UM Grace Case

The beginning of the end of the W.R. Grace trial started Wednesday morning as Judge Donald Molloy walked jurors through jury instructions and the prosecution started to present its closing argument.
Molloy discussed more than 50 separate instructions with the jury immediately after they entered the courtroom.
“You must not single out some (instructions) or ignore [...]

During the past week, Judge Donald Molloy dismissed two defendants, ruled on two critical motions and revealed a deadline for his ruling on another.
The prosecution said that they didn’t have enough evidence to prove their case against Robert Walsh on April 27 and defendant William McCaig on April 30. Three defendants remain to face the [...]

Yesterday, Judge Molloy ruled to not dismiss the case for prosecutorial misconduct. Law students Nick Lofing and Christopher Orman have been following the issue, studying the case law, and have written a brief article on Judge Molloy’s order. The order reveals Molloy’s views on the judicial process and provides remarkable insight into how he perceives [...]

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 [...]

 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 [...]

Assistant U.S. Attorney, Tim Racicot, opened the afternoon by defending the Government’s theory of its case. Racicot analogized the Grace case to spraying his home for termites, arguing that “I don’t feel great if someone tells me there are not termites in 95% of my house, I am concerned about the other 5%; that [...]

 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 [...]

 Judge Molloy first ruled on the Government’s motion for admission of redacted exhibits.  See Motion.  These rulings are of importance to the Rule 29 motions because the government has signaled that unless the exhibits are admitted, it will drop the conspiracy charges as to defendants Walsh and McCaig.  See footnote 1, page 5 of Government’s [...]

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 [...]

    After the mid-morning break, Judge Molloy lamented the issues brought forth by the discovery debacle.  Molloy stated he would like to balance the interests between the Defendants and the Government, but he’s unsure how.
He questioned Bernick’s request to re-cross Robert Locke, explaining that it would leave Mr. Frongillo, representing Mr. Bettacchi, in a tough [...]