On Friday, May 8, 2009, after about 36 hours of deliberations, the jury found W.R. Grace and the remaining executives not guilty on all counts. The verdict came after an eleven (11) week trial. The USDOJ had no comment and was uncertain as to whether it would appeal. When the indictment was handed down, the government asserted that W.R. Grace conspired to knowingly release the asbestos, and then tried to hide the dangers from employees, residents and the government. In response, the defense claimed that Grace had worked for years to clean up the facility.
It is somewhat surprising that the government did not come away with at least a conviction on one or two counts. The verdict is a reflection of the evidence heard by the jury; but did they hear all of the evidence? Too many times the USDOJ indicts and then throws all of the mud on the wall to see what sticks. Perhaps the USDOJ should take a more critical look at the cases and indict only where they have the evidence to convict? That is really not the answer; however, this case, along with the Ted Stevens dismissal, screams for more oversight of the prosecutorial function. Is the answer, in environmental criminal case, for the USDOJ to take back control of the cases (and the type of case) as it once had?
Who knows? But, chalk this one up for a defense win (in a Big Way); and kudos to the defense lawyers who work so hard for the acquittal.
More later.
As always, feel free to contact me via e-mail at walter.james@jamespllc.com.
WDJiii