Three additional witnesses will likely testify at Stewart Parnell’s hearing next Monday to vacate his convictions and sentencing related to
The requested additional witnesses are: Denise de la Rue, a trial consultant, and strategist; James “Jay” Strother, peanut broker with James Strother and Company LLC; and John T. Powell, executive director for the American Peanut Shellers Association.
Amy Levin Weil of Atlanta, and Amy Lee Copeland of Savannah, attorneys representing Parnell in the Motion 2255 hearing, said their “intense preparation” led them to the three additional witnesses “to provide testimony in support of the petition” to vacate.
Parnell’s original witness list submitted on May 3 contained the names of four attorneys who defended him in his 2014 jury trial — E. Scott Austin, Thomas J. Bondurant, Justin Luger and Ken Hodges.
The court is permitting Bondurant to testify by video conference because of health concerns. Bondurant, Austin and Luger from the Gentry Locke law firm in Roanoke provided the core of Parnell’s defense, including Hodges, then an Atlanta attorney.
Lugar is now an assistant U.S. Attorney for Virginia, and Hodges is a judge on the Georgia Court of Appeals.
Magistrate Judge Thomas Q. Langstaff has ordered the government to respond to Parnell’s motion to add witnesses by close of business today (May 18). Langstaff is presiding over the Stewart Parnell hearing that begins on May 24 and a second hearing for his brother Michael Parnell that starts on May 27.
Weil and Copeland say the three additional witnesses they’ve identified “will provide critical testimony” to support Stewart Parnell’s motion to vacate. In court documents, they say de la Rue “has not been engaged,” and Strother and Powell weren’t identified before May 3.
Parnell’s attorneys argue that adding three additional witnesses 10 days before the hearing is a reasonable request.
Parnell’s attorneys have obtained the judge’s permission for access to voir dire transcripts from the 2014 jury selection in other pre-hearing action. That permission was first granted to Michael Parnell’s attorney for use in his hearing next week.
The attorneys have agreed to destroy all copies of the jury selection proceedings when the Motion 2255 proceedings are complete.
Both hearings are being held next week at the federal courthouse in Albany, GA.
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