W.R. Grace Trial Watch: Victim’s petition for writ of mandamus granted
U.S. Court of Appeals overturned Judge Molloy’s decision to exclude victims from trial proceedings
by LibbyMT.com
February 27, 2009
On Friday, February 27, a three-judge appellate panel with the U.S. Court of Appeals granted a writ of mandamus petition by Melvin and Lerah Parker on behalf of victims in the U.S. vs. W.R. Grace trial taking place in Missoula.
The order overturns a February 13th pretrial ruling by U.S. District Judge Donald Molloy which said 34 asbestos exposure victims on the federal prosecutor’s witness list would not be allowed in court to hear the proceedings, except to testify. Molloy had ruled that the people the government identified as victims of asbestos contamination did not meet the meaning of "crime victim" in the Crime Victims’ Rights Act.
The U.S. Court of Appeals ordered the District Court to vacate its order and to conduct further proceedings so that it may make particularized findings with respect to each of the 34 victim-witnesses.
From the ruling:
"Before: HAWKINS, SILVERMAN and GOULD, Circuit Judges.
After review of the parties’ briefs and the record, the petitions for writ of mandamus are granted. The district court erred in denying petitioners’ motions to accord rights to victim-witnesses based on its finding that the 34 victim-witnesses identified by the United States as prospective victims do not meet the meaning of "crime victim" set forth in the Crime Victims’ Rights Act, 18 U.S.C. §3771(b)(2)(D), and therefore are excluded from court proceedings. The district court is instructed to vacate its February 13, 2009 order and to conduct further proceedings so that it may make particularized findings with respect to each of the 34 victim-witness consistent with 18 U.S.C. § 3771(a)(3)."
The trial resumes on Monday, March 2, 2009.
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