Grace files motions to dismiss charges

Special to the Inter Lake

Lawyers for W.R. Grace have filed a number of motions in U.S. District Court seeking to have criminal charges dismissed against seven current or former executives.

Eight motions were filed in federal court in Missoula asking the court to dismiss criminal charges.

In February 2005, a federal grand jury returned a 10-count indictment against the multinational corporation and seven company officials, alleging crimes stemming from Grace's Libby vermiculite mining and mill operations.

They are charged with conspiracy, Clean Air Act violations and other offenses.

Indicted are 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 mine supervisor Alan Stringer; former senior vice president Robert Walsh; and former vice president of mining and engineering Jack Wolter.

All have pleaded not guilty.

Judge Donald Molloy agreed to hold a hearing Feb. 14 to hear oral arguments on the company's newest motions.

The first request to dismiss charges is based on grounds of duplicity.

The company's lawyers argue that one count of an indictment may not charge a defendant with more than one crime.

The second and third motions seek to dismiss three charges against the company and against the "Grace seven" based on the statute of limitations and duplicity. The fourth filing requests three charges be dismissed because the indictment fails to establish that the "alleged release of asbestos breached an emission standard for asbestos set by EPA."

The fifth motion by Grace says the government failed to sufficiently inform the defendants of the nature of the offense. The sixth filing says the indictment fails to allege knowledge of unlawful conduct while the seventh and eighth filings challenge the government's accusation of wire fraud.

The trial is scheduled for Sept. 11, 2006.

Molloy has yet to rule on an earlier request by Grace for a change of venue. The company alleged that "inflammatory" press coverage makes it impossible to find an unbiased jury in Montana.