Clapper, Patti, Schweizer and Mason

After a lively and much publicized week of arguments and proceedings, U.S. District Judge Molloy decides to let the trial against W.R. Grace continue, dismissing all charges against two of the five former executives also being charged. W.R. Grace is accused of conspiring to withhold knowledge that the vermiculite asbestos coming from their Libby Montana mine created a danger to workers and residents in the community. They are also charged with obstructing EPA’s investigative and clean up efforts and violating the Clean Air Act.

 

Asbestos from the Libby mine was used in many gardening and insulation products, and then distributed both locally and distributed nationwide. Asbestos is known to be carcinogenic and responsible for causing asbestos-related lung cancers, mesothelioma and asbestosis.   Scientists claim close to two hundred people have lost their lives to asbestos related diseases in the Libby Montana area, and thousands more are sick from it.

 

Prosecutors have been trying to prove that W.R. Grace and its executives knew that the asbestos from their mines created a health risk and yet tried to conceal the dangers. In an effort to prove the conspiracy to cover up their knowledge about the dangers of asbestos, prosecutors called witnesses and admitted documents to show that Grace had conducted studies and clearly knew about the dangers in the 1970’s. 

 

One particular witness’ testimony, that of Robert Locke, a former Grace executive who testified on behalf of the government, was being challenged by defense attorneys. Lawyers for Grace claimed that his testimony lacked credibility and that other steps taken by prosecutors were in violation of court orders, and requested that Judge Molloy declare a mistrial and dismiss all charges against the company and its executives. Defense claimed that Locke’s testimony did not include showing documents that proved he had been informally granted immunity if he testified, which then prejudiced the jurors.

 

Molloy admonished the government’s attorneys for having made many errors and has repeatedly questioned and criticized the prosecutor’s case throughout the trial. Despite the defenses requests, Molloy ruled that the trial would continue, along with an opportunity for the defense to have another chance to cross-examine Locke.