The New York Times reported in late April 2009 that despite “the failings” of federal prosecutors, he would not dismiss criminal charges against the big chemical products company, W.R. Grace, over the asbestos poisoning of the small town of Libby, Mont.
Judge Donald W. Molloy also said he would not throw out the testimony of the prosecution’s star witness, Robert H. Locke, a former company executive who has apparently lied on the witness stand.
The judge dismissed all charges against one of the executives, leaving four to be tried.
Lawyers for Grace had demanded that all charges to be thrown out, accusing prosecutors of repeatedly violating court orders to turn over evidence.
The prosecutors stood before an angry Judge Molloy, and said they were sorry.
“The truth of the matter is that we just dropped the ball,” said Tim Racicot, an assistant United States attorney.
Judge Molloy seemed to think so, responding with barbs about their judgment, ethics and tactics.
Judge Molloy said that he believed almost nothing Mr. Locke had told the jury, and that he also doubted the good faith of the prosecutors, whose members sat stone-faced before him.
“There’s a failure in the process here,” Judge Molloy said, addressing one of the prosecutors. “The question is, What do I do about it? I don’t know what the remedy is here; you tell me.”
The case is about what Grace executives knew from at least the 1970s about asbestos poisoning workers and residents. The company’s lawyers have argued that the government knew of the concerns, too, and did nothing. We knew and did nothing but you knew and did nothing too so it’s ok?
The major question has been whether company studies about dust and asbestos constituted an effort to conceal the dangers, as prosecutors argued, or a good-faith effort to protect workers from those dangers, as the company contends.
As evidenced by the large cemetary, several hundred people in Libby have died from asbestos-related diseases, and many more have been sickened.
The former Grace executives who are charged, all now retired, face up to 15 years in prison if convicted of the most serious charges.
