Grace wants asbestos trial moved out of Montana
Attorneys claim Montana jury pool is biased
November 8, 2005
On Thursday, December 1st, attorneys for the W.R. Grace Libby asbestos case will be in court in Missoula to hear issues and schedule future court dates. The biggest issue on the table is whether or not the trial will be held in Montana, or moved to another state, based on W.R. Grace’s contention that the Montana jury pool has been contaminated.
On October 14th, attorneys for W.R. Grace filed a motion to have the Libby asbestos case moved out of Montana. Grace attorneys contend that media coverage over the past six years has so biased the Montana jury pool that W.R. Grace will be unable to get a fair trial in the state. Grace attorneys list Salt Lake City, Utah; Seattle, Washington; Boise, Idaho; and Minneapolis, Minnesota as suitable alternatives for the trial.
W.R. Grace wants a change of venue without hearing oral arguments. Federal prosecutors filed a response in U.S. District Court rejecting arguments that the case should be moved out of the state, stating that the presumed prejudice based on media coverage is not warranted.
W.R. Grace owned and operated the Libby vermiculite mine and vermiculite processing facilities from 1963 to 1990. Indictments against the company and former executives were issued in February, charging the company with knowingly exposing mine workers and Libby residents to deadly asbestos contamination.
Charges filed include conspiracy, wire fraud and Clean Air Act violations in the operation of the Libby Zonolite mine. W.R. Grace has categorically denied the charges in the indictment.
The case is scheduled to go to trial on September 11, 2006.
Victims in this case can keep informed of the status through the federal Victim Notification System (VNS), which is designed to provide information about the case as it proceeds through the criminal justice system. Current information about this case is available on the internet at www.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767).
Related Links:
Feds file against venue change (The Western News, 11/4/05)
W.R. Grace’s response to indictment (W.R. Grace website)
W.R. Grace indicted in Libby asbestos deaths (Seattle Post-Intelligencer, 7/8/05)
W.R. Grace indicted in asbestos suit (LibbyMT.com, 7/7/05)
W.R. Grace respondes to indictment (LibbyMT.com, 7/10/05)
W.R. Grace Execs plead Not Guilty (LibbyMT.com, 7/23/05)
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