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Grace Prosecutors Incompetent, Not Malicious: Judge

Law360 (April 29, 2009, 12:00 AM EDT) -- The judge in a criminal case alleging W.R. Grace & Co. and its executives hid asbestos dangers has upbraided the prosecution for spotty compliance with disclosure rules and incompetence, though he stopped short of dismissing the indictment because of prosecutorial misconduct.

On Tuesday, Judge Donald W. Molloy of the U.S. District Court for the District of Montana rejected the defendants' bid to dismiss the case.

The prosecutors have failed to disclose evidence that would have called into question the credibility of their “star witness'” testimony, the...
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