The Associated Press is reporting that challenges raised by attorneys for the eleven poultry companies over the credentials of a state’ expert witness caused the halt Tuesday afternoon.U.S. District Court Judge Gregory K. Frizzell also became angered, “that the state waited until Tuesday—more than four years after the lawsuit was filed—to specify what the witness would be testifying about.”
Frizzell halted testimony for at least ten minutes so he could confer with the opposing councils.
Shannon Phillips, the state’s water quality director was to testify about the potential sources of pollution for the river. “The state argues that runoff from the fields contains harmful bacteria that threatens the health of the tens of thousands of people who raft and fish in the watershed each year.”
“Industry attorneys spent hours trying to portray Phillips as a former 'document custodian' who did most of her research on pollution in the watershed while she was still in college and was in over her head as an expert witness.”
Ultimately judge Frizzell sided with the poultry lawyers that Phillips was not qualified to give an opinion on what was causing the pollution; however, she was allowed to testify generally about the impact pollution had on bodies of water and ways to remedy this impact.
There promises to be more action as this case unfolds further.
To read the Associated Press article click here.
Posted: 10/07/09
