Prosecutors dismiss one defendant, but Judge lets Libby criminal case continue
Asbestos from the W.R. Grace vermiculite mine near Libby, Montana has caused hundreds to develop mesothelioma, lung cancer and other asbestos-related diseases. Evidence shows that W.R. Grace and many of its top executives knew about the danger to the company’s employees and to Libby residents but they did nothing to stop it. In fact, the company was very concerned about keeping the danger hidden.
But holding W.R. Grace and its executives criminally responsible for their actions has been a difficult task for federal prosecutors. This week, prosecutors have voluntarily dismissed their case against one of the defendants amid allegations that they deliberately withheld evidence of a witness’s bias against W.R. Grace. The prosecutors insist that the failure to turn over this impeachment evidence was an oversight and does not reflect deliberate misconduct.
The judge has clearly been unhappy about the way the case has been handled, and W.R. Grace’s attorneys have pushed hard for a dismissal of the entire criminal case against the company and its former executives. But the judge declined to dismiss the case and has refused to strike the testimony of the witness. Instead, the judge ruled that the witness can be recalled by the defense and cross-examined about his credibility and his bias against the company.
For the full story, go to the New York Times and the Missoulian.
