The 9th U.S. Court of Appeal has overturned Judge Donald Molloy’s order keeping victims of asbestos exposure who will testify in the W.R. Grace criminal trial from observing the proceedings.
A three-judge panel ruled today that: “After review of the parties’ briefs and the record, the petitions for writ of mandamus are granted.
“The district court erred in denying petitioners’ motions to accord rights to victim-witnesses based on its finding that the 34 victim-witnesses identified by the United States as prospective victims do not meet the meaning of”crime victim” set forth in the Crime Victims’ Rights Act and therefore are excluded from court proceedings.”
The order told Molloy to let them in.
It will be interesting to see what his honor will do when the trial reconvenes on Monday.