AUSTIN — Timeline played a starring role in the opening arguments of the jury trial in United States v. Paul Kruse.
Justice Department Attorney Matthew Lash defended the prosecution and Houston defense attorney Chris Flood opened the trial. Taken together, they recommend that food companies can fully cooperate with the FDA and state agencies during investigations, but still face conspiracy and fraud charges if they do not fully respond to possible public investigations.
Lash and Flood each spoke for about 30 minutes, directing their remarks to the newly appointed West Texas jury, which included four alternates of 12 men and four women.
“This case is about profits, before people’s profits,” Rush said, just as Justice Robert Pittman said: “The trial begins now.”
Rush said defendant Paul Cruise was the grandson of the founder of the iconic Texas Ice. Cream brand Blue Bell was driven only by money during the 2015 listeriosis crisis.
Cruise was sending his company’s 1,000 sales delivery trucks to pick up ‘Country Biscuits’ and ‘The Great Divide'” South Carolina testing for Listeria, according to Lash of products are being deceived.
N Drivers or customers who inquired were informed of Listeria in the early stages of the outbreak. Most were informed of mechanical issues and the need for testing.
The government charge covers approximately 60 days from February 2015 to April 2015. This period is prior to Blue Bell recalling all products and discontinuing production in Texas, Oklahoma and Ala Factory in Bama.
Lash explains government conspiracy and fraud charges against Kruse. “Paul Kruse didn’t have to send these emails in person,” Lash said,
Flood countered: “Hindsight is always 2020. Flood said none of Cruise’s decision hurt anyone. He said Blue Bell fully disclosed it on the FDA’s Reportable Foods Registry within four and a half hours of first learning about the issue, he said.
Flood says the government is “picking” its evidence and warning jurors about how past hygiene issues might be handled. He says the truth is that Blue Bell has a long history of passing state, FDA and independent audits.
Blue Bell was founded in 1907 and didn’t recall until the crisis of 2015. “It begs the question, why are we here,” Flood asked the jury.
As the trial opened, the court disclosed two pre-trial agreements as pre-trial “agreements.”
“These provisions are intended to narrow the scope of issues in this trial and promote judicial economy, but both parties The right to call witnesses to explain or testify on any material mentioned in this case is reserved. “The most extensive protocol is about testing. In part:
” On or about January 29, 2015, the South Carolina Department of Health and Environmental Control (“South Carolina”) collected Of the ten Blue Bell Creameries products, three are made on Gram machines at the company’s Brenham factory. On or about February 12, 2015, tests in South Carolina showed the presence of Listeria monocytogenes in two products produced on Gram machines : Blue Bell Creameries “Country Cookie” and “The Great Divide.” Almond bars produced on the Gram machine and seven other products tested negative for Listeria monocytogenes . Products that tested negative for Fick Machine Blue Bell Creameries are: Cookies N’Cream Country Cone, Mini Party Cone, Sundae Cup, Lowfat Strawberry Yogurt Cup, Mocha Marzipan, Pecan Pralines N’Cream, And Krunch Vanilla IC Bars. Test results reportedly did not specify the amount of Listeria monocytogenes in the product. There is no dispute between the parties on the accuracy of the test results.
“On or about February 17, 2015, South Carolina completed testing of additional samples of Blue Bell Creameries’ Country Cookie and Great Divide Bar. Test results showed two Listeria monocytogenes was present in all samples of the product. Test results reportedly did not specify the presence of L. monocytogenes in the product ) . The parties did not dispute the accuracy of the test results.
On or about February 25, 2015, the Texas Department of Health Services completed a Testing of various Blue Bell Creameries products manufactured at Blue Bell’s Brenham facility, collected on February 17, 2015. Test results showed the presence of L. monocytogenes in the following Blue Bell Creameries Gram machine product: “Country Cookie” , “Great Divide Bar” and “Scoops”. Test results show no Listeria monocytogenes in these other Gram machine products: Almond Bars, Malate Soda , vanilla tablets and marshmallow sticks. Test results also showed no Listeria monocytogenes in these non-Gram machine products: Mooo Bars, Mix 4000, Mix 5000, Homemade Herbs and All American Cups. Test results reportedly did not specify the amount of Listeria monocytogenes in the product. There is no agreement between the parties as to the accuracy of the test results Controversy.
“On or about March 6, 2015, the Centers for Disease Control and Prevention (“CDC”) completed analysis of samples from certain patients at Via Christi Hospital and samples from Blue Bell Creameries Scoop product. Analysis of tests has shown the presence of a matched strain of Listeria monocytogenes in some patient samples and Blue Bell Creameries Scoops products. There is no dispute between the two parties on the accuracy of the test analysis results.
“Between January 2014 and January 2015, five patients admitted to Via Christi Hospital for cancer and other illnesses contracted listeriosis while in hospital. Listeriosis is a Diseases that a person may contract after eating foods containing Listeria monocytogenes . CDC reports on four of five patients with monocytosis Analysis of Listeria strains and Listeria monocytogenes strains found in Blue Bell Creameries Scoops ice cream products Four of the five patients were confirmed to have consumed Blue Bell Creameries Scoops while in hospital. CDC scientists concluded that consumption of Blue Bell Creameries Scoops products caused listeriosis in four of the five patients. After relevant medical records were obtained, a qualified medical professional determined that listeriosis was responsible for the deaths of two of the patients.
” On or about March 22, 2015, Kansas Department of Health and Environment completed tested Blue Bell Creameries products removed from Via Christi Hospital in Wichita, Kansas. Testing has shown the presence of Listeria monocytogenes in samples of Blue Bell Creameries’ three-ounce chocolate-label lidded ice cream product. The test results reportedly did not specify the amount of Listeria monocytogenes in the product. There is no dispute between the parties on the accuracy of the test results.
On or about March 30, 2015, a third-party laboratory contracted by Blue Bell Creameries completed testing samples of Blue Bell Creameries Rainbow Sherbet quart product that had not left Blue Bell distribution facilities. Testing has shown the presence of Listeria monocytogenes in Blue Bell Creameries Rainbow Sherbet quart samples. The test results reportedly did not specify the amount of Listeria monocytogenes in the product. The two parties did not dispute the accuracy of the test results.
“On or about April 6, 2015, FDA completed testing of Blue Bell Creameries Banana Pudding Ice Cream products. Testing revealed Listeria monocytogenes in samples of Blue Bell Creameries Banana Pudding Ice Cream products. Bacteria . Test results reportedly did not specify the amount of Listeria monocytogenes in the product. Both parties There is no dispute as to the accuracy of the test results.
Notwithstanding these provisions, the parties reserve the right to object to the acceptability of the above test results.
Shorter The provision clarifies the court’s jurisdiction by accepting that all “email sent or received from an e-mail address with the domain name bluebell.com is routed through an e-mail server located in the Western District of Texas.”
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