UM Grace Case

Court adjourned early Thursday afternoon as the government concluded testimony from retired lumber business operator and Libby resident Melvin Burnett and said they had no further witnesses for the day.

After Judge Donald Molloy excused the jury just after 2:30, the counsel approached the court with their concerns and ideas regarding the next couple of days.

The prosecution said they still have not retrieved all the destroyed emails the defense has requested earlier in the month because of manpower and time.

Defense Attorney David Bernick dismissed this argument and said, “There’s evidence that the prosecution hasn’t taken seriously the destruction of evidence. This is a constitutional right and the excuse that something is too hard is not an argument the government can use.”

The prosecution came back and said that it is not that retrieving the emails are too hard, rather the process just will take a little longer. The emails in question include correspondence between witness Robert Locke, a former Grace vice president, and other Grace officials.

Molloy didn’t respond to the prosecution’s final statement and ended the day in court saying, “See you all tomorrow.” Molloy set an April 23 deadline for filing any requests after the U.S. is expected to wrap up their case on Tuesday.

Throughout the early afternoon testimony, the government questioned lay witness Melvin Burnett. Burnett  ran a lumber company that was leased through W.R. Grace.

In the late 1970s, Burnett worked for a lumber company called MONIDA (a combination of Montanta and Idaho) that leased land from Grace. Burnett then bought the company and he and his wife Judy ran their own lumber business through the ’90s. Because MONIDA leased its land from Grace, Burnett signed a lease with Grace for the property.

Defendant Alan Stringer signed the paperwork for the lease with the Burnetts.  Burnett said that Stringer never mentioned any possible health hazards on the land, nor did he discuss vermiculite or tremolite asbestos with the couple.

After Grace closed the Libby mine in 1990, the company donated the land and property to the city of Libby, which then became the Burnett’s new landlords.

Burnett said that vermiculite was all over the property. All you had to do, he said, was “look around and see the sparkles on the ground.” Burnett and his wife would bag the vermiculite and give it to Mel and Lerah Parker because he said they could use it at their nursery more than he.

“I didn’t think anything about it at the time,” Burnett said.

Burnett said that it was in 1999 when he first started learning about the health dangers of working around Libby area vermiculite. He said he was informed by the EPA and that he actively sought out information via public media.

After early EPA testing, Burnett said that he tried to stay out of certain areas of the property and wouldn’t let employees and customers go near certain spots. Eventually, Burnett moved his business and built new facilities across town just off of Highway 2.

Burnett was diagnosed with asbestos-related diseases six years ago by Dr. Alan Whitehouse.  

The defense cross-examined Burnett by entering a letter from the EPA to Burnett regarding the air quality on the property. The letter, dated July 21, 2000, and signed by Paul Peronard, said that the preliminary levels in a particular building, called the “Planer” building, were within OSHA standards.

During the government’s re-direct, Burnett began to address why he felt he needed to leave the property even though the EPA was not requiring the action. The defense  objected on the grounds that Burnett is not an expert witness and his opinions of the safety cannot be considered.

Molloy sustained the objection, at which point one visitor shot up from his seat in the galley and said, “This is the biggest f-ing joke I’ve ever seen.”

There is no court Friday, but rather a hearing that begins at 8:30 a.m..  The jury will return Monday morning at 9:00. 

A summary of the charges in the case can be found here, and an illustration of timing implications for evidence, here.

–Kelsey Bernius