The case for murder and RICO indictments against Stewart Parnell

by: DarrellNC

Tue Feb 17, 2009 at 07:12:31 AM PST

We already know that Stewart Parnell better have a lawyer on speed dial for his (in the words of Rosa DeLauro) "reprehensible and criminal" behavior.  A lot of people have suggested--quite rightly, in my view--that he is guilty of second-degree murder, or at the very least, manslaughter.  It's my considered opinion that this is second-degree murder--an important distinction, because this means Parnell could face RICO charges at both the criminal and civil level.

Based on what we know so far, Parnell's behavior, not just in the events immediately before the salmonella outbreak, but for several years, are the very definition of second-degree murder.  In order to prove second-degree murder, you have to prove that the defendant acted with reckless disregard and indifference for human life.  You need only look at the emails Parnell sent out ordering the shipping of tainted material.  If ordering products to be shipped which you know contain salmonella doesn't constitute reckless disregard and indifference for human life, what does?

But even more damningly, we got proof on yesterday's Good Morning America that Parnell knew there were unsanitary conditions at one of his plants and failed to clean it up.

Kenneth Kendrick said in an exclusive interview today with "Good Morning America" that when he worked at the Texas plant in 2006, he told Parnell about a rodent infestation and a leaky roof.

"Water, particularly anything leaking off a roof, and this is where things get a little disgusting, is there's bird feces washing in," Kendrick said on "GMA."
[snip]
Kendrick said Parnell would not provide money to fix problems and unsanitary conditions.

"The owner wouldn't give us the money to do what we needed to do. The funds were not there," Kendrick said.

Kendrick said the issue of sick customers never came up. "I don't know if he [Parnell] even thought about it," he said. "The concern for Mr. Parnell was the money issues." (emphasis mine)

So Parnell wasn't concerned about sanitation or health issues.  Nope, it was all about the money.  And considering how long he's been in the peanut industry, there's no way in the world he couldn't have known he was potentially shipping out products contaminated with salmonella.  Again, I ask--if this isn't reckless disregard and indifference for human life, what is?  Given this, one can only hope some DA in a county where people have either been sickened or died decides to ring up Parnell for second-degree murder.

Now if a second DA were to also charge Parnell with second-degree murder, you'd meet one of the basic criteria for RICO.  There are several great things about this.  Parnell would have to put up a performance bond equivalent to the amount the government wants forfeited.  Also, the government can seize all "ill-gotten gains" acquired through a pattern of racketeering activity.  And since it's clear beyond all doubt that Parnell knowingly created the conditions that led to nine people (so far) dying and hundreds more being sickened, it would be pretty easy to find Peanut Corp. was a "racketeering enterprise"--and therefore, the government can take everything Parnell ever acquired through operating it.

But most importantly, those who have been sickened can sue Parnell under the civil RICO component for triple damages.  And he won't be able to hide behind bankruptcy either.  Bankruptcy law allows unsecured creditors--in this case--those who got sick and their families--to file claims if the debt was caused by "willful and malicious injury" to them.  We've already proven Parnell willfully shipped out products containing salmonella, so to my mind that's the end of the ballgame.

As I see it, all we need is for two ballsy DAs to ring up Parnell for second-degree murder.  That would open the door for a ballsy U.S. attorney to then follow suit and charge Parnell with racketeering.  Granted, this would more than likely result in Parnell pleading guilty to lesser charges.  But it would be nice to see him have to pay several times more in legal expenses than he would have had to pay to get off his carcass and clean up his plants.