Jury trial begins in fraud and conspiracy trial involving Blue Blue, an iconic Texas brand

AUSTIN — The timeline performed the starring position in the course of the opening arguments on the jury trial of the United States v Paul Kruse.

 Department of Justice lawyer Matthew Lash for the prosecution and Houston protection lawyer Chris Flood opened the trial. Taken collectively, they recommended {that a} meals firm, throughout an investigation, can totally cooperate with FDA and state businesses however nonetheless face conspiracy and fraud fees if it doesn’t reply with thorough responses to public inquiries that will happen.

Lash and Flood every spoke for about half-hour, directing their remarks on the newly impaneled West Texas jury, which incorporates 4 alternates among the many 12 males and 4 ladies.

“This case is about revenue, revenue earlier than individuals,” Lash stated, simply shortly after Judge Robert Pitman stated: “The Trial will now start.”

Lash stated defendant Paul Kruse, grandson of the founding father of the iconic Texas ice cream brand Blue Bell, was motivated solely by cash throughout a 2015 listeriosis outbreak disaster.

Kruse, whereas dispatching his firm’s 1,000 sales-delivery vehicles to select up the “Country Cookie” and “Great Divide Bar” merchandise that South Carolina examined for Listeria, was practising deception, in line with Lash.

Neither the drivers or inquiring prospects had been instructed in regards to the Listeria in the course of the early levels of the outbreak. Most had been instructed a couple of mechanical drawback and the necessity for testing.

The authorities’s fees cowl about 60 days from February to April 2015. The interval precedes Blue Bell’s recall of all its merchandise and shutdown of its manufacturing services in Texas, Oklahoma, and Alabama.

Lash defined the federal government’s conspiracy and fraud fees Kruse is dealing with. “Paul Kruse didn’t must ship out these emails himself,” Lash stated,

Flood countered by saying: “Hindsight is all the time 2020.” Flood stated none of Kruse’s choices harmed anybody. Within 4 and one-half hours of their first realizing about the issue, Blue Bell totally disclosed it on FDA’s Reportable Food Registry, he stated.

Flood stated the federal government is “cherry-picking” its proof and warned jurors about how previous sanitation points could be performed. He stated the reality is Blue Bell has a protracted historical past of passing state, FDA, and unbiased audits.

Blue Bell, based in 1907, didn’t have a recall till the 2015 disaster. “It begs the query, why are we right here,” Flood requested the jury. 

With the trial’s opening, the courtroom disclosed two pre-trial agreements reached as pre-trial “stipulations.” 

 “These stipulations have been agreed upon to slim the problems in this trial and to facilitate judicial economic system, however each events reserve the correct to name witnesses to clarify or testify regarding any of the supplies referenced in this Stipulation Agreement.” The most prolonged settlement is about testing. In half, it says:

“On or about January 29, 2015, the South Carolina Department of Health and Environmental Control (“South Carolina”) collected ten Blue Bell Creameries merchandise, three of which had been manufactured on the Gram machine on the firm’s Brenham facility. On or about February 12, 2015, South Carolina testing confirmed the presence of Listeria monocytogenes in two of the merchandise manufactured on the Gram machine: the Blue Bell Creameries “Country Cookie” and “Great Divide Bar.” Almond Bars, manufactured on the Gram machine, and seven further merchandise examined unfavourable for Listeria monocytogenes. The non-Gram machine Blue Bell Creameries merchandise that examined unfavourable had been: Cookies N’Cream Country Cone, Mini Party Cone, Sundae Cup, Lowfat Strawberry Yogurt Cup, Mocha Almond Fudge, Pecan Pralines N’Cream, and Krunch Vanilla I.C. Bar. As reported, the take a look at outcomes don’t specify the amount of Listeria monocytogenes in the merchandise. The events don’t dispute the accuracy of the take a look at outcomes. 

“On or about February 17, 2015, South Carolina accomplished testing of further samples of Blue Bell Creameries’ “Country Cookie” and “Great Divide Bar.” The take a look at outcomes confirmed the presence of Listeria monocytogenes in the samples of each merchandise. As reported, the take a look at outcomes don’t specify the amount of Listeria monocytogenes in the merchandise. The events don’t dispute the accuracy of the take a look at outcomes.

