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Tag: 104E

Government lists documents it says support the “secret”

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 [...]

Arguments and Charts by Defense

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, [...]

Prosecution closes: Hold defendants accountable

Wednesday morning, the prosecution packaged its entire case into three hours for the jury, connecting specific evidence with each of the eight counts against W.R. Grace and the remaining three defendants. Government attorney Kris McLean covered the conspiracy count, followed by attorney Kevin Cassidy outlining the remaining counts of knowing endangerment and obstruction of [...]

Former Grace council lawyer, Coggon, testifies about 104E request

 Wednesday afternoon’s court proceedings heard the testimony of defense witness Katheryn Coggon, a Denver-based lawyer who worked as outside counsel for W.R. Grace following the EPA’s 104E request for information in 1999.
According to Coggon, a 104E is a process in which the government seeks information from a company related to an ongoing Superfund cleanup. “It’s [...]