FARGO (AP) - A judge says a previous conviction against one of two brothers accused of scamming the federal government out of $2 million in crop insurance payments cannot be used as evidence in trial _ for now.
Aaron and Derek Johnson, who grew potatoes in the Carrington area, have pleaded not guilty to conspiring to receive illegal payments by intentionally damaging the spuds. Trial is scheduled to begin Monday in Fargo.
U.S. District Judge Ralph Erickson ruled Tuesday that Aaron Johnson's 1995 conviction for submitting a fraudulent disaster claim should not be introduced as evidence, but the judge said he might revisit the issue depending on how the trial unfolds.
The Johnsons are accused of applying chemicals and adding spoiled and frozen potatoes to their stored crop to increase deterioration.