On or about February 25, 2015, the Texas Department of State Health Services accomplished testing on numerous Blue Bell Creameries merchandise manufactured at Blue Bell’s Brenham facility, which had been collected on February 17, 2015. The take a look at outcomes confirmed the presence of Listeria monocytogenes in the next Blue Bell Creameries Gram machine merchandise: “Country Cookie,” “Great Divide Bar,” and “Scoops.” The take a look at outcomes confirmed no Listeria monocytogenes in these different Gram machine merchandise: Almond Bars, Green Apple Sour Pops, Vanilla Slices, and Cotton Candy Bars. The take a look at outcomes additionally confirmed no Listeria monocytogenes in these non-Gram machine gadgets: Mooo Bars, Mix 4000, Mix 5000, Homemade Vanilla, and All American Cups. As reported, the take a look at outcomes don’t specify the amount of Listeria monocytogenes in the merchandise. The events don’t dispute the accuracy of the take a look at outcomes. 

“On or about March 6, 2015, the Centers for Disease Control and Prevention (“CDC”) accomplished testing analyses on samples taken from sure sufferers at Via Christi Hospital and samples of the Blue Bell Creameries Scoops product. The testing analyses confirmed the presence of matching strains of Listeria monocytogenes in sure affected person samples and the Blue Bell Creameries Scoops product. The events don’t dispute the accuracy of the testing evaluation outcomes. 

“Between January 2014 and January 2015, 5 sufferers admitted to Via Christi Hospital for most cancers and different diseases turned sickened with listeriosis throughout their hospital keep. Listeriosis is the sickness an individual might contract after consuming meals containing Listeria monocytogenes. The CDC’s analyses of the pressure of Listeria monocytogenes in 4 of the 5 sufferers matched the pressure of the Listeria monocytogenes discovered in Blue Bell Creameries Scoops ice cream product. Four of the 5 sufferers had been confirmed to have eaten Blue Bell Creameries Scoops throughout their hospital keep. CDC scientists concluded that consuming the Blue Bell Creameries Scoops product triggered 4 of the 5 sufferers to develop into sickened with listeriosis. After analyzing the related medical information, a professional medical skilled decided that listeriosis contributed to the deaths of two of these sufferers. 

“On or about March 22, 2015, the Kansas Department of Health and Environment accomplished testing on Blue Bell Creameries merchandise faraway from Via Christi Hospital in Wichita, Kansas. The testing confirmed the presence of Listeria monocytogenes in a pattern of a Blue Bell Creameries three-ounce Chocolate Tab Lid Cup ice cream product. As reported, the take a look at outcomes don’t specify the amount of Listeria monocytogenes in the product. The events don’t dispute the accuracy of the take a look at end result. 

On or about March 30, 2015, a third-party laboratory contracted by Blue Bell Creameries accomplished testing on a pattern of the Blue Bell Creameries Rainbow Sherbet quart product that had not left Blue Bell distribution services. The take a look at confirmed the presence of Listeria monocytogenes in a Blue Bell Creameries Rainbow Sherbet quart pattern. As reported, the take a look at outcomes don’t specify the amount of Listeria monocytogenes in the product. The events don’t dispute the accuracy of the take a look at outcomes.

“On or about April 6, 2015, the FDA accomplished testing on the Blue Bell Creameries Banana Pudding ice cream product. The testing confirmed the presence of Listeria monocytogenes in a Blue Bell Creameries Banana Pudding ice cream product pattern. As reported, the take a look at outcomes don’t specify the amount of Listeria monocytogenes in the product. The events don’t dispute the accuracy of the take a look at outcomes.

Notwithstanding these stipulations, the events reserve the correct to object to the admissibility of the foregoing take a look at outcomes.

The shorter stipulation makes the Court’s jurisdiction clear by accepting that each one “emails despatched or acquired from an e mail tackle with the area identify bluebell.com traveled by means of an e mail server situated in the Western District of Texas.”

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