Missoula, MT-On Feb. 7, 2005, U.S. Attorney Bill Mercer made an announcement from the steps of the county courthouse-seven executive level representatives of W. R. Grace & Company, the Montana-based chemical and mining giant, had been indicted on multiple criminal charges relating to the company's alleged cover up of violations of worker safety and other federal regulations. The seven men are specifically charged with the wanton and lawless disregard for the health and safety of its workers by conspiring to expose them to potentially deadly levels of asbestos-a known carcinogen. "A human and environmental tragedy has occurred," Mercer said. "This prosecution seeks to hold Grace and its executives accountable."
Scientific studies confirmed long ago that exposure to any form of asbestos poses a significant threat to health. Particularly worrisome are microscopic, airborne asbestos fibers that can be inhaled into the lungs where they can remain hidden and dormant for 20-50 years before finally causing the onset of serious malignant disease. The most virulent of all the asbestos-caused diseases is malignant mesothelioma, an aggressive, deadly, and incurable form of lcancer. The government alleges Grace knew of the danger to its workers, but simply didn't care.
The 10 count indictment charges the seven Grace men with conspiracy, knowing endangerment, obstruction of justice, and wire fraud. Today, nearly four years after the charges were filed, lawyers are preparing for pretrial arguments that will impact on what evidence a jury will be allowed to hear at a trial that is scheduled to begin on Feb. 19 and is expected to last three months.
The government's 49 page indictment charges Grace with willfully and knowingly exposing workers to cancer-causing asbestos that was contained in millions of tons of vermiculite that came from the Grace mines near Libby, Montana. Vermiculite is used for insulation, gardening, fireproofing and other industrial needs, and Grace shipped the hazardous material to over 270 processing plants across the country. Subsequent to the indictment's announcement, Grace's public relations firm released a statement saying the company, "Categorically denies any wrongdoing, and it (Grace) is looking forward to setting the record straight."
As one of the outcomes of numerous employee and governmental civil suits against Grace, a company that sought Chapter 11 bankruptcy protections in 2001, Grace has agreed to pay $250 million in cleanup costs associated with the decontamination of the town of Libby. Civil violations aside, the ultimate price may come when the seven indicted Grace executives face a jury that could send some of the company men to prison for up to 70 years.
W. R. Grace Lawyers Seek to Limit the Evidence
In pretrial arguments, government attorneys will seek to convince U.S. District Judge Donald Molloy to allow into evidence the testimony of prosecution witnesses who have knowledge of indoor air quality studies conducted by Grace, studies that prove the company knew asbestos posed significant health risks to those who are exposed to it. For the defense, Grace lawyers will argue that indoor air quality studies are irrelevant in a case that charges outdoor asbestos exposures to injured workers.
Prosecutors will counter with their argument that any reasonable person can infer the harm from deadly asbestos, whether in an indoor or outdoor setting. All eyes and ears will be on Judge Molloy's ruling on this pretrial motion and many others that are expected to follow. All told, between the prosecution and the defense, a total of over 30 attorneys are expected to be in attendance at the courthouse for what promises to be a contentions trial, indeed.
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