rubashkin could not receive a fair trial in Iowa and moved the proceedings to Sioux Falls, S.D. The trial is set to begin on Oct. 10.

Rubashkin and his legal team have launched a law suit against the federal government, citing that officials with Immigration and Customs Enforcement did not provide a response to a Freedom of Information Act request. Rubashkin asked the government to provide any and all documentation in relation to the May 2008 raid in Postville, which led to the 163 charges he now faces.

Rubashkin and several other members of plant management, including his father, A. Aaron Rubashkin, who resides in Brooklyn, N.Y. and founded the company, also face several thousand state charges of alleged child-labor law violations.

The plant, which has emerged from bankruptcy proceedings, is now organized with a new name, Agri-Star, and is under new management. It continues to operate in Postville.

Jewish Community Action, an organization that has remained involved in Postville in the wake of the May 2008 immigration raid at the plant, has developed a home-printed card to be sent to Daniel Hirsch of Agri Star for the Jewish New Year.

Rosh Hashanah signals a fresh start.

With it, may this year be filled with health and happiness for your company, for the workers at Agri Star, for the town of Postville, for consumers, and for the broader community.

In the spirit of new beginnings, we hope you will accept a meeting with the Postville Community Benefits Alliance to develop an agreement that will ensure:

• the health and safety of the workforce
• strong and open lines of communication with the town
• much business success, and
• renewed consumer confidence

L’shanah tovah tikatev v’taihatem

May you be inscribed and sealed in the Book of Life for a good year.

The card, which when folded is pre-addressed to Agri Star in Postville, is intended to be mailed prior to Sukkot, which is in early October.

“As the Jewish community prepares for the holiest of days of the year — a time for reflection, renewal and fresh starts — we invite you to join us in expressing our hopes for improved conditions and better practices under the new owners’ leadership,” Jewish Community Action notes in a prepared statement.

The Postville Community Benefits Alliance is comprised of several groups within and outside of the immediate community. Representatives from local religious congregations, various civic organizations and larger interested parties, including Jewish Community Action, play a role. It was formed in hopes that with better communication mistakes of the past will not repeat themselves.

The Agriprocessors meatpacking plant was the site of one of the nation’s largest single-site immigration enforcement efforts. A total of 389 workers, most from Guatemala and Mexico, were detained by federal authorities. Most faced criminal prosecution for identity theft-related charges and served five months in federal prison prior to deportation to their home countries.

The Agriprocessors plant was owned and operated by the Rubashkin family. The company founder was A. Aaron Rubashkin of Brooklyn, N.Y., and two of his sons, Sholom M. Rubashkin and Tzvi “Heshy” Rubashkin, lived in Postville and oversaw the plant operations on a day-to-day basis. The plant never fully recovered after the May 2008 raid. Shortly after Sholom was arrested by federal authorities in November 2008 on immigration-related charges, the company filed bankruptcy.

The physical plant and most of the fully owned equipment within was purchased by SHF Industries, run by chief executive Daniel Hirsh, and the company has been reborn as Agri Star.

Federal charges against Sholom Rubashkin and three other former supervisors remain pending, the trial set to begin on Oct. 13 in Sioux Falls, S.D. Sholom as well as Aaron Rubashkin and other former plant officials also face state charges for alleged violations of child labor laws. That trial is scheduled to begin next year.

The trial, currently scheduled for Oct. 10, involves immigration- and fraud-related charges against Sholom Rubashkin, son of company founder A. Aaron Rubashkin, and three additional supervisors — Brent Bebee, Hosam Amara and Zeev Levi.

The charges stem from a massive immigration raid and follow-up investigation at the Agriprocessors meatpacking plant in Postville. A total of 389 workers, most from either Guatemala or Mexico, were detained and charged by federal authorities with immigration-related offenses.

Reade had twice denied a change of venue request, but had left open the opportunity for defense attorneys to refile the request in the weeks before trial was scheduled to begin. The thought was that public sentiment that might have been impacted by media reports could be better measured at a time closer to the trial date.

In order to determine public sentiment, more than 500 random eastern Iowans were surveyed. Upon reading, Reade determined the survey responses “demonstrate that the prodigious amount of negative pretrial publicity has caused the vast majority of potential jurors to develop and maintain a pervasive, strong bias against Defendants Rubashkin and Agriprocessors.”

“Based on the court’s analysis of the juror questionnaires, this bias would directly impact the ability of nearly all of the potential jurors to set aside their biases and decide the case based only on the evidence presented at trial,” Reade wrote in the order. “As a result, the court finds that the pretrial publicity in the community is so extensive and inflammatory that it raises a presumption that an impartial jury could not be seated in the Northern District of Iowa in October of 2009.”

Reade also states that she chose the Southern District of South Dakota (Sioux Falls) because “there has been only minimal publicity surrounding Agriprocessors and the instant action in that district” and also because the area is roughly the same size as the Cedar Rapids region. Reade closed her order with a reminder to counsel to refrain from speaking with the press, particularly publications in or around Sioux Falls.

The South Dakota location is convenient to the Northern District of Iowa given its proximity to court facilities in Sioux City, just 90 miles from Sioux Falls. It remains unclear, however, how convenient it will be for individuals in and around Postville who had planned to attend the trial.

It is also worth noting that although Rubashkin and his counsel argued for the change of venue, both the prosecution and counsel for Bebee resisted the change. Levi and Amara remain at large and took no part in the proceedings.

Rubashkin and several other members of plant management, including his father who resides in Brooklyn, N.Y., also face several thousand state charges of alleged child-labor law violations.

In the interim, Reade will decide if the jury pool is too tainted to hold proceedings in Cedar Rapids and if the trial should be moved to a neighboring state.  Although Cedar Rapids is roughly 100 miles from Postville by car, defense attorneys for former day-to-day executive Sholom Rubashkin have argued that any location in Iowa is unacceptable due to media reports regarding the raid and subsequent arrests, an editorial written by Gov. Chet Culver and an additional case that alleges child-labor law offenses that has been brought by the state.

Rubashkin and three additional former supervisors — Brent Beebe, Hosam Amara and Zeev Levi — have all entered not guilty pleas in connection with the myriad of federal immigration-related and fraud charges that have been brought against them by federal authorities. Amara and Levi, who are believed to have fled to Israel, have not yet been taken into custody.

In addition to the change of venue, Rubashkin has also petitioned the court to dismiss all 163 federal counts against him due to “abuses of the grand jury process.”

Reade said she anticipates making a ruling “within days.”

Agriprocessors, the meatpacking plant owned and operated by the Rubashkin family that was the site of an Immigration and Customs Enforcement action in May 2008 in which 389 workers were detained, has been removed from indictment by federal prosecutors. Following a bankruptcy sale, the plant is now under new ownership.

The 15-minute documentary, produced by Mexico City-based Greg Brosnan and Jennifer Szymaszek, follows deported Guatemalans from Postville back to their home country and provides insights as to why they chose to illegally enter the U.S.

More than 200 of those detained are thought to be from El Rosario and San Jose Calderas, two villages just a few minutes apart in Guatemala’s poverty stricken western highlands. The money they were sending back to their relatives had mostly sustained both villages. Now these breadwinners were either in jail or under house arrest in Postville, and awaiting deportation.

The raid had severed an economic lifeline linking the heart of the United States to one of the poorest corners of the Western Hemisphere, with an impact that had far-reaching consequences.