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Asbestos and contaminated prosecution in Libby, Montana

In Missoula, defense attorneys are aggressively attacking the prosecutors in the criminal trial of W.R. Grace executives. From Bloomberg, "W.R. Grace Will Seek Acquittal, Claims Misconduct":

W.R. Grace & Co. lawyers told a judge that prosecutors' misconduct has irreparably tainted a criminal pollution trial against it and five former executives and they will ask next week for the case to be dismissed.

The lawyers said during a hearing yesterday without the jury present that they will ask U.S. District Judge Donald Molloy in Missoula, Montana, to find the defendants not guilty of all charges related to asbestos contamination in Libby, Montana.

The defense attorneys contend that the prosecution withheld evidence and, again Bloomberg, "that a key prosecution witness, former Grace executive Robert Locke, lied on the witness stand and had an improperly close working relationship with the prosecution team."

Now doesn't that sound like the arguments successfully waged by Sen. Ted Stevens' attorneys, albeit after the conviction? The judge seems to be taking them seriously.

More from The Missoulian, "W.R. Grace defense: Justice Department out of control": "Defense lawyers in the W.R. Grace & Co. trial on Friday said the purported misconduct of federal prosecutors is symptomatic of an errant, win-at-all-costs Justice Department, and urged the presiding judge to dismiss the case."

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.