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Hmmm, it's been 4 years since I read of this case but from what I read in the paper, it seemed the jury knew what they were doing...

From here.

Former prisons director acquitted in VitaPro case

Judge: Not enough evidence deal to provide food to inmates was illicit.

By Steven Kreytak

AMERICAN-STATESMAN STAFF

Saturday, September 10, 2005

A former Texas prison system director and the president of a company that contracted to sell the prisons the meat substitute VitaPro -- both convicted in a kickback scheme four years ago -- have been acquitted by a federal judge.

After a two-week trial in 2001, a federal jury in Houston found former prisons chief James "Andy" Collins and Yank Barry, owner of VitaPro Inc., guilty of bribery, money laundering and conspiracy. Prosecutors charged that in 1996, Barry paid Collins at least $20,000 to secure a $33.7 million contract to sell a soy-based meat substitute to the prison system.

On Thursday, U.S. District Judge Lynn N. Hughes, who presided over the trial, took the unusual step of overturning that verdict, ruling that the government did not prove its case beyond a reasonable doubt and chiding prosecutors for the evidence they presented.

If upheld on appeal, Hughes' ruling would leave the same result as a not-guilty verdict from a jury. It would also prevent prosecutors from seeking new charges against the men based on the same accusations.

In his opinion, Hughes also made a "contingent holding," which Collins' defense attorney Bill White of Austin said would grant the men a new trial in case an appeals court disallows the acquittal on technical grounds.

"I firmly hope and believe it's over," said White, who then recounted the conversation in which he gave Collins the news of the acquittal.

"He said: 'Well, Bill, I feel vindicated. I am so happy that this is over. It has been extremely difficult on my family and I'd just like to get on with my life.' "

Collins and Barry had never been sentenced or served time in prison.

Assistant U.S. Attorney Gary Cobe, who prosecuted the case for the government, said he has filed a notice of appeal of Hughes' ruling. He declined to disclose the grounds for that appeal.

"Let me just say I tried the case, the jury found him guilty, and leave it at that."

Barry's lawyer did not return a call for comment.

In his 49-page opinion, Hughes noted that none of the witnesses from the Texas Department of Criminal Justice who testified at the trial knew of any kickback deal between Collins and Barry.

"Their strongest criticism was that Collins really wanted VitaPro in the prisons and was really involved in the project," he wrote.

Hughes also noted that documents presented as evidence in the case -- including state contracts and wire transfers from VitaPro's bank account to an account to which Collins had access -- "were not enough to convict Collins and Barry."

Defense lawyers argued during the trial that the wire transfers were legitimate payments from Barry to Collins, who went to work for VitaPro after he left his state job in 1995. The case and ultimately the conviction, Hughes wrote, hung on the testimony of Patrick Graham, a one-time VitaPro salesperson and convicted racketeer who testified that Collins and Barry told him about their scheme and even asked for advice on carrying it out.

Hughes questioned the credibility of Graham, who at the time was serving a sentence in prison for conning the wife of a Texas inmate out of $150,000 and had a deal with prosecutors for favorable treatment, including a possible sentence reduction, in exchange for his testimony.

"Aside from Graham's manifold character defects, his testimony here was riddled with contradictions," Hughes wrote.

Barry, who is a Canadian but lives in the Bahamas, according to news reports, and Collins have been free on bond pending sentencing. That sentencing has been held up by problems with the court transcript and Hughes' consideration of their motions for acquittal and new trial.

They each had faced 65 years in prison and $1.5 million in fines.

Prison officials touted VitaPro as a way to feed Texas inmates more cheaply and as a way to make money by selling VitaPro to other states. VitaPro was taken off prison menus after convicts refused to eat it.