Developer who exposed workers to asbestos running out of appeals

February 17, 2002

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Developer running out of appeals

Christa Lee Rock, Register Staff February 15, 2002

NEW HAVEN - The developer accused of exposing workers to cancer-causing

asbestos while renovating the Liberty Building has been refused a second

appeal before the 2nd U.S. Circuit Court of Appeals in New York.

That leaves Melvin Weintraub of Purchase, N.Y., only one option - an appeal

to the U.S. Supreme Court - to overturn his 1999 conviction for violating

the federal Clean Air Act.

Unless he wins a rare high court hearing, he will likely spend a year and a

day in prison, the sentence he received in May 2000. His lawyers may request

another sentencing hearing from the district judge, but such a hearing is

also rare.

" We received notice of the 2nd Circuit action (Thursday); we're in the

process of reviewing the options available to Mr. Weintraub, " said Stanley

Twardy, his attorney.

Weintraub, two of his companies and several subcontractors were convicted

for knowingly allowing untrained, unprotected Mexican workers remove the

carcinogenic insulation from pipes and floor tiles in the building at 152

Temple St. Toxic residue from the building rehab was later found dumped in

Edgewood Park and parts of Fair Haven.

Weintraub appealed the conviction, arguing that he did not realize his

building contained enough asbestos to fall under the federal regulations.

His attorneys said he didn't have " criminal mind, " and the judge never asked

the jury to make that assessment. Nine months after the 2nd Circuit

appellate court heard the appeal, the judges ruled against Weintraub in a

decision published in November.

Weintraub was fined $850,000 but has paid all but about $7,000 of the fine

while appealing his sentence.

A. Meyer, the assistant U.S. attorney who handled the appeal, could

not be reached for comment Thursday.

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