MISSOULA, Mont. » A federal judge on Thursday dismissed charges against another defendant in the environmental crimes trial of W.R. Grace & Co. and several former executives.
Before the jury was seated Thursday, and without prompting from the defense or the court, Assistant U.S. Attorney Kris McLean asked that the charges against former executive William McCaig be dropped. U.S. District Judge Donald Molloy quickly granted the request, the Missoulian newspaper reported.
McCaig, who now lives in South Carolina, left the courtroom with his attorneys after shaking hands with the prosecution team.
A day earlier, Molloy questioned how the prosecution intended to prove a conspiracy charge against McCaig, who left Libby in 1988.
"You can't have a conspiracy to do something illegal, can you, if there is no law that makes your conduct illegal?" Molloy asked, referring to the Clean Air Act's criminal statute, which wasn't enacted until 1990.
Molloy dismissed former executive Robert Walsh as a defendant earlier this week, also at the request of prosecutors. That leaves three former executives and Grace as defendants in the case alleging they knowingly allowed human exposure to asbestos from Grace's vermiculite mine near Libby. Lawyers for some residents blame asbestos for killing 225 people and sickening about 2,000 in and around the community.
Defense lawyers say they intend to present their last witnesses Wednesday and the case could go before the jury by the end of next week.
But several motions for acquittal are still pending, which Molloy can either rule on before the jury begins deliberations, or reserve judgment and wait until after a verdict is returned. If the jury convicts Grace and the three former executives, Molloy could still rule that the government failed to prove its case. If the jury acquits, the motions would be dismissed as moot.
After jurors left the courtroom Thursday, Grace attorney David Krakoff confronted Molloy about the judge's inclination to reserve judgment on the motions for acquittal, which he apparently has expressed in chambers.
"Assuming we get a verdict against us, with all due respect your honor, the momentum is always to uphold the verdict of a jury," Krakoff said. "I just believe that it would be a reward to the government."
Molloy responded: "I wouldn't count on your past experience," indicating he is not afraid to tinker with a jury verdict if he believes it is improper.
Earlier Thursday, jurors heard testimony from William Corcoran, Grace's vice president of public and regulatory affairs.
In 2000, Corcoran wrote a letter urging the U.S. Environmental Protection Agency not to declare a federal public health emergency due to asbestos-containing attic insulation, a Grace product used in millions of homes.
Corcoran wrote that Grace's own product testing showed there were no health hazards related to the product unless it was disturbed, and he defended that assertion Thursday. A portion of the letter is included in the indictment against Grace as proof the company obstructed EPA cleanup efforts.
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Information from: Missoulian, http://www.missoulian.com
