[news] Prosecutors Rest Tyson Smuggling Case

[Gordon Flett]

http://story.news.yahoo.com/news?tmpl=story2&cid=519&ncid=519&e=1&u=/ap/20030313/ap_on_re_us/tyson_immigrant_smuggling_2

U.S. National AP
Prosecutors Rest Tyson Smuggling Case
Thu Mar 13, 3:51 PM ET 

By BILL POOVEY, Associated Press Writer

CHATTANOOGA, Tenn. - Prosecutors wrapped up their immigrant-smuggling 
case against Tyson Foods on Thursday with testimony from a second 
manager who admitted knowingly hiring illegal workers for a Tyson 
poultry plant.

Spencer Mabe, a former Shelbyville plant manager who pleaded guilty in a 
deal with prosecutors, testified under cross-examination Thursday that 
although he was aware of illegal hirings and dealt with an immigrant 
smuggler, he never personally inspected employee hiring records.

"Any time they came through a recruiter, I pretty much knew they were 
illegal," Mabe said.

Mabe, who was fired in 2001, earlier told the federal court jury that he 
went along with hiring illegal workers because he was dedicated to the 
company.

Assistant U.S. Attorney John MacCoon rested the government's case in the 
five-week-old trial Thursday morning.

The judge also heard motions by defense attorneys, who said the 
government had failed to prove that any defendant caused illegal 
immigrants to be brought into the United States, caused their transport 
or caused them to possess false Social Security numbers. He did not
immediately rule.

Tyson and some former managers are accused of hiring illegal immigrants 
from Mexico and Central America as part of a nationwide conspiracy to 
boost production and profits.

Tapes of secretly recorded conversations between undercover agents 
posing as immigrant smugglers and Tyson managers were a big part of the 
government's evidence. Some of those conversations indicated that the 
hiring of illegal immigrants, particularly through temporary agencies, 
was routine.

Defense attorneys expect their case to take two weeks.

The company, based in Springdale, Ark., contends the government's 
investigation involved only a few plant managers who independently 
violated Tyson's "zero tolerance" policy on illegal hiring.

But Mabe and another fired manager have testified that executives up the 
company's chain of command knew about plants hiring illegal workers. 
Both pleaded guilty in January to an immigrant smuggling conspiracy 
charge and face up to of five years in prison at their May 12 
sentencings.

If found guilty, Tyson could face millions of dollars in fines.