WR Grace Seeks Trial Delay

May 19 , 2006 - WR Grace Company is attempting to stall the trial in a case brought against them by the U.S. government, saying that they’ve had inadequate time to prepare for the high-profile court trial.  According to the Associated Press, a federal indictment accuses Grace and seven of its high-ranking officials of conspiring to conceal health risks posed by the company's mine in Libby. Hundreds of people in the northwestern Montana town have been sickened with mesothelioma and other asbestos-related diseases due to continuous asbestos exposure from the WR Grace mine. Many have died and continue to die, though the mine has been closed for 16 years.

The trial is set to begin on September 11th and defense attorneys have been given a generous 18 months to prepare their case.  Lawyers for Grace, however, note that they need more time to review the ever-growing list of witnesses and the thousands upon thousands of documents related to the case.  For example, in early May, the Environmental Protection Agency (EPA) filed about 400,000 documents pertinent to the case.  Another 1.4 million documents were filed previously.

Prosecutors, however, contend that the documents were available for quite some time and that the months given to prepare should have been ample.  They believe their side of the case will encompass about 8 or 9 weeks, after which time the defense may present their side.  Since this could possibly be interrupted by the winter holidays, the defense has noted that they’d prefer to start the trial in early 2007.

The judge was also asked to consider motions to dismiss charges on grounds that too much time has elapsed since offenses in Libby allegedly occurred, according to Susan Gallagher of the Associated Press. 

“Memories have faded; witnesses have died,” said David Krakoff, representing defendant Henry Eschenbach, former Grace Health Director. “Some of the dead were people who would have provided effective defense testimony,” Krakoff added.

The defense has also requested that the case against the company be tried separately from the case against WR Grace’s officials, fearing a “mega trial.”