Judge decides to delay criminal trial of former Blue Bell president until March 2022

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Judge Robert Pittman has signed an order delaying the Blue Bell ice cream criminal case by four months and six days. The jury selection for the indictment of the retired President of Blue Ball begins March 14, 2022 at 9:00 a.m. in the US District Court of the Western District of Texas in Austin.

The defenders of 66-year-old Paul Kruse requested the delay due to conflicts with other trials and the complex preparation of the Blue Bell trial. Prosecutors did not oppose the continuation.

“The court finds a good reason for this extension,” said Pitman’s decision. The judge stated that “the purpose of justice is achieved by giving the defendant additional time to prepare,” outweighs the best interests of the public and the defendant in a speedy trial. The start of the indictment in 2021 could have denied Kruse’s defense attorneys adequate preparation time, according to court documents.

On November 4, 2020, Kruse made a “not guilty” plea for conspiracy and sixfold fraud.

A federal grand jury for West Texas on October 20, 2020 indicted Kruse for alleged crimes related to Blue Bell Creameries ice cream products during the fatal Listeria outbreak in 2015.

The government first brought the exact same indictment against Kruse on May 1, 2020 without receiving any indictment from the grand jury, only to have the indictment dismissed by the court for lack of jurisdiction.

Federal courts suspended most grand jury cases because of the pandemic in 2020. But Kruse would not waive his right to be charged by a grand jury and force all charges to be dismissed in July 2020.

Prosecutors dismissed the same charges as the grand jury’s indictments on October 20, 2020.

Kruse, a lawyer, retired four years ago as long-time managing director of Blue Bell. The US District Court for West Texas in Austin is hearing the case against him. Kruse is a resident of Brenham, TX, where Blue Bell Creameries is headquartered about 90 miles east of Austin.

As a company, Blue Bell pleaded guilty in a similar case in May of selling adulterated food in violation of federal food, drug and cosmetic law in two cases.

The company agreed to pay a total of $ 17.5 million and $ 2.1 million in criminal penalties to resolve allegations under the False Claims Act of ice cream products made under unsanitary conditions and sent to federal facilities, including the military. The total of $ 19.35 million in fines, forfeitures, and civil settlements was the second largest amount ever paid in solving a food safety issue.

The charges concern Kruse’s role in the 2015 Listeria outbreak, which was the source of Blue Bell-branded products. A total of 10 people with listeriosis-related disease were reported from 4 states: Arizona with 1, Kansas with 5, Oklahoma with 1, and Texas with 3. All sufferers were hospitalized. Three deaths have been reported in Kansas.

On April 20, 2015, Blue Bell Creameries voluntarily recalled all products on the market made at all of its facilities, including ice cream, frozen yogurt, sorbet and frozen snacks. The company also closed its manufacturing facilities in four states. Operations have since resumed.

The US Food and Drug Administration published the critical results of the latest inspections at Blue Bell’s manufacturing facilities on May 7, 2015.

Blue Bell, including its officers and directors, also faced civil lawsuits from shareholders and insurance companies as a result of the outbreak.

Listeriosis is a life-threatening infection caused by eating foods that are contaminated with the bacterium (germ). Listeria monocytogenes. People with a high risk of listeriosis include pregnant women and their newborns, adults aged 65 and over and people with a weakened immune system.

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