ATLANTA (AP) At the height of the nationwide salmonella
outbreak nearly a year ago, FBI agents raided two peanut plants and
carried away boxes of evidence. FDA inspectors found roaches, mold
and a leaky roof. Then, Congress revealed e-mails from the peanut
company's top executive that seemed to suggest the pursuit of
profits over ensuring public safety.
Despite the fanfare over the criminal probe of one of the
largest product recalls ever, no one has yet been charged in the
outbreak, which was linked to hundreds of illnesses and nine
deaths.
Federal prosecutions in food-illness outbreaks are rare, but
food safety experts and legal analysts say the salmonella
investigation seemed as cut-and-dry as any case.
After all, investigators said the head of the company at the
center of the probe fired off e-mails to employees amid reports
salmonella had been detected in his products to ''turn them loose''
and said the business ''desperately'' needed to turn raw peanuts
into money.
Nine months after the e-mails were made public by a U.S. House
panel, prosecutors have been tightlipped on whether executives with
Peanut Corp. of America will face charges, infuriating relatives of
those sickened by the salmonella.
''I thought prosecutions were a no-brainer,'' said Lou
Tousignant, whose 78-year-old father died in January from
salmonella poisoning after eating tainted peanut butter in his
nursing home.
''It seems like it's been forgotten. That's kind of how the
country ebbs and flows it's in the news for a while, then
everything quiets down.''
Food safety prosecutions typically lead to fines against
companies rather than prison time, and experts and attorneys sensed
criminal charges could be imminent in the salmonella case.
''It does surprise me,'' said Creighton Magid, a
Washington-based products liability attorney who is often on the
defense side.
The outbreak was traced to the company's peanut plant in
Blakely, Ga., where Food and Drug Administration inspectors found
roaches and mold while trying to figure out the source of the
salmonella. In one e-mail from Stewart Parnell, the head of the
Virginia-based company, he said his workers ''desperately at least
need to turn the raw peanuts on our floor into money.'' In another
exchange, he told his plant manager to ''turn them loose'' after
products once deemed contaminated were cleared in a second test.
Last year, when a final lab test found salmonella, Parnell
expressed concern.
''We need to discuss this,'' he wrote in an Oct. 6 e-mail to
Sammy Lightsey, his plant manager. ''The time lapse, beside the
cost is costing us huge $$$$$ and causing obviously a huge lapse in
time from the time we pick up peanuts until the time we can
invoice.''
When summoned by a congressional subpoena, Parnell repeatedly
invoked his right not to incriminate himself. He did not return
several phone calls or e-mail messages seeking comment for this
story. His company, which has filed for bankruptcy, has said it is
cooperating with federal investigators.
G.F. ''Pete'' Peterman, the acting U.S. Attorney whose district
includes the southwest Georgia peanut plant at the center of the
outbreak, declined comment. Craig Earnest, the Early County
district attorney, said he's unaware of any developments in the
investigation.
Food safety watchdogs said criminal charges have been brought
against a handful of companies involved in high-profile outbreaks.
Federal law allows cases to be prosecuted without proof the company
knew it was distributing contaminated food.
Recent convictions include the 2001 case against Sara Lee Corp.,
which was fined $200,000 and agreed to pay $3 million on food
safety research after pleading guilty to misdemeanor charges of
selling tainted meats in a listeria outbreak that killed 15 people.
The plea came three years after the company was linked to the
contamination.
Other outbreaks haven't yielded charges. Prosecutors decided not
to go forward with a case against two produce companies involved in
a 2006 tainted spinach case that killed three people and sickened
200 others, saying the investigation found growers and processors
did not deliberately skirt the law.
Former U.S. Attorney Kent Alexander of Georgia said prosecutors
may be sifting through the dozens of lawsuits filed on behalf of
victims before they take action. The deadline for personal injury
claims against the company was Oct. 31, but the number of people
seeking a share of $12 million in insurance is not yet available.
Alexander also said there may be less urgency to pursue criminal
charges because the company's plants have been shuttered and the
outbreak contained.
''Once the threat of harm is gone, investigations like that can
take a longer time,'' Alexander said.
The victims are eager for action.
Gabrielle Meunier, a Vermont mother whose 7-year-old son
Christopher was hospitalized for a week after he was poisoned by
salmonella in late 2008, said she was mystified.
''The time is now,'' she said. ''If the company's executives are
spared prosecution, what does that say to the American public?''
Associated Press writer Sue Lindsey in Roanoke, Va. contributed
to this report.
(Copyright 2009 The Associated Press. All Rights Reserved.)