• Home
  • :
  • :
  • Member Center
  • :
  • Make This Your Home Page




Rhode Island news

Search Legal Notices

Sources challenged in lead-paint trial

A chemist's reliance on an anonymously written report is questioned by a defense lawyer, but the witness points out it was a paint company's own report.

01:00 AM EST on Wednesday, November 9, 2005

BY PETER B. LORD
Journal Environment Writer

PROVIDENCE -- In a highly technical trial where thousands of pages of depositions are scanned so that individual comments and quotes can be pulled out and displayed on a giant screen, paint company lawyers yesterday showed the importance of reading the fine print.

The company lawyers spent much of the day cross-examining chemistry professor James E. Girard, the state's second witness in its nuisance suit against the companies for manufacturing lead pigments that continue to poison children.

On Monday, Girard had quoted from a 105-year-old report published by the Sherwin-Williams Co. that questioned the stability of lead paints.

Yesterday, Donald Scott, representing NL Industries, put the cover page of the report on the big screen and then zoomed in on the author line: "Blanc de Neige."

"Snow White," said Scott. Obviously, he said, the author wanted to remain anonymous.

"Yesterday you referred to Good Housekeeping magazine and an article by an anonymous person," said Scott. "Do you ordinarily rely on articles written by anonymous people?"

"I certainly don't," Girard replied.

Later, Girard testified that he gave credence to the article because it was produced by Sherwin-Williams.

It was a day full of legal arguments yesterday, with the jury brought in late and allowed to leave early so lawyers could argue over evidence.

Paint company lawyers started the day raising a series of objections and arguing to have several pages of Girard's testimony the previous day stricken from the trial transcript.

After hearing lengthy arguments, Judge Michael A. Silverstein turned them down.

"How does one advise a jury to strike testimony from 12 hours before? That makes no sense," Silverstein said. "Counsel must be alert and on their feet in connection with these matters."

The judge also warned everyone not to veer into a trial by ambush. Every witness has been heavily questioned in depositions before the trial and each side must notify the other several days before it puts a witness on the stand.

Under questioning from Scott, Girard acknowledged a series of government laboratory reports that lauded the superiority of lead-based paints in standing up to weather and wear.

Scott also displayed Girard's own photographs of electron microscope images of layers of paints and got the chemist to concede that they showed lead paint being successfully covered and sealed from sunlight that could cause the paint to deteriorate.

Defense lawyers ended the day by raising objections to testimony the state hopes to elicit from Providence Mayor David N. Cicilline when it puts him on the stand today.

In questioning outside the jury's presence, Cicilline testified that he is the city's chief executive officer, responsible for every department outside the City Council, the city clerk and the Municipal Court.

He said he also is responsible for managing a five-year "Consolidated Plan" that includes the city's policies to respond to childhood lead poisonings in many neighborhoods.

But John Tarantino, representing Atlantic Richfield, pressed Cicilline about whether the city did any investigating to prepare the report and questioned whether the mayor had firsthand knowledge to bring to the trial.

"You have no knowledge, or expertise or specialized skill when it comes to lead poisoning," said Tarantino.

"I'm not a scientist, but I read a lot. I've dealt with the policy issues," Cicilline said. He said in his years in the General Assembly and three years as mayor he feels he has "above average knowledge" about lead issues.

More arguments over Cicilline's testimony will be made this morning.