On Monday, March 2, 2009, the trial testimony of Paul Peronard continued with cross examination. Defense lawyers cross-examined Peronard about his testimony that Grace officials gave false and misleading statements during the initial phases of cleanup. Peronard had previously testified that misinformation from a Grace spokesman derailed USEPA efforts to assess the scope of Libby's asbestos contamination, which had an impact on the development of an adequate cleanup plan targeting the town's most contaminated area.
Also on Monday, United States District Judge Molloy, in accordance with the decision by the Ninth Circuit Court of Appeals ruling on the Crime Victims’ Rights Act, ordered Mel and Lerah Parker to testify. Their testimony was taken out of order (these things happen at trial – the government had intended to call them as closing witnesses). In its ruling, the Ninth Circuit Court of Appeals instructed Judge Molloy to make "particularized findings" about prospective crime victims who prosecutors intend to call as witnesses, but who also wished to attend the trial proceedings. The Parkers followed Paul Peronard on the stand. The Parkers were the only witnesses who did not fully waive their rights under the CVRA. Once they testify, they can then stay and observe the rest of the trial.
The gist of the Parkers’ testimony was that Grace sold them the land (a tract of old mining property) but did not tell them the land was contaminated with asbestos. The Parkers’ built a home and a nursery on the property. The property was covered with piles of vermiculite (which also contained asbestos) left over from the mining operations. The Parkers used the material in their nursery operations to grow seedlings. The vermiculite was commonly used as a gardening product in Libby, Montana. The Parkers have been diagnosed with an asbestos-related lung disease.
On cross examination, discrepancies were developed between Parker’s trial testimony and his deposition in a civil case (developing the discrepancies is intended to question his credibility). Tom Frongillo, who is representing one of the defendants, Robert Bettacchi, produced a signed document suggesting that Parker knew the property was contaminated (further questioning Parker’s credibility). Cross-examination of Parker will continue on Wednesday, and prosecutors will then call Lerah Parker as their next witness.
There will be no trial on Thursday or Friday.
More later.
As always, feel free to contact me via e-mail at walter.james@jamespllc.com.
WDJiii
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