A less than one minute statement about the Libby asbestos case -- that's all federal attorneys are going to say after years of prosecuting one of the largest environmental criminal trials in U.S. history.
When we contacted Bill Mercer he declined to do a specific interview, even though the gag order is now lifted by U.S. District Court Judge Donald Molloy. However, he did offer this statement coming just a little more than a month after a jury acquitted W.R. Grace and three of its former executives.
"Due to the adverse rulings during the previous trial and the verdict the government decided not to pursue pending charges against the remaining defendant Mario Favorito. The government remains committed to its important environmental enforcement mission and it should be clear that the vanities or individuals commit federal environmental crimes; they can expect their acts will be investigated and prosecuted as appropriate. The government will not be deterred from bringing complex environmental cases and seeking justice for all those involved including crime victims."
Favorito was involved because he negotiated studies on how workers were affected by Libby asbestos. His attorney says Favorito is pleased and relieved the case is closed.
While we heard from all the other defendant attorneys when the verdicts were announced last month, Mercer says neither he nor Assistant U.S. Attorney Kris McLean will have more to say about the trial right now, saying the prepared statement is enough.
(from June 16, 2009)
U.S. District Court Judge Donald Molloy in Missoula has granted the motion to dismiss the charges against the last defendant in the W.R. Grace asbestos case.
As we first reported on Monday, federal prosecutors asked for the charged against O. Mario Favorito to be dropped.
The move comes about a month after a Montana jury found W.R. Grace and its former executives not guilty on charges conspiracy and fraud.
W.R. Grace and its executives had been accused of covering up the asbestos contamination from the company's asbestos mining operations in Libby.
Federal prosecutors have dropped the charges against the final defendant in the Libby asbestos trial, one month after a Montana jury dismissed the case against his former co-workers.
O. Mario Favorito was one of seven defendants originally indicted by a federal grand jury five years ago, along with W.R. Grace. They had faced conspiracy charges in efforts to cover up the asbestos contamination from the company's tremolite mining operations in Libby.
Favorito's case was separated from the others in July of 2006 when the court determined there were possible conflicts that could prevent him from defending himself.
He was supposed to go on trial in September along with co-defendant Alan Stringer, who died of cancer two years ago. But last month, a jury returned not guilty verdicts against W.R. Grace and the other defendants, effectively undermining the government's case against Favorito.
We contacted Favorito's defense attorney Stephen Jonas who told us "I think in light of Judge Molloy's admonitions against speaking with the press about the case, I should decline".
(from June 15, 2009)
Federal prosecutors are dropping charges against the final defendant in the Libby asbestos trial, a month after a Montana jury dismissed the case against his former co-workers.
O. Mario Favorito was one of seven defendants originally indicted by a federal grand jury 5-years-ago along with W.R. Grace, accused of criminal conspiracy in efforts to cover up the asbestos contamination from the company's asbestos mining operations in Libby.
Favorito's case was severed from the others in July 2006 when the court determined there were possible conflicts that could prevent him from defending himself. He had been scheduled to go on trial in September along with co-defendant Alan Stringer. Stringer died of cancer two years ago.
But last month a jury returned not guilty verdicts against Grace and the other defendants, effectively undermining the government's case against Favorito.
Favorito had held a number of positions while working for Grace, including corporate legal counsel and an assistant secretary for Grace and the company's chief group counsel.
We contacted Favorito's defense attorney, Steven Jonas, and he told us "I think in light of Judge Molloy's admonitions against speaking with the press about the case, I should decline."
-Dennis Bragg reporting from KPAX in Missoula with information from Irina Cates
