Rubashkin child labor trial continues, but is called off until Friday after Rubashkin is hospitalized for infection

by Sharon Drahn
Postville Herald

Mark Spangler, a former night shift poultry supervisor at Agriprocessors, Inc. in Postville, took the stand last Wednesday, May 12 during the child labor trial of former manager Sholom Rubashkin. Rubashkin faces 83 misdemeanor child labor charges in district court in Waterloo.
Spangler said it was obvious from the physical features and the child-like mannerisms that the employees in question were minors. He said, “Children at the slaughterhouse  would throw things at each and flirt. It was like walking through a junior high gym.”
Spangler testified that at least half of the workers he supervised on the night shift were minors. Spangler, who has worked in the poultry industry for 18 years, said everyone at the plant could see what he saw and that everyone entered and left by the same set of doors.
Although he now lives in North Carolina, Spangler is serving a short jail term in Clayton County for failure to appear on charges of operating while intoxicated, second offense, and driving with a revoked license.
When questioned by the defense, witnesses were asked why former employees couldn’t remember telling state investigators in 2008 they didn’t think youth worked at the meat packing plant.
Witness Elizandro Ismael Gomez Lopez, 17, said when he arrived in Postville he paid $500 a month to live in a house owned by a rabbi. He said his biggest check was $495 when he worked from 6 a.m. to midnight for a short time. He admitted being happy at Agriprocessors, when asked under cross examination. The defense argued during testimony last week that many of the witnesses have testified in exchange for a visa.
Another witness, Sevlin Godinez, said he worked on an assembly line at Agriprocessors. He was arrested during the raid and brought before a judge with nine other immigrants to plead guilty of working with false documents. The immigrants were charged and had to spend up to five months in prison.
State prosecutors and defense attorneys presented documents that showed the witnesses gave contradictory statements  in an interview  with an immigration advocate. One of the Guatemalan witnesses said she told an immigrant advocate there were many minors in the area. She said the supervisors could tell they were minors because they looked like children.
Another female worker, who is now 20, said when she worked as a minor at the plant her protective frock got caught on  a conveyor belt, which then dragged her hand down the assembly line. A co-worker eventually cut the sleeve of her frock to free her. She continued to work  the remainder of the day and received no medical treatment.
The defense continued to question why so many former workers gave a variety of answers to officials after the raid of May 2008. They have also asked why most of the former workers don’t remember interviews  with state investigators over the same time period.
The judge, Nathan Callahan, said the defense had successfully questioned the credibility of many of the witnesses. He made the statement during a discussion with the defense and prosecution after the jury had left the courtroom.
After a weekend recess, Court was expected to resume Monday morning, May 17. However, it was announced about 9 a.m. Monday that court was cancelled as Sholom Rubashkin was hospitalized at Mercy Medical Center in Cedar Rapids over the weekend for a skin infection. After he woke up Sunday with his arms red, hot and swollen, he was transported to Mercy, where they kept him overnight and administered intravenous antibiotics. Court was expected to resume Friday morning after the hospitalization and a Jewish holiday.