Facher’s Plea

Facher had never expected Schlichtmann to get this far, to try the case. He opened a cabinet drawer and saw thick

files. There were 159 bound volumes totaling 23,337 pages.

He was, he realized, not ready to try this case. He felt he needed at least another six months to prepare. He had

already asked Judge Skinner for a continuance once but the judge hadn’t taken his request seriously. Now, he

decided to ask again. This time in the form of a personal affidavit to the judge, one in which he could invoke the

weight of his reputation and career. Facher did not like lawyers’ affidavits, to him they are undignified and

unprofessional.” But on this one occasion, he felt justified.

He asked for a postponement of seven months, until September however, Judge Skinner had not read Facher’s

affidavit by the time the lawyers convened in the courtroom.

Jan Schlichtmann was amazed that Facher’s is actually begging the judge. However, Judge Skinner doesn’t want

any delay thus refused Facher’s plea.

Facher had one last hope of stopping the trial that is to get the court involved in a possible settlement of this case. To

which, Jan submitted.

Jan Schlichtmann’s firm then prepared for the settlement the same way they do in every settlement. Gordong

reserved a lavish conference room in the Four Seasons Hotel.

During the settlement, Gordon laid out the financial terms of the settlement: an annual payment of $1.5 million to

each of the eight families for the next thirty years; $25 million to establish a research foundation that would

investigate the links between hazardous wastes and illness; and another $25 million in cash. To which FAcher found

very preposterous, then he walked out carryng with him Hotel’s pen and croissant. Cheeseman team followed. There

was no settlement concluded by the parties.

Selection of jury began after Judge Skinner learned of the failure to compromise. He seleced vior dire out of 79

citizens to empanel 6 jurors and 6 alternates.

Woburn case was attracting attention in the entire nation, some even pegged it as landmark case.
on the eve of trial, Facher saw another chance to keep the families off the witness stand and away from a jury’s

sympathetic eyes. He suggested to the judge that the trial should deal first with the question of whether any “poisons”

(“If Jan likes that term, I’ll use it,” Facher said) had gotten from the Beatrice property to the city wells. If a jury were to

decide that Beatrice had not contaminated the wells, that would end the case for Beatrice. To which Judge Skinner

agreed following his idea that with the number of witnesses, this case would be very cumbersome. This is Judge

Skinner’s way to make amends with Facher on his denial of the latter’s request on the postponement of the trial.

Nesson saw the logic of it, but he also saw the danger. Jan saw it otherwise.

During the week before trial, Jacobs called Schlichtmann for possible settlement. The latter’s team went over to Hale

and Dorr to meet Beatrice’s assistant general manager, Mary Allen.

Jan Schlichtmann demanded 36 million dollars to settle the case against Beatrice which made Mary Allen to think that
it was an extortion. She counteroffered, 500 thousand dollars for each family. But Jan was not convinced, Jacob
offered that he would try to work out a million dollar offer for every family. Schlichtmann decided to accept this offer of
Jacob should proposal push through. However, Jacobs never called back.