Judge overturns conviction of Tyson Foods executive in Espy investigation

By Terry Frieden/CNN

WASHINGTON (September 22) -- A federal judge Tuesday threw out the jury conviction of Tyson Foods executive Archie Schaffer for providing gifts to former Agriculture Secretary Mike Espy.

U.S. District Court Judge James Robertson granted a motion by Schaffer to overturn the verdict which found him guilty of giving Espy tickets to President Bill Clinton's first inaugural dinner and gifts at a birthday party for the firm's chief executive, Don Tyson.

Schaffer faced up to three years in prison, but sentencing had been delayed until after Robertson's ruling.

In a 14-page ruling Robertson said he overturned the jury's decision because Schaffer's gifts did not constitute a violation of federal laws, as charged by the prosecutor, Independent Counsel Donald Smaltz.

"We are reviewing the decision and considering our options," Smaltz's deputy, Ted Greenberg, told CNN. He said the independent counsel would have no further comment on the judge's ruling.

In the same ruling Robertson rejected a similar motion for acquittal by Tyson Foods' chief Washington lobbyist, Jack Williams. Williams was convicted by the same jury of lying to the FBI and other investigators about favors given to Espy.

"In the Williams case we will now proceed to sentencing," Greenberg said. Williams could receive up to five years in prison.

Schaffer, who works at the Arkansas headquarters of Tyson Foods, was not immediately available for comment.

Smaltz's prosecutors persuaded a jury the gifts from Schaffer were designed to influence Espy's decision on food safety issues. But Judge Robertson declared the evidence did not show that.

"There was no evidence that Mr. Schaffer or anybody in Tyson Foods knew of or anticipated anything about zero tolerance or mandatory safe handling labels at the time of the inaugural dinner," Robertson said. The judge explained that the first case of E. coli infection was reported to the Agriculture Department on the same day as the inaugural dinner, and therefore the government initiative did not even exist yet.

On the second charge, the judge similarly concluded the May 1993, birthday party for Tyson occurred three months before the U.S. Department of Agriculture (U.S.D.A). announced its label change regulations.

"No evidence of any Tyson Food involvement in or concern about the USDA's proposal to require safe handling labels predated that announcement," Robertson ruled.

Robertson said the giving of gifts alone does not constitute criminal intent.

"To create a better relationship, or in the vague hope of inducing warm feelings, or to win generalized sympathy or to ingratiate himself or his company with the Secretary, or to celebrate Secretary Espy's status, any of which or all of which in combination, would not amount to criminal intent," he ruled.

Judge overturns conviction of Tyson Foods executive in Espy investigation

By Terry Frieden/CNN

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Tuesday, September 22, 1998