Does a company’s sanitary record figure into its possible criminal conduct when involved in an outbreak of foodborne illness?
That question is being disputed during the pre-trial stage of the United States v. Paul Kruse. Pre-trial motions are scheduled for July 22 in the Texas Western District court in Austin.
Kruse, 67, is the retired president of Blue Bell ice cream, the iconic Texas brand that in 2015 was at the center of a deadline listeriosis outbreak. As they approach the Aug.1 trial date for the start of the federal criminal trial that will decide his guilt or innocence, Kruse’s defense attorneys have moved to exclude sanitary issues from jury review.
The defense team, Chris Flood of House and John Cline of Seattle, have moved to strike sanitation issues from the indictment, thereby preventing that information from ever going to the jury.
The four government prosecutors assigned to the case oppose the defense motion. “Because the allegations regarding sanitation issues are material and relevant to the defendant’s scheme to defraud Blue Bell Creameries, L.P. (Blue Bell) customers, the motion should be denied,” government attorneys say.
Tara M. Shinnick, Matthew Lash, Patrick H. Hearn, and Kathryn A. Schmidt are the four attorneys assigned to represent the government. All four are from the U.S. Department of Justice Consumer Protection Branch.
Kruse was indicted in 2020 for one count of conspiracy and six counts of wire fraud. He pleaded not guilty to the charges.
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