Trial date for W.R. Grace criminal case was judge's compromise

U.S. District Judge Donald Molloy compromised Wednesday by setting a May 15, 2006, court date for the criminal trial of W.R. Grace & Co. and its top executives.

Prosecuting attorney Kris McLean had requested a September 2005 trial date. He cited the ill health of many witnesses he plans to call in the case. Grace is charged with conspiring for decades to conceal the health dangers of asbestos at its Libby vermiculite mine.

"Many of our witnesses are slowly dying," McLean said. "We have to have this trial soon."

But defense attorneys argued they need until November 2005 to pore over 2.5 million to 3.5 million pages of documents in the case.

Molloy picked a date halfway between the two, citing the need for a balance between the complexity of the case and the mandate to ensure justice and a timely trial.

"We have to buckle down and get this case to trial," Molloy said in an Associated Press story.

Grace and seven executives are named in a 10-count indictment accusing them of intentionally keeping secret numerous studies about the toxicity of tremolite asbestos dust, a byproduct of vermiculite to which miners, their families and Libby residents were exposed.

Those charged include former mine supervisor Alan Stringer, senior vice president Robert Bettacchi, former director of health Henry Eschenbach, assistant secretary and chief group counsel Mario Favorito, former general manager of operations William McCaig, former senior vice president Robert Walsh and former vice president of mining and engineering Jack Wolter.

All have pleaded innocent.

The federal government has until May this year to disclose all the witnesses and exhibits it intends to bring into the trial, McLean said. The prosecution will have nearly 1,000 exhibits and more than 60 witnesses.

A hot line has been set up at McLean's office to help victims contact the prosecution.

"They'll get their name on a list and will get all the notices and updates," he said.

The hot line number is (406) 542-8851, ext. 3328.

McLean said he expects defense lawyers to file for a change of venue by the Sept. 2 deadline. One lawyer complained about protesters outside the federal courthouse during the pre-trial conference on Wednesday. That may be one reason why the defense wants the trial moved, he said.

Much of the documentation that needs to be reviewed by the defense stems from papers filed in the government's civil lawsuit against Grace over the Superfund site at Libby, McLean said.

"Grace gave the government 2.5 million documents as part of that lawsuit, and we're giving that back to Grace," he said.

Anyone interested in following the case can do so online at www.mtd.uscourts.gov

The Web site will include all motion filing dates and court documents as they're filed.