Trial Watch: USA v. W.R. Grace
Judge restricts prosecution’s opening statements to jury
by LibbyMT.com
February 17, 2009
Below is more news following the upcoming trial of W.R. Grace. The trial is being held in bankruptcy court in Missoula, Montana. Jury selection begins on Thursday, February 19th:
Judge restricts what can be said by prosecution to jury in opening statements
Judge Donald Malloy has issued an order restricting what the prosecution can say during its opening statement to the jury.
One of the directives is that "the Government cannot mention either "victims" or use the term "tremolite" in reference to Libby amphibole during its opening."
As part of the explanation of the judge’s reason for limiting what the prosecution can say in its opening statements in the trial, Judge Malloy cited earlier court rulings including these statements:
"The prosecutor’s opening statement "should be an objective summary of the evidence reasonably expected to be produced, and the prosecutor should not use the opening statement as an opportunity to poison the jury’s mind against the defendant or to recite items of highly questionable evidence."
and
"A court can exercise its discretion to exclude irrelevant facts from opening statements and prevent parties from arguing during opening, in order to ensure that a trial is fairly conducted and the defendants’ rights are protected."
Court case reference: CR 05-07-M-DWM
On the web: http://www.mtb.uscourts.gov
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