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May 5, 2006

Judge fines Lynch for comments in lead-paint case

PROVIDENCE -- A judge fined Attorney General Patrick C. Lynch $5,000 and held him in civil contempt after he publicly accused former lead paint makers of twisting the facts during Rhode Island's landmark lawsuit against the companies, according to newly unsealed court documents.

In a ruling dated Dec. 6, Superior Court Judge Michael Silverstein said Lynch's remarks violated rules on court conduct regulating what lawyers may say publicly about cases. The judge said in his contempt order that he had earlier warned Lynch to comply with the rules during the state's second trial against former lead paint manufacturers.

The contempt order was among dozens of documents from the civil trial that were unsealed late yesterday and made publicly available today in Providence Superior Court.

After fining Lynch, Silverstein agreed to stay the penalty to allow the state to appeal it.

In a statement this afternoon, Lynch said he disagreed with the court's findings of contempt: "I did not commit, and never would commit, any willful act to challenge any Court order concerning the limiting of statements that could affect pre-trial or trial publicity."

However his comments were interpreted, he said, "they carried my deep concern" for the thousands of Rhode Island children and families who have been, and continue to be, harmed by lead-based paints."

-- The Associated Press, with projo.com reports

Lynch referred to the companies as "those who would spin and twist the facts" during comments made outside court, according to a Nov. 17 article in The Providence Journal.

The comment came after Silverstein rejected mistrial motions filed by the four defendants a few weeks after the trial began.

A jury in February held three of the companies - Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC - liable for creating a public nuisance. They will be ordered to clean up contamination caused by lead paint, which the state says could cost billions of dollars.

After the article appeared, Millennium Holdings filed a motion to have Lynch held in contempt.

The company argued in its memo that Lynch's comments represented a "direct and unambiguous assault upon the very character and credibility of the defendants" and said the words "spin" and "twist" were prejudicial.

-- The Associated Press, with projo.com reports

Posted by Jack Perry  at 1:52 PM | Permalink

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