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Geologist and epidemiologists take the stand

inkwell.jpgThe defense raced closer and closer to finishing their case early Thursday afternoon as two witnesses, a former W.R. Grace geologist and epidemiologist took the stand.

Geologist Eric Moeller, who now does independent consulting for mining companies, found out two days ago that his testimony would be needed this week in Missoula.  Moeller was then in Europe for both business and vacation purposes. He said he hopped on a plane and from Zurich, Switzerland, to Los Angeles to San Francisco, to Denver and finally Missoula, he arrived in town about an hour before his testimony.

Moeller told of his relationship with defendant, co-worker and friend, Alan Stringer, who died in 2007. The two were quite close and they frequently skied together outside of work at Turner Mountain. Moeller said he thought  Stringer would never engage in criminal activities and that he took an active and positive role in the community. Moeller was also involved in a 2004 government deposition about the condition of  the mine.  Moeller did work in Libby until 1984, but later moved to Cambridge, Mass., to work for Grace as a sales manager. Moeller said that Stringer continued to call him and ask him questions that the Environmental Protection Agency had been asking him about conditions in Libby.

Moeller had worked and driven company trucks on Rainy Creek Road and said that the dust didn’t seem to be an  problem when he worked at the Libby Mine. “It’s a mining operation, it’s somewhat dirty. All the mining equipment was pressurized, clean air blown in. The dust wouldn’t get back into the cab. This is not pick and shovel mining anymore,” Moeller said.

The second witness of the afternoon was Dr. Suresh Moolgavkar.  He is an epidemiologist and biostatistician. Bernick began his direct examination of Moolgavakar’s by listing the scientist’s many accomplishments.  Moolgavkar spent his time before the afternoon recess prepping the jury on understanding the scientific method and stopped testimony for the afternoon recess just after 3 p.m.

 -Kelsey Bernius      (posted 4:45 pm)    

Comments

Comment from Terry Trent
Time April 30, 2009 at 4:34 pm

Hmmm….in this lull I think I might ask about the Corey Rumple “memo”. I am interested to know, and please law students correct me if I am wrong, if criminal intent is a prerequisite to being convicted? I think not. Just humorously, I am certain that all of WR Grace employees woke up each morning and counted their great fortune since their diabolical plan of killing off 10% of Libby and causing illness in another 20% was coming true! And yielding great profits to boot!

Corey states in his memo, but by no means covers it all, that EPA was misleading Libby. Misleading Libby to their deaths and diseases! Hmmm, similarly I don’t imagine EPA employees wake up each day and count themselves lucky that they are misleading people? But they do follow certain philosophies each day. Rule #1 Don’t get fired Rule #2 Remember to check on your next pay raise Rule #3 Try to get better health insurance and retirement benefits Rule #4 Act as if I know what I am talking about…arrogance covers almost all sins of ignorance..if in doubt publish a brochure that lets the natives know I know what I am talking about Rule #5 Don’t ever panic the people….even if they need to be panicked…even if they deserve the truth…never ever ever panic the people…see Rule #1. Repeat Rules 1 thru 5 for 38 years or until retirement or whichever comes first..ignore the damage I caused for all those years.

So, if the thinking ends up in death and disease for a relatively large human population, even thinking that we do not recognize readily as criminal thinking…then what do we do? Console them for their errors in life? Negligence is a crime. Intentionally misleading the public is forbidden by our constitution. There are entire suites of negligent crimes and these prosecutors would have been much more successful if they had simply thought about that in the beginning. Corey Rumple has just detailed to all of us, a piece of negligent criminal thinking but places the caveat on it that there apparently needed to be criminal intent. Ha! I’ll be sure to inform the next drunk driver who runs over somebody and kills them, that they are innocent because it wasn’t their intent.
TTrent

Comment from Jose Jimendez
Time April 30, 2009 at 5:31 pm

Please Terry. You don’t need the second paragraph. It doesn’t further your cause to ally yourself with the likes of Mike Crill. Stick to the facts which you know so well. Leave the nonsense to others.

Comment from DC Orr
Time April 30, 2009 at 6:24 pm

Jose;
I live in Libby and Terry…and Mike are not off the mark. I sat in a meeting on Monday where our State Highway Department was being asked by EPA to take action to avoid exposures on a stretch of Highway 37 that has visible vermiculite on the shoulders. This stretch is adjacent to the first piece of land to be a candidate for a Record of Decision called Operable Unit 1. The road is about 75 yards long between the RR viaduct and the Kootenai River Bridge and has been identified as being contaminated. Our Highway supervisor explained to EPA that that 75 yard stretch of road had been rebuilt with virgin material in 1999. the year EPA came to save us. Grace closed in 1990. The only trucks hauling vermiculite on that stretch of road are the EPA contractor trucks hauling contaminant to the mine. These trucks do not have to “contain” the material when hauling because we are in emergency procedures. They have spread this stuff all over town. I hope Mike is wrong and this stuff is actually non-toxic.
Cory Rumples report does show that EPA personnel and contractors are as guilty of knowing endangerment as any Grace executive.
DC

Comment from Terry Trent
Time April 30, 2009 at 6:47 pm

Thanks Jose – You are right of course, and I thank you for pointing it out. It is all in the presentation, as you suggest. DC Orr is correct too. I am just as frustrated I suppose as the next guy, and even more so when I get ideas that this all may fade away without our combined effort to make all of it stick. Makes me lash out a bit, in ways that are not very pretty…….but could be worse.
Thanks,
Terry

Comment from neil nelson
Time May 1, 2009 at 8:00 am

They say that the insulation is not harmful unless improperly disturbed, an atomic bomb is still an atomic, unless it is improperly distur bed.

Comment from Terry Trent
Time May 1, 2009 at 9:56 am

The interesting thing about the insulation is that many samples have been taken from houses, mostly in Canada, and no mineral fibers are found in it!! I am not certain this will hold in all cases. But, it makes one wonder where the fibers went?

This is not the case for the fire proofing product used to coat steel in Institutional and Commercial buildings. That stuff is loaded with fiber.
TTrent

Comment from Mike Crill Missoula,Mt
Time May 3, 2009 at 3:48 pm

Jose, I suggest the likes of mike crill, fall on your deaf ears and ignorant mind as the truth is inhaled/swallowed with each breathe. I burn this in your soul…I told you so.I told all you so…Stay away from Libby Mt.Libby is not safe to anything that breathes. The truth Jose.

Comment from Mike Crill Missoula,Mt
Time May 3, 2009 at 9:38 pm

Terry, never fails, always some yoyo who don’t know pooh even when he is full of it. I hope my friends respect me for who I am and what I do.Not the means, I do things by. At the end of my day I take time out and pray for one human being who will come across this madness and see this madness to where they will educate themselves to the truth for which the truth will save them. At the end of the day I can and do, go to sleep knowing I tried and I did something and I did save a life from a life like mine. And all those who judge me with out a clue, I just hope you too will learn the truth if not for you but for those we leave behind. Our children and theirs is all that matters and living and breathing and dying from Libby air is not worth the price, your whole family pays for generations. Walk my shoes only, this time you were told/warned… Your welcome.

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