UM Grace Case

After each defendant had pled his case to the jury, the government was given one last chance to speak to the jury and prove it had met its heavy burden of proving the charges beyond a reasonable doubt.  Kris McLean rose to rebut the closing arguments by defendants W.R. Grace, Robert Bettacchi, Henry Eschenbach, [...]

Kris McLean conceded what has been pounded home throughout the trial: It was no secret to the government that there was asbestos at the Libby mine or that asbestos was carcinogenic.  “The secret was in the products,” he said Wednesday.
One secret in this case, McLean said, was what only defendant W.R. Grace knew: “Despite reducing [...]

In a jury trial, the attorneys are allowed two opportunities to speak directly to the seated jury, during the opening and closing arguments. Closing arguments are generally limited to reviewing the evidence admitted at trial, go over jury instructions, or emphasize important points in the case which may have been missed or forgotten. It is [...]

Defense attorney David Bernick starting his closing argument in court this afternoon by reiterating his theme of the case: “There was no big secret.”  Replete with a big white board and multiple charts, Bernick argued the government presented no evidence that proved any of the charges.
Bernick also argued this case was not about criminal charges, [...]

The day began promptly at 8:00 a.m., with counsel discussing the jury instructions. As the instructions were provided, each party stated its approval or its objections.  Parties must object to preserve their right to appeal. Consistent with its objections throughout the trial, the defense objected to: (1) the definition of asbestos; and (2) the lack of [...]

 Unfortunately, the media was not allowed to sit in on jury instruction argument this afternoon.  Judge Molloy called all of the remaining attorneys into chambers for about 20 minutes, and they emerged with what appeared to be a packet of jury instructions from the Court.  Molloy gave the attorneys fifteen minutes to review the instructions, and during [...]

 Defense attorney David Bernick concluded the defense case by calling the EPA’s Libby On-Site Coordinator, Paul Peronard, back to the stand. Bernick and Peronard sparred for over an hour, with Bernick asking questions regarding EPA Region 8’s role within the larger agency.
Bernick showed Peronard several letters and memoranda to, from, and between EPA employees and [...]

Bettacchi’s defense was in full force today as witnesses were called to demonstrate Grace’s complete transparency regarding the health risks of the Libby property that was sold or transferred after the closure of the mine.
The first witness of the morning, former Libby city attorney Mark Fennessey, testified to the environmental concerns the city had [...]

Thursday afternoon continued following afternoon recess with David Bernick continuing his examination of Dr. Suresh H. Moolgavkar, an epidemiologist and bio-statistician from Bellevue, Washington.
Dr. Moolgavkar testified that EPA estimates overestimate the risk of lung cancer associated with exposure to Libby asbestos and that any accurate risk assessment should have been based on Libby-specific data. [...]

  Late yesterday, Judge Molloy indicated that he would reserve ruling on the defense Rule 29 motions to acquit until after the jury had returned a verdict.
During the week, the parties and the public have waited anxiously for Judge Molloy to rule on the defendants’ motions for acquittal under Rule 29.  The tension mounted throughout [...]