Judge delays trial for Grace executives

MISSOULA – A federal judge has delayed by four months the trial for W.R. Grace & Co. and seven of its executives, accused of conspiring to hide the health dangers of asbestos-laced vermiculite mined by the company near Libby.

U.S. District Judge Donald Molloy has now scheduled the trial for Sept. 11, 2006.

Attorneys for the mining company and its executives had asked Molloy to move the trial back from its May 15, 2006, date, arguing that the case was too large and complex to meet the deadlines set by the judge.

“After considering the arguments of counsel and the dates discussed for various deadlines in this case, I believe the prudent course is to set trial later than I had first planned,” Molloy wrote Monday.

W.R. Grace and seven of its current and former executives are charged with knowingly placing residents of Libby and surrounding communities in imminent danger of death or serious bodily injury from exposure to asbestos released during operations at its Libby vermiculite mine.

Assistant U.S Attorney Kris McLean had asked for a September 2005 trial date, saying it was necessary in order for some witnesses to testify.

“Many of our witnesses are slowly dying, and many of those are victims and have very much an interest in seeing this case go to court,” the prosecutor said.

However, at a scheduling conference before Molloy, attorneys for the mining company and its executives argued the case was too complex.

“The parties have stipulated, and I concur, that due to the number of defendants, the nature of the prosecution and the existence of novel questions of law, it is unreasonable to expect adequate preparation for the pretrial proceedings or for the trial itself within the time limits established by the Speedy Trial Act,” Molloy wrote.

The plea agreement deadline was set for July 31, 2006.

“It is crucial, however, for the parties to understand that the trial date is firm from the court’s perspective.” Molloy wrote. “This means that the trial date established herein will not be altered for any party’s convenience.”