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Case to go to jury by next week’s end

Judge Donald Molloy said Tuesday that the W.R. Grace case should go to the jury by the end of next week.
The atmosphere in court was relaxed Tuesday afternoon as Molloy told the jury he expects the proof phase of the case to conclude next Wednesday, after “three or four” more lay witnesses, and perhaps one [...]

Defense: Grace took samples side-by-side with MSHA

The first full day of hearing the defendants’ case began without a ruling on motions to acquit or to dismiss the charges against any individual defendants.
Before the jury entered the room, defense attorney Thomas Frongillo asked  Judge Donald Molloy to clarify his ruling on evidence related to the testimony of Robert Locke, a problematic [...]

Defense examines Lockes’ relationship with the prosecution

After lying under oath in his first testimony, former W.R. Grace employee Robert Locke took the stand one last time Tuesday afternoon.
But this time, he wasn’t asked about Grace, Libby, or even asbestos. He was asked about his special relationship with government attorneys and agents.
With the jurors present once again, Judge Donald Molloy told [...]

Wood calls Locke’s obstruction memo inconsistent with company policy

 A memo circulated among W.R. Grace employees outlining various ways to obstruct a possible government study on worker safety clashed with company policy and went against established ground rules, said former W.R. Grace executive vice president Elwood “Chip” Wood.
Under a direct examination conducted by W.R. Grace attorney David Bernick, Wood countered nearly every aspect of [...]

Defense witness Elwood “Chip” Wood takes the stand

With the jury back in court, defense attorney David Bernick used the testimony of Elwood “Chip” Wood, a former executive vice president for W.R. Grace, to combat allegations that Grace delayed a 1980 NIOSH study and to rebuke statements made by the prosecution’s controversial witness, Robert Locke.
In 1980, National Institute for Occupational Safety and [...]

Molloy will not dismiss trial for misconduct; acquittal question still open

Judge Donald Molloy ruled Tuesday morning that he would not dismiss the W.R. Grace case for alleged prosecutorial misconduct. The understated announcement came after the prosecution had completed its response to the arguments for dismissal or acquittal made by the defense  Monday.
Molloy also ruled that Robert Locke, the former Grace executive who was a [...]

Prosecution drops its case against Robert Walsh

The government dismissed all charges against Robert C. Walsh Monday afternoon.Walsh is a former vice president of W.R. Grace and one of seven company executives originally indicted on federal charges in 2005.
“With respect to Mr. Walsh,” McLean told Molloy in front of a jam-packed courtroom, “The government can not prove its case without a [...]

Molloy: Trust in prosecution almost gone

Judge Donald Molloy said he no longer trusts the government’s lawyers prosecuting the W.R. Grace case because they never once came to him with concerns that testimony of any of their witnesses may have been flawed. 
“From the get-go, I trusted Mr.McLean,” Molloy said during one of several spirited tirades directed at the prosecution team Monday [...]

Defense calls prosecution’s case a ‘dark bloom’

 With the jury out of the room and all attention focused on the defense, attorneys David Bernick and Thomas Frongillo argued that government behavior over the course of the trial rises to the level of “outrageous prosecutorial misconduct,” and that all charges in the case should be dismissed.
“This trial is a dark bloom … a [...]

Perjury abounds, Bernick says

Perjury, perjury, perjury. The act of knowingly lying under oath.
Perjury has been rampant throughout the government’s case, W.R. Grace lead attorney David M. Bernick told a packed courtroom Monday morning in a special hearing to consider defense motions to dismiss the case for prosecutorial misconduct. The jury is not in court today.
According to Bernick, the [...]