Oral arguments were heard Thursday morning in Atlanta at the U.S. Court of Appeals for the 11th Circuit.
A three-judge panel heard back-to-back oral arguments on behalf of Michael and Stewart Parnell. The attorneys were each given fifteen minutes to argue their case, and an equal amount of time was given to a government attorney for rebuttals.
The brothers, who were involved in a deadly Salmonella outbreak blamed on the now-defunct Peanut Corporation of America, filed motions for the stay of their convictions and sentences under federal Habeas Corpus proceedings.
The three-judge panel that heard oral arguments included Chief Judge William H. Pryor Jr., Judge Robert J. Luck and Senior Judge Edward Earl Carnes.
Oral arguments, including interruptions when one of the judges wants to make a statement or ask a lawyer a question, becomes quite complex.
Savannah attorney Amy Lee Copeland, representing Stewart Parnell, and Virginia attorney Elliott M. Harding for Michael Parnell tried to use their time to make all their arguments effectively.
The attorneys’ argument is that the Parnells’ constitutional rights were violated because of ineffective counsel during their 2014 jury trial.
They also 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 some jurors knew deaths were involved.
The three-judge panel addressed all of these topics and the precedents that accompanied them.
Stewart Parnell, 70, and Michael Parnell, 65, were absent from oral arguments. Both 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.
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