UM Grace Case

Lawyers hit their first stumbling block Friday afternoon when they finally had a chance to ask Judge Molloy questions after the lunch recess.  At the top of the defendants’ concerns was the ambiguity of the chart Molloy designed to help jurors wade through the trial’s facts and evidence.

The defense expressed apprehension about Molloy’s decision to give the jury the chart at the beginning of the trial, feeling it would not allow the jury to remain impartial.  Also, other concerns involved the color-coding of the chart, the chart’s language and what evidence was admitted or excluded on the chart.  Defense attorney Thomas Frongillo argued that in an attempt to help the jury the court had “collapsed” the evidence.

Molloy reassured everyone the chart was “not the authority,” it was made simply to help “conceptualize” the allegations and evidence.  “I don’t want to confuse the jury.  I’ll leave that to you guys,” Molloy said.

Just as Molloy was dismissing court for the day, new conflicts erupted regarding Paul Peronard’s uncertain role in the trial.  The defense claimed that Peronard, the EPA clean-up coordinator for Libby, Mont., could not be allowed in the courtroom because he was an expert and factual witness.  Regardless of the defense’s attempt to keep Peronard out, Molloy decided to keep him in.

With no further questions from either side, Molloy dismissed court for the day.  The court will reconvene at 8:30 Monday morning, with opening statements and with the complete jury that was finalized Friday morning.

–Josh Benham and Elizabeth Diehl