AUSTIN – At the request of the Justice Department panel hearing the case, a trial judge dismissed one of seven charges against the former president of Blue Bell Ice Cream.
Federal Judge Robert Pittman dismissed Section 6 of the indictment and dismissed the allegations in paragraph 43 of the allegation.
“The United States of America, through its attorneys, respectfully moves the court to order an order dismissing Item 6 of the indictment,” the DOJ motion said. “The United States also moves the court to order a strike against the charges related to Item 6 in paragraph 43 of the indictment.”
Justice Department trial lawyers said: “This motion is for justice and at the request of the Federal Reserve. 48(a). The motion is accompanied by a redacted indictment.”
Item 6 concerns Blue Bell employees issued to Maryland dealers , the dealer asked about the closure of Blue Bell’s Broken Arrow production facility in OK. Responses did not fully disclose Listeria contamination.
The ruling stated: “In consideration of the motion filed by the United States to dismiss Item 6 and strike the allegations in paragraph 43, and after reviewing the records of this case, the Court hereby orders granting This motion, and further orders that Item 6 of the Indictment in the above case be dismissed and that Item 43 of Indictment No. 6 related to Item 6 be struck down.”
Elected by Mundy The jury still has to decide on five counts of fraud and one count of conspiracy.
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