Friday May 24, 2002

VitaPro trial questions
Transcript inaccurate, attorneys allege

Both men were convicted Aug. 20 of conspiracy, bribery and other federal charges involving kickbacks Barry paid Collins to win a five-year state contract for his soy-based meat substitute VitaPro. Sentencing is scheduled June 14.

Six sentencing hearings have been set because of the slow pace in which the complete trial transcript was filed.

Barry's attorneys, Kent A. Schaffer and Mike Ramsey, said they paid an expedited rate for the court reporter to complete the transcript after the trial and expected a copy within a week. Instead, they said, they received a complete copy about a month ago.

They said the transcript is "replete with errors in transcription," lacks portions of testimony during prosecutors' cross-examination of Barry and has critical problems regarding the presiding judge's instructions to the jury.

Prosecutor Gary Cobe, who had previously expressed optimism the case would proceed, said the defense's filing "changes the situation."

The defense attorneys are asking the court to conduct an evidentiary hearing, where they say they will provide proof of the missing testimony.

They also asked that the court reporter be available during the hearing to answer questions about alleged inaccuracies and gaps.

"Before we can proceed with post-trial motions, sentencing or even an appeal, there has to be an inquiry," Schaffer said. "We may be entitled to a new trial if the court reporter's notes are lost or were inadvertently destroyed."

Cobe said calls for a new trial are centered upon what material is missing from the transcript.

"The important thing is to get an accurate set of transcripts," he said.