Asbestos trials: another W.R. Grace & Co. defendant dismissed - By: asbestosismesothelioma

Charges against another defendant in the environmental trial against W.R. Grace & Co. have been dismissed by a federal judge. Charges against former executives have also been dismissed.

Charges were dismissed as a result of assistant attorney Kris McLean asking the judge to do so. This happened without the court or defense prompting for the action. The target of the charges was former executive William McCaig. Attorneys’ Kris McLean request was quickly granted by the district judge, Donald Molloy, without any question.

In short terms, the charges were dismissed because actions performed under the authority of mr McCaig weren’t illegal at the time. A law against such activities was only issued a couple of years later.

The district judge also dismissed charges against former executive Robert Walsh, earlier the same week, and also as a result of the prosecutors asking requesting the dismissal. This means that only three former executive and Grace are left defending themselves in the trial that has been filed because of the company allowing for human exposure to asbestos in the vermiculite mining near Libby. The mines are sad to have cause mesothelioma death to 225 people, as a result of mesothelioma cancer, and the infection of roughly 2000 other former employees.

In the shortest of time the defense will bring their last witness and allow the case to go in front of a jury as early as next week. Several dismissal requests are still pending, but it seems that the district attorney is waiting for a verdict before deciding whether or not the state has been able to bring enough evidence. The three former executives and Grace could be held accountable only if Molloy decides they should. It seems clear that the district judge is on the defendants side because after the dismissal of the above, another judge confronted him and he maintained his opinion about the requests, saying that he would alter any decision of the jury if he believes it to be wrong.

As a main evidence against the defendant Grace, a portion of an important letter is held. This letter was sent by a vice president of Grace asking the government not to declare the mines a federal public health emergency as a result of tests being conducted that showed the fact that the products were only dangerous if disturbed. This letter proves that the mining company has obstructed EPA efforts towards removing the mesothelioma risk.

source: http://www.asbestosismesothelioma.org/

About the Author

http://www.asbestosismesothelioma.org

Article Directory Source: http://www.articlerich.com/profile/asbestosismesothelioma/59973

Additional Articles From - Home | Disease & illness | Mesothelioma