Judge Donald Molloy recessed trial before it started this morning, saying he’s waiting for a medical report on whether an ill juror is too sick to continue and will have to be replaced by one of the three alternates.
With the jury gone, the judge listened to Grace lawyers scramble to derail or at least severely restrict the testimony of Dr. Aubrey Miller this afternoon.
Dr. Miller was the medical expert on EPA team that arrived first in Libby.
Defense lawyers asked Molloy to disallow some of the material that the physician was going to use to explain the technical issue of asbestos exposure to the jury.
Grace allowed that there was likely asbestos in the lawns and soil of Libby but they challenged the government to prove precisely where the asbestos came from and when it was deposited there.
Another defense lawyer argued that there is naturally occurring asbestos in Libby and demanded that the prosecution prove to the jury know how much is related to Grace.
Molloy indicted that he would decide those issues later.