DENVER (AP) — Two Colorado cantaloupe farmers linked to
the nation’s deadliest outbreak of foodborne illness in a
quarter-century were sentenced Tuesday to probation and home detention,
but the judge said he wasn’t sending them to prison so they could work
to pay off $150,000 each in restitution.
Before they were
sentenced, Eric and Ryan Jensen read statements apologizing to the
victims of the 2011 listeria outbreak, which killed 33 people and
sickened 147 in 28 states, according to federal health authorities.
Both
brothers pleaded guilty to federal charges of introducing adulterated
food into interstate commerce. They could have faced six years in prison
and fines of $1.5 million each, but Magistrate Judge Michael E. Hegarty
said he chose not impose either so they could continue working to
support their families and pay restitution.
Each will serve five years of probation and six months of home detention and perform 100 hours of
community service.
Before
the Jensens apologized and were sentenced, seven people whose loved
ones died from listeria made emotional statements to the judge, some
forgiving, some bitter.
"I can’t begin to describe how ghastly it
is to watch someone die," said Patricia Hauser. She said her husband,
Michael, suffered a slow and agonizing death.
Occasionally looking
toward the Jensen brothers as she spoke, Hauser said they should be
sentenced to prison and fined. She told the judge she was "very bitter."
"Someone took my Michael from me, and it just isn’t fair," she said.
Jim Weathered said his father, also named Jim, died of listeria but would have wanted probation for the
Jensens.
"Sending
those boys to jail isn’t going to help anybody in this situation," said
Weathered, who often struggled to control his emotions during his brief
statement.
Paul F. Schwarz said he would accept whatever sentence
Hegarty handed down after the death of his father, Paul A. Schwarz. But
at one point he looked toward the Jensens and asked, "What were you
thinking?"
Eric Jensen sat facing the lectern and watched each
victim speak. Ryan Jensen sat beside the lectern and slightly in front
of it, looking straight ahead. Both appeared to listen attentively but
neither showed any emotion.
Both declined comment after the hearing.
Assistant
U.S. Attorney Jaime Pena took the unusual step of praising the Jensens,
saying they have cooperated more fully than any other defendant in his
experience. He said the brothers had met with the victims in a "very
difficult and emotional session."
Pena said the Jensens did not know they were shipping contaminated cantaloupe. He called the outbreak
"an American tragedy."
The U.S. Food and Drug Administration has said the rare move to charge the Jensens was intended to warn
food producers.
Federal
investigators said the melons likely were contaminated in the packing
house of the Jensen’s southeastern Colorado farm because of dirty water
on the floor and old, hard-to-clean processing equipment. The Jensens
said their operation was given a "superior" rating by their independent
auditors just a month before the outbreak.
They are now suing the auditors and have said any money they get would go to the victims.
Attorney
William Marler, who represented the families of 24 people who died in
the outbreak, has said probation would be adequate. He said farmers,
retailers and the federal government learned valuable lessons and new
regulations are now in place that will reduce the likelihood of a
repeat.
Attorneys say the two men have already filed bankruptcy
that provided nearly $4 million to victims and their families. Marler
and other attorneys are suing retailers and auditors involved in the
case after a bankruptcy judge estimated damages at $50 million.
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