Pre-Trial Arguments in W.R. Grace Trial

July 21, 2006 - This week, pre-trial oral arguments began in the case of the U.S. government versus seven W.R. Grace Company executives who are facing charges of conspiracy, clean air act violations, and obstruction of justice.

The seven men have been accused of knowingly sickening several hundred residents of Libby, Montana – the site of the company’s vermiculite mine, and withholding information from the government.  Libby has one of the highest rates of asbestos-related diseases in the world and more and more individuals – including both those who worked at the mine as well as community members – are diagnosed with asbestosis or mesothelioma each month.

According to a report by KPAX-Montana, pre-trial motions filed with the court include a motion to exclude victims’ testimony.  Lawyers for the defendants believe that they would face “severe prejudice” if the plaintiff were to put mesothelioma sufferers on the stand to testify against Grace during the trial.  The attorneys also maintain that the victims’ health problems arose prior to 1999, before the defendants become criminally liable.  The government, in return, has argued that there continues to be health affects from the asbestos after 1999.

The defense is also trying to eliminate a “story” the defense plans to tell about how Grace poisoned Libby residents.  They maintain that the trial should “address the crimes charged in the indictment, not tell stories.”