UM Grace Case

In an abbreviated afternoon session, prosecutor Kevin Cassidy called Libby, Mont., resident Melvin Burnett to the stand. Mr. Burnett told the jury how he and his wife had operated a timber milling operation in certain buildings on W.R. Grace’s former Export Plant. He said that he had seen “shiny” vermiculite all over the property, which he had leased from Grace, including large and small bags of the product that were left by Grace (which were sold to Mel and Lerah Parker). His testimony stirred a flurry of objections, with Molloy consistently ruling that testimony about indoor releases was irrelevant and therefore inadmissible.

On cross-examination, Grace attorney Walter Lancaster discussed how several samples taken at Burnett’s mill had shown low fiber concentrations. When given the chance to redirect, Cassidy had Burnett testify that he and his employees had spent a significant portion, “about half,” of their time outside, walking around on ground he had already testified was contaminated.

At the close of Burnett’s testimony, with an almost jovial tone in his voice, Judge Molloy excused the jury until Monday. The attorneys and parties then stuck around to take care of some housekeeping. United States Attorney Kris McLean estimated that the prosecution might have only four more witnesses next week, and should be close to finishing with their evidence. McLean, Cassidy and Grace defense attorney David Bernick then offered their opinions on the exact procedure for tomorrow’s hearing on Robert Locke’s testimony. Court will resume tomorrow at 8:30 a.m. for testimony about whether Locke perjured himself, and the potential admissibility of his testimony.

–Mark Lancaster – posted 5:20 p.m.