UM Grace Case

Attorneys representing Robert Bettacchi called several witnesses Tuesday morning in order to discuss the export plant that W.R. Grace & Co. donated to the city of Libby, and Mel Parker’s purchase of the screening plant from Grace.

Thomas Frongillo, representing Robert Bettacchi, said that Parker was called to testify again because additional information had surfaced since Parker’s first testimony. Frongillo asked several questions regarding the Parkers’ proposal to buy the mine from Grace and the Parkers’ intention in buying the land for its timber.

Frongillo asked Parker about an Environmental Assessment document of the land. According to the document, the vermiculite ore on the mine land had asbestos in it, which posed a health hazard. Parker made clear that he had never received this document, though the author testified earlier in the case that Parker had received the assessment.

Frongillo showed Parker a transcript from his first testimony, claiming that Parker plagiarized language in his first testimony out of the Environmental Assessment, which would indicate that Parker had seen the Environmental Assessment before. Frongillo showed an illustration comparing the draft Environmental Assessment and Parker Land Management Proposal, showing the two documents to be very similar in wording. Parker repeated that he had never seen the Environmental Assessment.

Defense attorney, Brian K. Gallick representing Robert Bettachi, called Mark Fennessy, a lawyer from Butte, Mont. He has practiced law since 1971 and from 1981 to 2000 worked for Libby as the city attorney.

Fennessy’s testimony focused primarily on several documents outlining communication between Grace and the city of Libby concerning Grace’s donation of the export plant to the city.

The prosecution’s cross-examination focused on whether the city of Libby was made aware of potential health hazards of the land donated from Grace.

The defense then called Joseph Rogan from Winchester, Mass. He worked for Grace from 1988 to 1999 as a controller responsible for accounting, insurance and cash management for the company. The direct-examination focused on showing that the city of Libby agreed to the donation of the land despite knowledge of contamination.

-Kalie Tenenbaum (Posted 10:30 a.m.)