Judge Molloy Limits Expert Testimony
On Monday afternoon Kevin Cassidy called Dr. Richard Allen Lemen as an expert witness for the prosecution. During direct Dr. Lemen indicated that he was a retired epidemiologist for the United States Public Health Service and he was present to testify on behalf of individuals with diseases attributed to asbestos. Judge Molloy corrected Lemen, stating that he was actually present to testify on behalf of the government.
In an attempt to lay foundation for Lemen’s testimony, Cassidy questioned Lemen about his education, experience, publications and general duties. Cassidy tried to illicit testimony from Lemen as an expert in epidemiology and an expert industrial hygienist. After repeated objections from Grace defense attorney David Bernick regarding questions about industrial hygiene, Judge Molloy dismissed the jury to discuss the matter with counsel. Bernick argued that Lemen may testify about epidemiology, but he is not qualified to testify as an expert on industrial hygiene. Cassidy argued that he could lay the proper foundation to show that Lemen is also an expert in industrial hygiene. Judge Molloy quickly resolved the matter by telling Cassidy that the Government only disclosed Lemen as an expert in epidemiology so they do not get to offer him as an expert industrial hygienist, “period.”
The jury returned and Cassidy continued with his direct examination asking Lemen questions about epidemiology. Lemen explained that the task of an epidemiologist is to go to an area where people are getting sick and try to determine why they are getting sick. According to Lemen the basis of all disease is based in the action of material and what it does to cells in the human body.
When asked about his expert opinion regarding the danger of exposure to vermiculite, Lemen testified that exposure to vermiculite is an asbestos related disease. Asbestos related disease is a dose response disease which means that the higher the exposure, the higher the risk of getting the disease. Lemen stated that when fibers are respirable, as they are with asbestos, then the risks start adding up and become cumulative. When asked about Libby in specific, Lemen testified that as long as there is potential for exposure to asbestos in the community, then there will be a substantial risk to the individuals in that community.
-Shannon Foley (5:00 p.m.)
Posted: April 20th, 2009 under 1.