UM Grace Case

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 [...]

The difficulty surrounding today’s hearing is that two separate motions are being argued: (1) a motion for acquittal under Rules of Criminal Procedure 29, and (2) a motion to dismiss for prosecutorial misconduct. However, as the oral argument presented established, both motions are tethered together. The main impetus behind the prosecutorial misconduct issue is the [...]

 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 lunch, defense counsel continued to question Agent Marsden on what he deemed were obvious showings of prosecutorial misconduct. Despite Bernick’s rapid questioning and the imploring of Thomas Frongillo, there was a significant absence of evidence establishing prosecutorial misconduct. Arguably, the defense did not meet the necessary burden of proof. However, by all appearances, Judge [...]