UM Grace Case

Judge Donald Molloy has not yet reached a decision on whether the testimony of Robert Locke can be included in the case, and his final judgment will not come until legal briefs are supplied by both sides, Molloy said during court Tuesday morning.
“I am not prepared to do it in the absence of knowing [...]

David Bernick changed his tune Tuesday morning, saying that he would like the opportunity to cross-examine Robert Locke on his relationship with the prosecutors. On Monday, the lead attorney for W.R. Grace had told Judge Donald Molloy that even if none of Locke’s testimony was stricken, the defense did not want to put Locke [...]

At promptly 3:00 p.m., prosecutor Kevin Cassidy got to the main theme of his direct examination of Dr. Lemen. When Cassidy asked if he had an opinion about whether there was an imminent risk of exposure Dr. Lemen said yes. David Bernick promptly objected for lack of foundation, but the objection was overruled and Dr. [...]

A series of increasingly testy exchanges was eventually interrupted by a rebuke from Judge Donald Molloy, as defense attorney David Bernick cross-examined government witness Dr. Richard Lemen on Monday.
Bernick began by pointing out that Lemen was receiving $350 an hour for his testimony, $50 less than his usual rate.  Bernick characterized this as a “government [...]

The defense played offense during a special hearing Friday as W.R. Grace & Co. attorneys sought to prove the government’s case to be riddled with problems of perjury and prosecutorial misconduct. Judge Donald Molloy yet to rule on the defense’s allegations. If either of them are found to be true, the case could be [...]

After lunch, defense counsel continued to question Agent Marsden on what he deemed were obvious showings of prosecutorial misconduct. Despite Bernick’s rapid questioning and the imploring of Thomas Frongillo, there was a significant absence of evidence establishing prosecutorial misconduct. Arguably, the defense did not meet the necessary burden of proof. However, by all appearances, Judge [...]

 Judge Donald Molloy ended Friday’s court session by saying that he hoped that the way the government has handled and presented this case is not an example of government business as usual.
After EPA criminal investigator Robert Marsden left the stand, defense attorneys argued that Molloy should dismiss the case against W.R. Grace and its executives. Defense attorneys [...]

With the jury still out of the room, Defense attorney David Bernick continued his cross-examination of EPA agent Bert Marsden this afternoon, questioning him extensively about Robert Locke, a former Grace executive and government witness who may have perjured himself several weeks ago.  At issue were emails sent between Marsden and Locke, whether Locke was [...]

The arguments about Robert Locke’s testimony and the government’s failure to disclose evidence continued with David Bernick attempting to establish that both were part of a pattern which represented a “fundamental structural problem.”
Although Judge Molloy characterized Locke’s testimony as an effort to “hijack” the government’s case, Bernick rejected this characterization insisting that Locke was invited [...]

By the end of Monday, the tables had turned, and it was the defense alleging a cover up, accusing prosecutors of coaching and otherwise influencing witnesses.
Without the jury present, three of the defense attorneys asked Judge Donald Molloy to become a referee and force the prosecution to divulge a wide array of documents showing [...]