The U.S. Court of Appeals for the 11th Circuit is set to hear back-to-back oral arguments on behalf of Michael and Stewart Parnell.
The brothers, once linked to a deadly Salmonella outbreak blamed on the now-defunct Peanut Corporation of America, are asking for their convictions and sentences to be stayed under federal Habeas Corpus proceedings.
Back-to-back arguments are scheduled for September 26 in Atlanta. A three-judge panel consisting of Chief Judge William H. Pryor Jr., Judge Robert J. Luck and Senior Judge Edward Earl Carnes will hear arguments.
Former President George W. Bush appointed Chief Justice Pryor and Senior Judge Carnes to the 11th Circuit, and former President Donald J. Trump appointed Judge Luck.
Savannah attorney Amy Lee Copeland, representing Stewart Parnell, and Virginia attorney Elliott M. Harding for Michael Barnett will each be given 15 minutes to argue their cases.
Government lawyers who oppose Parnell’s motions will be given equal time.
Stewart Parnell, 70, and Michael Parnell, 65, are federal prisoners at the same federal prison in Butner, NC, known as “Butner Low.” It is a low-security facility for fewer than 1,000 inmates.
The brothers appealed to the 11th Circuit after the Middle District of Georgia, the same court that convicted and sentenced them in 2014, dismissed their claims.
In 2008-2009, the Peanut Corporation of America (PCA) peanut processing plant in Georgia was the source of a multi-state Salmonella outbreak, sickening thousands of people and killing scores. PCA peanut butter and spread subsequently required the recall of thousands of products.
A four-year investigation, led by the FBI, followed and resulted in criminal charges against both Parnell brothers. On February 15, 2013, an Albany, GA jury found Stewart Parnell guilty of all but one of the 68 crimes with which he was charged.
He was convicted of conspiracy, mail and wire fraud, selling misbranded food and introducing adulterated food into interstate commerce. Michael Parnell was also found guilty, but on fewer counts.
At the time of the outbreak, Stewart was the president of PCA, while Michael was involved as a peanut broker.
If they succeed with their Habeas Corpus motions, Stewart Parnell’s sentence could be shaved by fourteen years, and Michael Parnell’s sentence by the remaining seven years.
However, the Motion 2255 procedure is not simple. The appeal procedures are based on a “certificate of possibility of appeal” issued by the court of appeal.
Attorneys for both brothers are expected to argue that their constitutional rights were violated because of ineffective counsel during their 2014 jury trial.
They claim that their trial attorneys should have sought a change of venue, moving the trial from Albany, GA. Improper jury behavior is also alleged because the discussion of the death cases was inappropriate.
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