Miller’s testimony continues through objections
Using Grace documents, most dated prior to 1990, the year the Clean Air Act was amended to criminalize key allegations in this case, Miller explained how the company tested or vermiculite asbestos and gave his opinion on the results of those tests.
Miller explained “time-weighted averages,” or the amount of asbestos a Grace worker was exposed to in a typical eight-hour shift. He found that, according to the Grace documents on hand, some of the results showed that workers were exposed to dangerous levels of asbestos. The documents also pointed to tests showing high levels of asbestos in attic insulation and in the “time-weighted averages” of consumers of the company’s vermiculite.
Grace tested attempts to control the amount of asbestos fiber released but found that they ultimately failed, according to Miller and two Grace documents dated prior to 1990.
Miller’s testimony came with a slew of objections from the defense, most of which dealt with relevance and the time limits on evidence. This caused Judge Donald Molloy to repeatedly remind the jury that, because of the 1999 statute of limitations, none of the found asbestos levels were “illegal” at the time.
At one point, one defense attorney attempted to explain her objection to a proposed government exhibit. Molloy, who has made clear he wants objections to be filed succinctly by reference to the legal grounds for the objection, interrupted her, saying, “don’t give me a speech, just tell me what your objection is.”
Defense attorney David Bernick remained quiet throughout the proceedings leaving the objections to a second Grace attorney who lodged more than fifteen objections in the span of two hours.
- Nate Hegyi (posted at 1:46 p.m)
Posted: March 10th, 2009 under News.