UM Grace Case

Henry A. Eschenbach knew that the ore being mined in Libby, Mont., was toxic to animals, and had caused cancer in hamsters, Kevin Cassidy, a senior trial attorney for the U.S. government, told jurors Monday morning during his opening statement.

It was something that Eschenbach, then the director of health, safety and toxicology for W.R. Grace, allegedly knew but didn’t disclose, Cassidy said. The hamsters were part of a study done to learn about the effects asbestos-contaminated ore from Libby could have on people.

Eschenbach is one of five defendants and W.R. Grace company men who are being charged with criminal offenses, such as conspiracy, Clean Air Act knowing endangerment and obstruction of justice. The defendants — Eschenbach, Jack W. Wolter, William J. McCaig, Robert J. Bettacchi and Robert C. Walsh —  sat on the right side of the courtroom Monday, listening as Cassidy described the high-up positions they held with W.R. Grace and the actions they are  accused of  doing. Directly across the room, the jurors sat in their bleachers, taking notes and looking toward the five men.

Cassidy told the five men and seven women of the jury that much of the evidence that would support the government’s case came from “W.R. Grace’s own documents, material that was often authored by the defendants.” Many of those documents show that the defendants knew about the dangers associated with the Libby ore, Cassidy said.

 Eschenbach had gathered information showing that workers with 10 years of experience or more had health problems related to asbestos exposure. That was in 1976.

In 1979, a Grace insurance company said the workers’ compensation loss due to asbestos exposure was significant, and that the risk of asbestos exposure for workers’ family members was a matter of concern, especially when workers came home in asbestos-ridden clothing, Cassidy said.

Six years later, Eschenbach told Walsh, Wolter and McCaig that many young workers had evidence of asbestos-related disease in their lungs, and they had only been working at the mine a short time, Cassidy said.

In addition to these cases, Cassidy said Eschenbach and other Grace executives had done internal tests on vermiculite products. These tests had proved that these products — such as fertilizer — were hazardous. But, Cassidy said, that information — and any other that exposed the danger of the Libby ore — wasn’t shared with people outside of the company.

 ”Mr. Eschenbach knew, but he didn’t tell,” Cassidy said. “With all that knowledge, he became a point-person for selling off (Libby mine site) properties.”

Cassidy continued his opening statement, detailing criminal actions the other defendants had allegedly taken during their time working for W.R. Grace. Running out of time, Cassidy quickly mentioned the last defendant, McCaig, the one defendant who had lived in Libby. McCaig now has abnormalities in both of his lungs, Cassidy said.

Concluding the opening statement for the U.S. government, Cassidy said the internal agreement to conceal asbestos dangers made W.R. Grace millions of dollars, but it put the people of Libby, Mont., in danger. For that reason, at the end of the trial, he said, the government will ask for a guilty verdict for each of these defendants. 

“(The jury) has to decide what these defendants knew about (asbestos-related) health hazards, and when they knew it,” Cassidy said.

– Carly Flandro