Toxicologist Miller due to testify Tuesday
Court reconvened at roughly 1:15 p.m. after a truncated morning in which the jury was dismissed because one juror had taken ill. A seemingly frustrated Judge Donald Molloy returned this afternoon to tell the courtroom that the sick juror was at the doctor’s office and that the physician would call him with an update as to whether or not he would be well enough to continue in the morning.
“If he can’t, we will proceed with an alternate juror,” Molloy said.
With the trial itself at a standstill, Molloy took up where the morning had let off, questioning the prosecution about the relevance of a number of exhibits to which the defense had objected. The exhibits included both pictures and air samples from around Libby, including the high school track area, the middle school and the skating rink.
“What’s being described in these exhibits is that when you disturb these materials asbestos is released,” said assistant U.S. attorney Kris McLean, who assured Molloy that each was designed to illustrate exposures of people at locations described in the indictment.
Following McLean’s initial response to Molloy’s questioning, a number of defense attorneys raised additional concerns regarding the exhibits in question, all of which are to be offered during the testimony of Dr. Aubrey Miller, a toxicologist for the EPA’s Region 8 office in Denver and the government’s next expert witness.
Defense attorney for W.R. Grace, Scott McMillin, argued that the problem with a number of the air samples is that they are based on worker cleanup and not “normal” activities such as raking or mowing grass.
“They’re [the prosecution] using the most aggressive cleanup methods to show their testing,” he said. “The government is cutting the data every which way they can.”
David Krakoff, representing Henry Eschenbach, also objected to the exhibits saying that they are not relevant to the issues involved in this case. “It puts a false notion in the minds of the jurors…and we have to fight uphill,” he said.
“The gatekeeper role of the court is very, very important, and we ask the court to exercise it here.”
Molloy ended the day by reminding everyone that the trial will continue tomorrow. “I want to make clear we’re starting the trial at 8:30 tomorrow morning…we’re going to move forward,” he said in a stern voice.
Court will reconvene with Miller expected in the witness stand.
–Chris D’Angelo (posted 5:45 p.m.)
Posted: March 9th, 2009 under News.
Tags: D'Angelo
Comments
Comment from Mike Crill Missoula,Mt
Time March 10, 2009 at 12:16 pm
It is my understanding that there is NOW a person who has moved to Libby in the last five years who has now been diagnosed with asbestos and is now suing Grace.I do hope he also sues each and everyone one of you who are guilty for allowing this man to move to Libby telling him all is safe.YOU ALL KILLED THIS MAN….
Comment from Chris D’Angelo
Time March 10, 2009 at 12:33 pm
Dear Mike,
I have to write a feature profile on someone for my Feature Writing class and would very much like to profile you. Let me know if you would be willing to do an interview with me…my cellphone number is 314-580-0191. I will be heading down to the courthouse here in a minute and will keep an eye out for you.
CD
Comment from Terry Trent
Time March 10, 2009 at 4:59 pm
Wow Mike! Tell us how you really feel! 
Interestingly, there is more than just a grain of truth in what Mike says. The Biologist who moved to Libby just after Andrew’s story, who told everyone the town was safe. The man who owned the Western News doing the same thing over and again in headlines no less. Gayla leading the charge to respect the words and deeds of EPA, who began lying to the town almost immediately about Public Health Emergency (and many other things that remain lies today, as is apparent in much of the testimony).
However a similar situation occurred in one of our American towns. A place called Tuskeggee Alabama. Were eventually everyone got it right as to who the bad guys were. They were our own Public Health Officials, who turned around and did nearly the same thing in Libby…and other towns in America, which continue today.
One can not be too hard on people who wish for a better world and try to make it so with their words, as above. One however can be terribly hard on those whose job it is to make it so, who are paid handsomely, more handsomely than most in these towns, to actually know what they are talking about and actually do something about what they are supposed to know about. Those who do no such thing at all, but simply run for cover from the blame they know is theirs and make political excuses over money. And lie with a straight face over and again.
TTrent
Comment from Mike Crill Missoula,Mt
Time March 9, 2009 at 7:04 pm
Gee wiz… in 2005 EPA said the 16,000 samples taken found nothing.
Gee wiz…in 2007 David Newman testified EPA used the wrong scopes to test and when offered two right scopes to test,EPA turn them down.Since 2007 over 100,000 samples taken.Someone is making a killing at $500 a piece.2007 U of M found 530 MILLION Tremolite asbestos fibers in a gram of bark.Oh but EPA said they found nothing.And selling Libby as safe continues and so does innocent people/families being exposed to asbestos to suffer and die as the rest of us.YOU people need to be shot for knowingly killing more people.Murder…