Testimony comes to halt in poultry litter case

Poultry company attorneys successfully challenge legitimacy of state witness in Okla. trial

• By Justin Juozapavicius, Associated Press Writer
• On 8:05 am EDT, Wednesday October 7, 2009

TULSA, Okla. (AP) -- Oklahoma's federal pollution trial against the Arkansas poultry industry ground to an unexpected halt Tuesday afternoon, as attorneys for the companies challenged the credentials of one of the state's expert witnesses.

Oklahoma attorneys also drew the ire of U.S. District Judge Gregory K. Frizzell, who 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.

A scowling Frizzell halted testimony for at least 10 minutes at one point while he addressed the attorneys at the bench.

About eight or nine lawyers huddled around the judge -- a few more milled around within earshot -- engaging in what appeared to be a heated conversation. White noise was piped into the courtroom to muffle their voices.

Shanon Phillips, the state's water quality director, was to testify about potential sources of pollution in the Illinois River watershed, including poultry litter -- or the droppings, feathers and bedding -- farmers in northeastern Oklahoma have used for decades as a cheap fertilizer to grow other crops.

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.

Tom Green, an attorney for the world's largest meat producer, Tyson Foods Inc., and two of its subsidiaries, argued that the 11 companies the state is suing did not know what subjects Phillips was going to talk about until Tuesday. He also asked Phillips a series of questions aimed at discrediting her as an expert witness, including asking her if she had degrees in surface water hydrology, geochemistry or agronomy. She said she did not.

"Are you aware you have been identified by (Oklahoma) as a proposed expert in three areas?" Green asked Phillips.

"I don't know whether or not. What are those areas?" she responded.

Green said he would concede that Phillips had the experience to detail what happens to water when there is an overloading of nutrients, but contended the point was redundant -- a conclusion Frizzell did not share.

"I'll be pleading with you when the next witness becomes duplicative," Green told the judge.

Robert Nance, an attorney for the state, said Phillips was not operating "on the cutting edge" of science, and that she had the experience and training to testify.

But Frizzell sided with the poultry lawyers that Phillips lacked the qualifications to give an opinion on what was causing the pollution in the watershed.

He allowed her to testify generally about the impact pollution had on bodies of water, ways to remediate the pollution and document historical and current pollution problems in the area.

The other defendants named in the lawsuit are Cargill Inc., Cal-Maine Foods, Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Cargill Turkey Production L.L.C., George's Inc., George's Farms Inc., Peterson Farms Inc. and Simmons Foods Inc.

Testimony is scheduled to continue Wednesday.

Buzz up!