May 7, 2009

• The Missoulian, "W.R. Grace trial: Jury now in control of case"
• Grace Case blog, "Case goes to the jury after rebuttal argument" (University of Montana law, journalism blog.)
• Associated Press, "Jurors receive cases in WR Grace trial"

"Lost"-like time-shifting may be required by the jurors. From The Missoulian story:

Jurors now face the difficult task of determining whether the evidence proves that Grace's alleged criminal conduct occurred within an applicable time frame. For example, the criminal provision to the Clean Air Act, which charges knowing endangerment, wasn't enacted until 1990, the same year the Libby mine ceased operations.

In order to convict, then, the jury must find that Grace committed overt criminal acts not only after 1990, but also after 1999. That's when the contamination was discovered in Libby, triggering a five-year statute of limitations.