Montana Federal Judge Criticizes Prosecutors in Asbestos Criminal Trial

The New York Times reports:

A federal judge on Tuesday said that despite “the failings” of federal prosecutors, he would not dismiss criminal charges against the big chemical products company, W.R. Grace, over the asbestos poisoning of the small town of Libby, Mont.

Judge Donald W. Molloy also said he would not throw out the testimony of the prosecution’s star witness, Robert H. Locke, a former company executive who Judge Molloy has said lied on the witness stand, but would allow Mr. Locke to be recalled before the jury so that defense lawyers may challenge his credibility.

The defense began its case Tuesday morning in the trial of Grace and five of its executives, who are charged with multiple felonies in connection with their operation of a vermiculite mine in Libby. Late in the afternoon on Monday, the judge dismissed all charges against one of the executives.

Lawyers for Grace asked last week for the all the charges to be thrown out after two months of testimony. They accused prosecutors of repeatedly violating court orders to turn over evidence favorable to the defense and of putting on the stand a star witness whose credibility, they said, has since been shattered by information about his character, motivation and relationship with the prosecutors that the jury never heard about.

You'll want to read the whole article.