UM Grace Case

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 [...]

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 [...]

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 [...]

 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 [...]

   The parties have filed their motions and briefs on the Rule 29 Motions for Acquittal and the Motions to Dismiss for Prosecutorial Misconduct.  The motions will likely be argued Monday, April 27, a day reserved for legal arguments outside the presence of the jury.  The prosecutorial misconduct issue must be resolved before the Rule [...]

   After a short court week, the parties will return to court Monday morning for arguments on two different pending motions:  motions for dismissal due to prosecutorial misconduct and motions to acquit for insufficient evidence (Rule 29 motions).
The intersection of these legal manuevers by the defense places the case in an interesting procedural position.  The [...]