W. R. Grace Trial Continues

This past week, attorneys for the defense in the W.R. Grace asbestos trial have accused the prosecution of intentionally presenting false and misleading testimony. The defense also believe key evidence has been withheld, which could discredit one witness.

“I think the fundamental integrity of this trial has been irreparably tainted,” said Thomas Frongillo, the attorney representing former Grace executive Robert Bettacchi.

The defense attorneys are now hoping to convince Judge Molloy that the prosecution should be ordered to produce the correspondence between one federal agent and all government witnesses prior to the start of the trial.

Allegations of misconduct were first brought to the attention of Judge Molloy during the testimony of Robert Locke, a former Grace executive who testified that he worked to government studies about the health hazards at Libby’s vermiculite mine.

The small town in Montana has allegedly been contaminated with asbestos dust over the course of several years. Many residents of the town have now developed asbestos-related diseases, including mesothelioma.

Libby is one area that has experienced an increase in asbestos-related illnesses as a result of secondhand exposure to asbestos. In recent years, the number of women diagnosed with pleural mesothelioma and other asbestos diseases have increased due to this type of exposure.

Locke testified the he had been offered immunity in exchange for his testimony, but turned down the offer. Locke testified that he just wanted to “do the right thing.”

But defense attorneys now believe Locke’s motives were anything but honest. A letter from special agent Robert Marsden urged Locke to reject the immunity offer because it might damage his credibility with jurors.

Other documents promised Locke that he would not be prosecuted.

Defense Attorney Krakoff is outraged, stating “This gentleman understood exactly where he stood with the government…He wasn’t going to be prosecuted. He was part of the team from the beginning.”

Judge Molloy then scheduled a hearing to be held on Friday to examine the other possible links between witnesses for the prosecution and federal agents. The hearing will also decide if Locke’s testimony should be struck from the record.