9th Circuit: Molloy erred; crime victims can observe W.R. Grace trial proceedings.

Friday, February 27th, 2009

The 9th U.S. Circuit Court of Appeals has reversed a Missoula judge’s order barring witnesses who are victims of asbestos exposure from observing the criminal trial proceedings of W.R. Grace & Co.
In an opinion filed Friday morning, a three-judge appellate panel wrote that federal district Judge Don Molloy “erred in denying motions to accord rights [...]

Masks and Guns = No Service

Wednesday, February 25th, 2009

As you might imagine, convenience stores and other over-the-counter businesses are getting a little antsy about the string of robberies this month.  A week hasn’t passed lately without at least one new hold-up.
This week, the Noon’s store on Southwest Higgins is fighting back with a little humor. Here’s the sign posted in the window there:
“Hoodies, [...]

W.R. Grace files motion for acquittal on CAA violations

Tuesday, February 24th, 2009

Read the motion here.
W.R. Grace & Co. on Tuesday filed a motion for a judgment of acquittal on the three Clean Air Act violations charged in the government’s superseding indictment.
Remember, defense lawyers have maintained that much of the government’s case attempts to hold Grace accountable for asbestos releases that took place before the applicable law [...]

Opening statements begin in W.R. Grace trial

Monday, February 23rd, 2009

Libby resident protests Monday morning outside the Russell Smith federal courthouse in Missoula. Federal prosecutors and defense attorneys delivered opening statements in the environmental crimes trial of W.R. Grace & Co.
Here’s the story.
U.S. Attorney Kris McLean told jurors that evidence will show how Grace skirted liability and maximized profits by concealing the known hazards of [...]

Judge Molloy metaphor O’ the day

Friday, February 20th, 2009

Molloy to lawyers, regarding their respective roles in the W.R. Grace trial: “I’m the architect, and think of yourself as the electricians; you can change where the switch goes but the plan stays the same.”

W.R. Grace trial briefs

Friday, February 20th, 2009

For a weekend primer before Monday’s opening statements in the W.R. Grace & Co. trial, read the trial briefs filed by government prosecutors and the defense team.
Government trial brief
Grace trial brief (too big to post PDF. Click here and scroll down to document 901).

Jury seated in W.R. Grace & Co. trial

Friday, February 20th, 2009

Well, a jury of 7 men and 5 women has been  seated  in the W.R. Grace trial.
Lawyers on both sides will deliver opening statements on Monday morning. Government prosecutors have two hours to outline their case in chief, while defense lawyers (lead counsel for Grace and each of the five individual defendants) have four hours.
Jury [...]

Jury selection underway in W.R. Grace trial

Thursday, February 19th, 2009

I’m running out of steam, but wanted to give everyone an update on jury selection. Here’s a link to a story I filed over beer cheese soup during the lunch recess. An updated story will appear in Friday’s paper. Be sure to check out Tim Akimoff’s video, too.
What else is there to say? Judge Molloy [...]

Judge denies Grace motion for new trial venue

Wednesday, February 18th, 2009

One day prior to jury selection in the criminal trial against W.R. Grace & Co., a federal judge in Missoula denied a defense request to file a motion for a change of venue.
Read all about it.

W.R. Grace asks judge to move trial. Again.

Wednesday, February 18th, 2009

Attorneys for W.R. Grace & Co. have asked a federal judge in Missoula to move the environmental crimes trial to another community, arguing that a flood of pre-trial publicity “on the eve of jury selection” has biased potential jurors.
Read more