andrew schneider investigates

March 2, 2009

You don’t want to mess with the judge, especially Molloy. He gets things his way.

Filed under: W.R. Grace — Andrew Schneider @ 07:40

You don’t want to mess with the judge, especially Molloy.  He gets things his way.

Some people never get the word, and his morning, I’m one of them.
I’m sitting outside the court room in Missoula. Alone. The gaggle of lawyers and onlookers that always assemble early to grab a setting at the W.R. Grace criminal trial aren’t here.

U.S. District Judge Donald Molloy obviously didn’t like the ruling on Friday by the 9th U.S. Court of Appeals overturning his February decision that scheduled witnesses from Libby who were also victims of Grace’s alleged criminal action could not observe the trial.

He has suspended the trial and told the jury to stay home today. In fact, they’re to stay home until the government brings before Molloy each of the 26 “victim witnesses” who have yet to testify.  As I understand it, they will have to testify before the Molloy without the jury.

The prosecution filed two motions saying there was no need to suspend.

Here’s part of Molloy’s order:

“Beginning on Monday, March 2, 2009, at 9:00 a.m., the United States shall call, one at a time, each of the remaining witnesses listed in Doc. No. 897-3. In a closed proceeding, the government shall conduct its entire direct examination of each witness, including specific reference to any exhibits that may be used in the witness’ testimony before the jury. During the examination the courtroom will be closed to the public and to all other witnesses; only the parties, their counsel and support staff, and the government’s case agents may be present. The jury will not be present.”

More later.


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