Acquitted by a jury on one count of obstruction of justice but convicted on the other, Mary Wilkerson now wants the judge to enter a not-guilty judgment on that charge, too. Wilkerson is the former quality control manager for Peanut Corporation of America (PCA). She was convicted last month after a seven-week criminal trial in Albany, GA, along with the top players in PCA, Stewart and Michael Parnell. A motion for a judgment of acquittal for Wilkerson was filed by her Albany defense attorney Thomas G. Ledford. The sole charge on which she was convicted has to do with when and what she knew about certain sample testing for potential Salmonella contamination undertaken for PCA. “Whereas, Count 73 states that ‘After S. Parnell told the inspector that if any samples had come up positive, Wilkerson would know, but he no knowledge of any,’ the FDA Inspector asked Wilkerson if she had any knowledge of any positives. Wilkerson said to the FDA Inspector that earlier in the year, she was not working in QA and that she was not aware of any positives,” Ledford writes. “Defendant Wilkerson hereby shows that the Government never produced a time reference or time log showing when (FBI) Agent Gray supposedly asked Defendant Wilkerson if she was aware of any positives in any of the FDA Inspector’s notes which consisted of handwritten and to a large extent, illegible notations,” he continues. “Defendant Wilkerson hereby shows that the Government never produced a recording, time log, video, affidavit, statement or any type of record of the alleged interview by an unnamed FDA Inspector of Defendant Wilkerson as it was stated in Count 73 nor did it produce a witness, law enforcement, or other FDA Inspector to collaborate Agent Gray’s alleged interview of Defendant Wilkerson, as alleged in Count 73,” Ledford states. If Judge W. Louis Sands grants her motion, and if the jury’s decision were reversed or vacated, then Wilkerson would like a new trial on the single obstruction of justice count. Ledford raised the issue at the end of closing arguments in the case, and, at that time, Sands said he would take Wilkerson’s concerns under advisement. In addition to her motion for a judgment of acquittal, Wilkerson has filed a separate motion with the court asking for permission to file information under seal due to the “sensitive and serious nature of the content.” It is not known if that material concerns the acquittal request or another issue entirely. Wilkerson and the Parnell brothers were convicted Sept. 19. Stewart Parnell, 60, the former PCA owner, was found guilty on 67 federal felony counts, and his peanut broker brother, Michael Parnell, 55, was found guilty on 30. No sentencing date has yet been set in the conspiracy and fraud case brought by federal prosecutors after the 2008-09 Salmonella outbreak caused by peanut products from the PCA processing plant in Blakely, GA. More than 700 people were sickened and nine deaths were blamed on the outbreak. Defense attorneys for the Parnells are studying appeal options for their clients, but none have yet been filed. The U.S. District Court for the Middle District of Georgia has jurisdiction over the case.