Paint company lawyers displayed a big color photo of the green-and- white Providence Victorian in their opening arguments. They said it was an example of many older houses in Rhode Island that were treated with lead paint but remain safe because of good maintenance.

State lawyers said they hired inspectors who went to the house and found levels of lead-paint dust far exceeding state safety standards. A child who lived at the house also had elevated lead levels, they said.

"The most critical moment of this case is right now," state lawyer Leonard Decof said as he launched into a two-hour argument with defense lawyer John Tarantino over whether the inspectors should be allowed to testify.

However Superior Court Judge Michael A. Silverstein ruled would be critical to the trial's outcome, both sides insisted, and would probably also serve as the basis for a legal appeal by the losing side.

Silverstein, noting the dispute is "very significant and serious," said he would rule this morning.

Decof said the picture of the house was the keystone of a "well-designed and clever defense" that repeatedly raised the maintenance issue so jurors would think that lead poisonings are solely the fault of property owners.

"Their entire case is based on this," he said. "They have one argument -- if a property is well-maintained, it's not a nuisance. But that's a great oversimplification. And this [the photo] is an absolute distortion of the record."

He said defense lawyer Donald Scott displayed the photo of the Providence house and said it represented many houses in Rhode Island.

"They're not peeling. They're not flaking. They are not creating any lead dust. And they are safe," Scott said, according to a transcript of his opening statement read by Decof.

Decof also said his inspectors checked out a house that the defense used an an example of poor maintenance. They found it was empty, posing a threat to no one.

"This situation was created by the defendants," Decof said. "A false impression has been given to the jury. We want the right to set the record straight and give the jury true facts. The defendants are asking us to compound a misrepresentation, to cover up a wrong."

Tarantino said the defense had no idea the house had lead problems. Its location wasn't specified in the trial and its photograph was simply used for illustrative purposes and was not entered as evidence. He said the judge ordered both sides to avoid specfic cases and victims when presenting their cases about whether lead is a public nuisance.

Tarantino said the judge had warned the jury that the opening statements were not evidence. He said Decof was trying to enter rebuttal evidence to "non-evidence."

But Decof, citing his own textbook, Opening Statements, said lawyers don't have the right to say something that's untrue in their opening statements. And when they do, the other side can offer rebuttal.

"If an attorney can make a statement that is central to the case, pivotal to the case, encapsulates his entire defense -- and it's demonstrably false, where do you draw the line?" Decof asked.

The defendants are Sherwin-Williams Co., American Cyanimid Co., Atlantic Richfield Co., E.I. duPont deNemours & Co., NL Industries, Millennium Inorganic Chemicals Inc., ConAgra Grocery Products Co. and Cytec Industries.

Also yesterday, as the state neared the end of presenting its case, state lawyer Fidelma Fitzpatrick told Silverstein that the paint companies have paid two consulting companies nearly $400,000 to prepare reports and displays for the trial, but haven't shared copies of their work and other information sought by the state.

Tarantino argued that both consultants have turned over information but both are still preparing presentations. Silverstein ordered the defense to turn over all its paperwork by day's end.

Yesterday morning, under cross-examination by Tarantino, state health director Patricia Nolan acknowledged that the state Department of Health's Web site and various state documents describe degrees of lead dangers in Rhode Island's houses.

For instance, the Web site says there are 300,000 housing units built in Rhode Island before 1978, when lead paint was banned. It says 270,000 can be made lead-safe with good maintenance practices, but 30,000 units are considered high risk.

Tarantino asked whether she agreed with the statement that the epidemic of childhood lead poisoning in Rhode Island was a direct result of poorly maintained housing.

"It's a direct result of poorly maintained housing that has lead in it," Nolan responded.

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