 991220 Tyson Official Gets New TrialDecember 10, 1999 Washington - A Tyson Foods executive convicted of giving illegal gifts to former Agriculture Secretary Mike Espy was granted a new trial. U.S. Judge James Robertson said that Archie Schaffer III probably would have been acquitted had Espy been available to testify in his behalf. Espy refused to testify at Schaffer's trial while his own case was pending but has since been acquitted of corruption charges. At a November hearing, Espy denied that Tyson Foods used a lavish company party he attended in 1993 to influence new meat-safety rules, although he admitted the poultry industry knew at the time that the regulations were imminent. Robertson last year overturned a jury verdict against Schaffer, saying no one in Tyson anticipated the rules at the time of the party. An appeals court subsequently reinstated the conviction, but Robertson ruled Friday that Espy's testimony “would probably produce an acquittal at a new trial.” Independent Counsel Donald Smaltz immediately filed notice that he would appeal the judge's decision. His staff declined comment on the ruling. Schaffer was convicted of violating the Meat Inspection Act by providing illegal gifts to Espy on two occasions: in January 1993, at President Clinton's inaugural dinner; and in May 1993, at the party in Russellville, Ark. The prosecution argued that Schaffer arranged for Espy to speak to a group of Arkansas poultry executives as cover for him to attend the party later that day. Robertson, however, said he found credible Espy's denial that the speech was a “sham event.” The judge also said the case against Schaffer was “so thin” that the jury could have decided either way. Schaffer is Tyson's governmental affairs director. He “is a valued team member, widely respected and well-liked by everyone here at Tyson,” company chairman John Tyson said in a statement. “This is a great day for Archie, his family and Tyson Foods.”
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