Libby still waits for justice

Inter Lake editorial

The case touted as one of the biggest environmental criminal trials in U.S. history ended with more of a whimper than a bang last Friday.

After 11 weeks of trial, the jury took barely a day to acquit W.R. Grace & Co. and three former executives of federal criminal charges that they knowingly allowed people in Libby to be exposed to toxic asbestos.

Some people were shocked by the quick acquittal.

But others weren't so surprised by the end result in a case in which nearly 90 percent of the prosecution's evidence was excluded by the judge's rulings, the star prosecution witness was all but indicted for lying on the witness stand and the government was caught concealing evidence from the defense.

The case also was hurt by timing. Criminal charges relating to the Clean Air Act only applied to years beyond 1990.

And by 1990, the damage already had been done. Grace operated the vermiculite mine from 1963 to 1990, and the deadly asbestos fibers by then were ticking time bombs in the lungs of thousands of people.

Challenges raised by both defense attorneys and the judge eviscerated the prosecution's case. And it's always difficult to prove a conspiracy (one of the elements in the criminal charges).

It was no doubt advantageous to Grace that it had deeper pockets to fund its legal battle - the firm had spent $146 million on the criminal case as of March 31 (halfway through the trial), according to Bloomberg News Service.

In the end, there just wasn't enough to prove criminal acts according to the laws under which the case was tried.

That Grace caused massive, long-term damage to the people of Libby is not in dispute: the 2,000 people ill with asbestos-related disease and more than 200 deaths are proof of that.

When Grace and its officials were put on trial, people in Libby were hopeful that there would be some measure of justice for the company that wrought such trauma on the town.

Given the acquittals, that direct justice has eluded asbestos victims.

So now Libby needs to return its attention to the ongoing cleanup of lingering asbestos as well as the treatment of those afflicted with asbestos-related disease. It is a heart-breaking task, but a necessary one, and with or without help from a court of law, the small but determined town will continue to persevere and prosper.