Attorneys defending operators of the former Rocky Flats nuclear-weapons site against a multimillion-dollar class-action lawsuit are seeking to prevent testimony by the foreman of a 1992 grand jury that voted to indict officials over contamination there.
Attorneys for Rockwell International Corp. and Dow Chemical Co. said in a court filing late Thursday that Wes McKinley, now a member of the state legislature, was expected to testify about his experiences on the grand jury and about a bill he proposed to warn of potential lingering contamination at the site.
McKinley, who said Friday he hopes to be able to testify, refused to answer questions on those subjects during a deposition, citing grand jury secrecy rules, defense attorneys said.
“It is obvious that what plaintiffs want McKinley to tell the jury is: ‘The cleanup effort at Rocky Flats is flawed and there are continuing health risks at Rocky Flats, but because of (secrecy rules) I cannot tell you why I believe this,”‘ defense attorneys said.
“Plaintiffs and McKinley should not be allowed to disclose matters occurring before the grand jury when they believe it to be in their interests to do so, and not disclose such matters when doing so would be adverse to their interests,” they said.
Several residents who owned property near Rocky Flats when it was shut down in 1989 allege that contamination from the plant drastically reduced the value of their property and that of about 13,000 other landowners.
