UM Grace Case

The four remaining lead defense attorneys claimed to have rested their case Tuesday morning, but their stipulations prompted Judge Donald Molloy to recess the jury for a brief hearing. When the jury came back into the courtroom, Molloy said the case could go before them Wednesday.

After resting its case, the defense moved to admit a slew of new documents into evidence, including published animal studies on the effects of tremolite and the e-mails of a dissenting Environmental Protection Agency employee named John Malone, whom neither legal team could find. Molloy asked whether Malone was even still alive. Bernick assured him that he was.

The e-mails supposedly show EPA internal disputes over how best to proceed in Libby and differences of opinion about asbestos science. Government prosecutor Kevin Cassidy argued that the e-mails were not relevant to the case, as they do not reflect official actions and statements made by EPA. Besides, he said, there should always be internal discussion in government agencies to decide the best course of action.

Cassidy said defense witness William Corcoran painted the EPA Region 8 team as a bunch of cowboys out in Denver trying to make waves. The Malone e-mails, though irrelevant, would corroborate this sentiment and undermine the EPA’s credibility with the jury, Cassidy said.

After arguing to omit the e-mails, Cassidy asked that Paul Peronard, EPA director in Libby, be allowed to return to the witness stand to offer testimony rebutting the damaging statements made by Corcoran. Peronard had been sitting in the gallery all morning, his first appearance in court in weeks.

Molloy asked what specific charge Peronard’s testimony would go to, but Cassidy simply expanded on his point about EPA’s credibility.

At first, Bernick seemed opposed to the letting Peronard back on the stand. But as Cassidy got into issues of EPA’s official statements versus the apparent infighting suggested in the Malone emails, Bernick’s demeanor changed.

Molloy remained opposed, saying, “Relate it to a charge, please.”

Bernick jumped in, though, and offered to call Peronard as the defense’s next witness, saying, “If you pull this little string, the whole thing unravels.”

Molloy agreed to allow Peronard back on the stand. He called the jury back, only to dismiss them for lunch. He apologized for wasting their time and said there was a real possibility that the case could go to them tomorrow.

 -Alex Tenenbaum (posted 1:45 p.m.)