EX-TOBACCO ATTORNEY CAN TESTIFY, JUDGE RULES

OLYMPIA - State attorneys can question a former tobacco-company lawyer
about an alleged industry conspiracy to abandon research into a
"safer" cigarette, a judge ruled yesterday.

Lawyer Lawrence Meyer has indicated he would testify that other
tobacco companies threatened to retaliate against the Liggett Group if
the Durham, N.C.-based firm didn't stop work on its "XA" project to
develop a safer cigarette, according to court documents.

Washington state's lawsuit against the industry, one of dozens filed
nationwide, accused the tobacco companies of concealing knowledge that
nicotine is addictive and that tobacco use is deadly. It contended the
industry manipulated nicotine levels to keep smokers hooked and that
it conspired to keep less hazardous cigarettes off the market.

King County Superior Court Judge George Finkle's ruling yesterday
cleared the way for testimony by Meyer and two former tobacco
researchers. He blocked the state's attempt to question several
others, including Liggett chief Bennett Lebow.

Tobacco-industry spokesmen could not be reached for comment yesterday
afternoon. A state attorney noted the industry frequently appeals
these kinds of decisions.

Tobacco companies fought to block Meyer's testimony on the grounds
that information he gleaned from meetings with the Committee of
Counsel - the lawyers working for the tobacco companies - was
protected by the attorney-client privilege. But Finkle said Meyer may
have information supporting the state's allegations of an industry
conspiracy.

However, the judge restricted the state's questioning in some areas.
For example, Meyer may not disclose information about the industry's
alleged "general agreement" on how to address lawsuits arising from
claims that cigarette smoking caused death or disease.

The judge also agreed to allow the testimony of former
tobacco-industry researchers Victor DeNoble and Robert Wald. DeNoble
is a former Philip Morris scientist who contends his ex-employer shut
down research into safer cigarettes in the 1980s. It was not clear
from court documents what Wald's role was.

The judge also ordered the release of some Liggett documents
indicating the industry used the Council for Tobacco Research to
conduct "partisan" studies.

Checked-by: Rich O'Grady