One brisk November day in 2009, Iowa farmer Stanley Martins traveled the 300 miles from his home in Postville, Iowa to Sioux Falls, South Dakota. He wanted to take the stand in defense of a man who had helped him up when he had fallen on hard times. His touching story was never heard by the jury – Judge Linda Reade had forbidden any character testimony. Still, he insisted on making the trip and going on the record.
He told of a disease which devastated his herd. His attempt at rebuilding his farm by leasing cattle almost met with failure when the owner of the new herd wanted his herd back, or a large sum of money – money he could not hope to borrow from the bank. He turned to Sholom Rubashkin.
Sholom told him that he was not in the position to lend that kind of money at the time. Stan, in desperation, told Sholom “Look in my eyes – I need help. Is there any way you can help me?” Touched by his plight, Sholom instructed him to meet him at the bank that Friday, and somehow pulled together the money he needed, saving his farm – and his livelihood.
The following testimony was barred from the jury by the judge in her motion in limine because she did not allow them to hear a single character witness.
STANLEY MARTINS, called as a witness, being first duly sworn or affirmed, was examined and testified as follows:
THE COURT: All right. Please come to the witness stand.
DIRECT EXAMINATION (OFFER OF PROOF)Â BY MR. BROWN:
Q. Can you tell us who you are, please?
A. My name is Stanley Martins.
Q. And Mr. — is it Martins?
A. M-A-R-T-I-N-S.
Q. All right. Mr. Martins, where do you live?
A. I live at 141 Highway 18, Postville, on a farm that’s adjacent to the Agriprocessors - former Agriprocessors plant.
Q. And how long have you lived there?
A. Sixty-two years.
Q. And what — what is your profession or occupation?
A. I’m a farmer.
Q. All right. And at some point in time, did you meet Sholom Rubashkin?
A. I have.
Q. What was the — what were your contacts with Sholom Rubashkin?
A. It seems like we’ve known each other forever, and we did — we helped each other, and we were acquaintances. Our land was adjacent, as I mentioned, to Agriprocessors, and so we became acquaintances.
Q. And how often would you have contact with Sholom Rubashkin?
A. Oh, that would vary. Sometimes once every two or three months or once a month. Just as needed, if there was something that either one of us needed.
Q. Did there come a time when you had a meeting with him in his office about some financial stressors you were going under?
A. That’s correct. I — I grew up on the farm where we live, and we were involved in the hog business, and we had a thriving business. We raised hampshires and sold seed stock all over the states, and our business was good. I judged shows here and abroad. And in 1991, we had a bout with pseudorabies, which is a hog disease, and we lost over $100,000 in a six-month period. And I was just barely recovering from that. And in ’96, our herd was totally wiped out, and so I was exhausted, mentally and financially. And so I knew that I couldn’t go back into the hog business by fear of this happening again, so we had leased a large group of cows from a gentleman for a period of three years, and then the gentleman called one day and said that he had purchased a farm, and he either needed his cattle back or he needed a check for 130,000. And because –
Q. What year is this now, approximately?
A. This was in ’06.
Q. So what happened at that point in time?
A. I wasn’t sure — I didn’t have the — the finances to go to the bank and get the money, so I approached Sholom to see if he would be able to help me.
Q. Where did you approach Sholom?
A. At his office.
Q. At Agriprocessors?
A. Yes.
Q. And did you tell him you needed help?
A. I did.
Q. And did you explain what it was — what it was for?
A. Yes.
Q. And how did Sholom respond to your request for financial help?
A. Well, first, he said that it was too much and he didn’t have that money at his disposal, and then I — I really needed the help so, I remember vividly, I stood up and I said to Sholom, “Look in my eyes. I need help. Is there any way you can help me?” And Sholom replied, “Meet me down at the bank on Friday at four o’clock.”
Q. And did he get a personal loan to cover the approximately $130,000 that you needed to remit to the cattle owner?
A. He did.
Q. And was that an Agriprocessors loan or a personal loan?
A. I think it was a personal loan, but I’m not certain of that. He went to the bank to get the money so –
Q. Did that help you stave off the problem that had occurred?
A. Yes, it did.
Q. And did — did you have more successful finances after that?
A. Yes.
Q. And if he hadn’t had helped you with that, what would have happened, do you think?
A. I don’t know where I would be. And it was a problem for me, because livestock is the only thing that I’m good at. And Sholom was — helped me to stay in that business.
Q. And how did it — how did this loan that he took out get resolved, do you know? Did you pay it back or what?
A. Well, in — in 2005, Agriprocessors had purchased some land from us, and so it was deducted from the balance owed on that.
Q. And do you know if Agriprocessors reimbursed Sholom so he could pay back the bank for the loan that he borrowed? Do you know?
A. I do not know.
MR. BROWN: I have no further questions, Your Honor.