UM Grace Case

The case against W.R. Grace and five of its former executives – now excluding William McCaig and Robert Walsh who were recently acquitted – was handed over to the jury Wednesday evening after nearly 10 hours of closing arguments from five separate attorneys. The trial, which began on Feb. 19, has been ongoing for nearly [...]

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, [...]

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 [...]

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 [...]

 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 [...]

Defense counsel for W.R. Grace said they have no further witnesses Thursday afternoon after finishing up an hour and a half direct of EPA on-site coordinator, Paul Peronard.
Molloy will instruct the jury first thing in the morning, and the jury will begin to deliberate by tomorrow,  Molloy said.
“Life’s a circle,” defense attorney David Bernick told  [...]

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. [...]