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Prosecution in W.R. Grace Trial Calls Final Witness

The prosecution has called their final witnesses in the federal trial against W.R. Grace & Co.

The company and five former executives are charged with knowingly exposing the community of Libby, Montana to deadly asbestos, and doing so in violation of federal law. Many residents of Libby have now developed asbestos-related illnesses, including mesothelioma.

One of the final witnesses was Dr. Richard Lemen, a former assistant surgeon general.

Lemen told jurors that asbestos-tainted vermiculite mined for decades in the town of Libby by W.R. Grace posed “an imminent risk” to the public.

Grace attorney David Bernick said the doctor was “alone in his theory” and that the words imminent danger could not be found in a peer-reviewed, published study on the Libby asbestos contamination.

Lemen acknowledged that Bernick was correct.

The trial has been colored by the events of last Friday, where attorneys for the defense argued that the case against Grace should be dropped.

Defense lawyers in the W.R. Grace & Co. trial have been outspoken with their harsh criticisms of the prosecution. The defense alleges the misconduct of federal prosecutors is symptomatic of a ruthless Justice Department, and has urged Judge Molloy to dismiss the case.

Robert Locke, a former Grace employee, is believed to have fabricated testimony and possibly perjured himself. Locke left the company and now has a lawsuit pending against the company, which may cause his testimony to be invalidated.

On Friday, Judge Donald Molloy finally agreed with that argument, stating “The man is lying. There is no question in my mind. The guy is a liar.”

Defense Attorney Thomas Frongillo stated “It’s appropriate that the Justice Department recognize the improprieties and dismiss all charges against my client and do it right now. In the interest of justice, the United States Department of Justice ought to step up to the plate and do the right thing.”

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