free counter
Health And Medical

Is Kruse the Bright Line case for the meals safety community or not?

COMMENTARY

The jury is hung. The judge declared a mistrial. The prosecution can try again, nonetheless it isnt required.

We’re able to leave it there. As you famous Texan said, it may be the prudent move to make. But what fun would that be?

Weve been within the USA v. Paul Kruse from the very first time. And we covered the 2015 listeriosis outbreak that the case originates from in real-time.

So my sharing some after-action thoughts ought to be worth the chance. First, our publisher Bill Marler made an important indicate a Reuters reporter. He said there appears to be no particular rhyme or reason prosecutors charge some food executives with felonies, others with misdemeanors, among others with almost nothing.

Thats from the nations top lawyer for foodborne illness victims who has been around the business enterprise for 30 years. If he cannot figure it out, can anyone in the meals industry?

A very important factor the Texas trial had not been was the banality of evilthat has been on display in the 2014 jury trial in Albany, GA, that set aside the Parnell brother for a long period. They knew about deadly pathogens within their peanut products, tested for them, and shipped their products knowing that they had tested positive.

That wasnt the actual fact pattern for the governments case against Paul Kruse, the retired president of Blue Bell Creameries. He wasnt charged with knowingly putting adulterated food into interstate commerce.

Which might be a fantastic spot to say that we now have intelligent lawyers on both sides of america v. Paul Kruse. Kruse was attempting to save his familys company in crisis, but he had not been attempting to poison his customers. Charges were essentially financial, conspiracy, and fraud.

This Texas jury can be worth a word or two. The Western District Court of the federal court system picked the jury in a session from 8: 30 a.m. to 4: 30 p.m.on Aug. 1. From 80 candidates came the 12-member jury with four alternates.

WHEN I watched this proceeding, I was surprised at a couple of things. One was just how many prospective jurors wished to speak to the judge and lawyers privately, and the next was just how many had some opinion they just had to talk about with everybody.

It will have surprised nobody that jury were able to talk among themselves for four days and hung themselves up with 10 favoring the acquittal of Paul Kruse versus two who found him guilty.

Close to the Texas jury, I believe the largest driver of the mistrial was the prosecution witnesses. In the event that you were looking forward to a Perry Mason moment in one of them, you’re likely disappointed.

The prosecution did a fantastic job rounding up upset people because Kruse kept a clamp on the info flow early in the outbreak. These were from institutions like school districts and retailers like Walmart.

Through the cross-examination of the witnesses, defense attorney Chris Flood would ask if that persons constituency school kids or retail customers got sick or if Blue Bell had fully compensated them with credits or cash reimbursements.

Atlanta divorce attorneys case, the prosecution witness would say there is no harm, no foul. Those answers had the result of cutting the legs from beneath the financial circumstance of conspiracy and fraud.

The 1st time the federal government brought this case in 2020, it had been tossed since it was not brought before a Grand Jury. The federal government did obtain the Grand Jury indictment within the 5-year statute of limitations.

The conspiracy and fraud charges trial went 10-to-2 contrary to the governments position. Still, the federal government is entirely within its rights to create Kruse to another jury trial.

For the meals safety community, addititionally there is the bright line case we wish as another standard. Is this it or not?

(To join up for a free of charge subscription to Food Safety News,clickhere)

Read More

Related Articles

Leave a Reply

Your email address will not be published.

Back to top button

Adblock Detected

Please consider supporting us by disabling your ad blocker