AUSTIN–At the request of the Department of Justice team trying the case, the trial judge dismissed one of the seven counts of the indictment against a former president of Blue Bell ice cream.



Federal Judge Robert Pitman dismissed Count 6 of the indictment and struck the allegations in paragraph 43 of the charge.



“The United States of America, by and through its counsel, respectfully moves the Court for an Order dismissing Count 6 of the Indictment,” DOJ’s motion said .”The United States also moved the Court for an Order striking the allegations contained in Paragraph 43 of the Indictment, which relate to Count 6.”



DOJ’trial lawyers said: “This motion is made in the interests of justice and according to FED. R. CRIM. P. 48(a). A redacted Indictment is attached to this motion.”



Count six involved an email from a Blue Bell employee to a Maryland distributor who asked about the closure of Blue Bell’s Broken Arrow, OK, production facility. The response fell short of full disclosure about the Listeria contamination.



The ruling said:” Upon consideration of the United States’ Motion to Dismiss Count 6 of the Indictment and to Strike the Allegations in Paragraph 43 of the Indictment,and the Court having reviewed the record in this case, it is hereby ORDERED that the motions are granted, and it is further ORDERED that Count 6 of the Indictment in the above-referenced case shall be dismissed and the allegations contained in Paragraph 43 of the Indictment, which relates to Count 6, are stricken.”



Five frauds and o single count of conspiracy remain for the jury selected on Mondy to decide.



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