UPDATED: Expert Cross-Examined in Poultry Trial and Costs Mounting


After four days on the stand, the poultry industry was given its first shot at cross examining Oklahoma’s expert geologist J. Berton Fisher. Click here to see the Associated Press article by Justin Juozapavicius. On cross, the “[p]oultry company attorneys tried to show Fisher had a cozy relationship with Oklahoma's attorneys and tailored his scientific findings to support their thesis that chicken waste was the main source of pollution in the Illinois River watershed.” This cozy relationship included hiring his family, friends, and a daughter of one of the state’s attorneys to conduct the testing of the Illinois River watershed.

Finally, the poultry companies focused on the amount of money that has been billed to the state by Mr. Fisher. Mr. Fisher paid his employees $18/hour, but billed the state $35/hour for the work and has totaled a bill of at least $750,000 for work done.

UPDATED: The Associated Press is reporting that the costs are mounting for the companies and lawyers arguing in the case. Oklahoma's private attorneys have spent at least $25 million that will only be collect if Oklahoma wins. Although Oklahoma was prevented from recovering monetary damages, for not properly joining the Cherokee Nation, the state does have other federal avenues to recoup attorneys fees. Costs are not known for the poultry industry, but Tyson's spokesman Gary Mickelson has said that Tyson has spent in the millions to defend this claim. To view the AP article by Justin Juozapavicius and see some of the high profiled attorneys on both sides, click here.

For previous posts on the ongoing trial, click here.

Posted: 10/16/09