Washington - A Tyson Foods Inc. executive's conviction on charges he gave illegal gifts to former Agriculture Secretary Mike Espy has been reversed for lack of evidence.
U.S. District Judge James Robertson overturned Archie Schaffer III's June 26 conviction but denied a motion for acquittal or a new trial by another Tyson executive, lobbyist Jack Williams. Tried with Schaffer in Robertson's court, Williams was convicted at the same time of lying to investigators.
The decision to throw out Schaffer's conviction comes just days before Espy goes on trial on charges he took $35,000 in illegal gifts from Tyson and other companies regulated by the Agriculture Department.
Jury selection in Espy's case begins with the trial scheduled to start next week. Espy, who left office in 1994, has pleaded innocent to all charges.
Schaffer, a Tyson Foods spokesman, had been convicted of providing illegal gifts to Espy on two occasions: in January 1993, at President Clinton's inaugural dinner; and in May 1993, at a birthday party for company chairman Don Tyson in Russellville, Ark.
A jury found Williams guilty on two counts of making false statements to federal agents about whether he knew of Espy's attending a Dallas Cowboys football game in January 1994 as a guest of Tyson Foods.
In the ruling, Robertson noted that Schaffer was indicted for trying to influence two proposed rules under the Meat Inspection Act. But the judge found "no evidence that Mr. Schaffer or anybody in Tyson Foods knew of or anticipated anything about" the proposed policy changes at the time of the events.
He also noted that once the policy changes were announced, there was no evidence that "Mr. Schaffer or Tyson Foods had any objection or opposition."
"We expected this ruling," Schaffer's attorney, William Jeffress Jr., said. "Now that it's come, we're greatly relieved and happy."
Soon after jurors returned guilty verdicts against Schaffer, 50, and Williams, 58, Robertson indicated he might toss out the convictions and told Schaffer and Williams they could make arguments requesting that.
Ted Greenberg, deputy independent counsel investigating various allegations
In the case of Williams, Robertson noted testimony from a Tyson secretary that Williams "contacted Tyson Foods to coordinate the travel schedule of Secretary Espy and his girlfriend" to the football game in Dallas, and a travel agent testified that Williams charged a plane ticket for Espy's girlfriend.
"Clearly Mr. Williams had knowledge about Secretary Espy's attendance at the game," the judge said.
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