Bernick’s cross examination also focused on the fact that the majority of Peronard’s contact with W.R. Grace and Company was through former mine manager, Alan Stringer. Bernick pointed out that because Stringer has died, the only version of what W.R. Grace did and did not divulge to the EPA is that of Peronard.

Seemingly for impeachment purposes, Mr. Bernick attacked Mr. Peronard’s lack of notes on conversation with Grace employees and residents of Libby, and his failure to retain certain correspondence. Bernick also inquired about a piece of evidence which had been eaten by Peronard’s puppy.

In an attempt to lessen the impact of Peronard’s prior testimony, Bernick pointed out that maps which were used as demonstrative exhibits by the United States did not illustrate the many soil samples that did not show asbestos contamination. Bernick produced several of his own maps which illustrated that the majority of soil samples taken in and around Libby did not detect asbestos. At the high school, 85 percent of the samples taken were ‘non-detects.’ Exhibit 699, a map of the middle school showing that 93 percent of the soil samples there were ‘non-detects,’ was received into evidence without objection. Exhibit 704, a map showing that 95 percent of the property around Plumber school did not contain asbestos was received into evidence, also without objection. Peronard explained that even at sites with a high level of asbestos contamination, it was normal that most soil samples would not contain asbestos.

Throughout the last part of the day, cross examination bordered on combative with Peronard being reprimanded by Judge Molloy multiple times for talking over the top of Mr. Bernick. At one point Bernick asked Peronard if he would agree that W.R. Grace ought not have have contemplated donated vermiculite in their responses to the EPA. Peronard responded by saying, “You’ve gotta be kidding me.” Twice throughout the afternoon Bernick interrupted Peronard and successfully moved to have portions of his testimony stricken from the record on the grounds that it was non-responsive.

Court adjourned for the evening at 5:00. Bernick’s cross examination of Paul Peronard will resume on Monday.

-Bert Certain

Judge Donald Molloy will lead the questioning, having reviewed questions submitted earlier by attorneys for the defense and the U.S. government.

University of Montana students from the schools of law  and journalism  will be in court as long as court is in session. They will follow details of jury selection using both Twitter and this blog space. Twitter posts, which are tiny blog bursts, appear at the bottom right of this blog shortly after they are posted. They are limited to 140 characters. You can join Twitter to follow that coverage on your computer or phone.

You will be able to tell which perspective blog posts represent by the icon posted at the lead. Law school students will be represented with the scales of justice, , journalism students by an inkwell .

The Grace Case team looks forward to bringing its readers accurate, timely and accessible coverage of the trial and the evidenciary and other legal issues likely to arise. We look forward to getting to know our readers through the comment section of the blog posts.

– Nadia White and Andrew King-Ries