Grace Trial Delayed

August 31, 2006 - The September 11th start date of the trial of Montana’s W.R. Grace and Company and seven of its executives has been postponed.  A federal judge granted a delay after the prosecution appealed three pre-trial rulings which they say “undermine their case.”

The Baltimore Sun reports that prosecutors are appealing a ruling by U.S. District Judge Donald Molloy made on July 27 to dismiss part of the conspiracy charge that alleges Grace executives knowingly endangered residents of Libby. Molloy ruled that a five-year statute of limitations had run out.  The other two rulings relate to asbestos evidence that Molloy won't allow prosecutors to introduce in court including medical records of sick employees and Libby residents who lived near the mine.

The attorney for the U.S. government, William W. Mercer, contends that Molloy’s rulings had the "practical effect" of excluding much of the government's evidence relevant to the Clean Air Act crimes charged in the indictment.  According to the Sun article, he described the appeals as a “last resort.”

Grace operated a vermiculite mine in Libby, Montana from 1963 to 1990.  The EPA began investigating extensive health problems among workers and community members in Libby in 1999.  The executives have all pleaded not guilty and Grace denies any charges of wrongdoing.