UM Grace Case

After lying under oath in his first testimony, former W.R. Grace employee Robert Locke took the stand one last time Tuesday afternoon.

But this time, he wasn’t asked about Grace, Libby, or even asbestos. He was asked about his special relationship with government attorneys and agents.

With the jurors present once again, Judge Donald Molloy told them Locke would continue his testimony under certain restrictions because of “some unfortunate occurrences.” Locke’s testimony was originally interrupted to address concerns with his character and reliability as a witness.

Grace lead attorney David M. Bernick outlined those “occurrences” in court Monday when he argued that the U.S. v. W.R. Grace case should be dismissed because of prosecutorial misconduct. He argued that the government and Locke had a “special relationship,” that they concealed that relationship, and that Locke was essentially “part of the prosecution’s team.”

Bernick continued his cross-examination, focusing on Locke’s relationship with the government. Bernick displayed several e-mails that were sent between Locke and Robert Marsden, a criminal investigator with the Environmental Protection Agency.

In one e-mail, Marsden wrote that it was nice to see Locke again and thanked him and his wife for dinner.

“There must be some kind of mistake here,” Locke said when he saw the e-mail. “That didn’t happen.”

Locke said Marsden stopped by unannounced that day. He and his wife happened to be eating lunch and offered to feed Marsden as well.

Bernick asked Locke if he considered himself to be a part of the prosecution’s team and showed him an e-mail he wrote to Marsden. Locke wrote he would be glad to do whatever he could to help with the case.

“Maybe (the prosecution) saw me as part of their team,” Locke said. “But I didn’t see me as part of their team.”

Locke reluctantly said his relationship with Marsden was special.

“I guess,” he said.

Bernick told Locke that Marsden had confirmed it was a special relationship in an earlier testimony.

“Maybe special meant more to him than it did to me,” Locke said.

In another e-mail to the prosecution, Locke offered advice on how to improve their argument in court.

Government attorney Kevin M. Cassidy replied, “Thank you, and thank you for all your help – it meant and means a lot.”

Bernick said the defense team counted that Locke had more than 20 meetings with the government. In his first testimony, Locke said there had been five meetings. He justified his answer by saying that each meeting consisted of several meetings, but they took place on consecutive days, so he counted them as one.

Even so, Marsden said Locke’s answer was “clearly incorrect” during his testimony.

Locke, who was once listed as an unindicted co-conspirator, was offered immunity by the U.S. government – a free pass that would’ve guaranteed Locke’s safety and insured that he could never be punished for actions he’d taken in the past while working for W.R. Grace.

Locke turned down the immunity. Bernick asked if the prosecution advised him to do so because it would make his testimony more credible.

“Maybe. I don’t know,” Locke said.

After a testimony peppered with hesitant pauses and “I don’t know” answers, Locke was excused from the courtroom.

The jury filed out, and Bernick told Molloy the defense would be done with its case by next week.

Thomas C. Frongillo argued that his client, Robert Bettacchi, should be dismissed from the case. The only evidence against him came from Locke’s testimony, and that evidence is now erased from the case because Locke was unfairly biased against Bettacchi.

“It would be sinful for (Bettacchi) to sit here with these charges hanging over his head when there’s such an absence of proof,” Frongillo said.

Court will resume Wednesday morning at 8:30, when Judge Donald Molloy will likely make a decision on the Rule 29 motion, which is a motion filed by defense attorneys to acquit their clients because the judge rules the government has failed to make its case.

 – Carly Flandro (posted 7:32 p.m.)