Tobacco lawyer denies knowledge of document purge

But when Northrip took the stand yesterday in the government's racketeering case against the industry, he said he first heard the allegations about document destruction when they became public as part of the court decision against the Australian company two years ago.

He also filed a document with the court last week saying the government was wrong to speculate he knew about document destruction in the Australia case.

Justice lawyers declined to comment yesterday.

The Australian court decision had named Northrip as one of several people who might be "likely to know whether such documents were destroyed."

David Bernick, who represents Brown and Williamson Tobacco Corp., also owned by British American Tobacco, said the government lost this round in the case.

"I think he was supposed to be the key witness for them," Bernick said of Northrip. "It turns out that he had no involvement in document destruction."

Northrip also faced questions about an industry memo indicating he advised tobacco executives to destroy research showing cigarette additives were harmful. He testified that he told his clients only that they could destroy data about additives that were tested but not ultimately used in cigarettes.

"I did not advocate it," Northrip said. "I said it was something I believe they could do."

The government contends the industry lied about the addictive nature of nicotine, and Justice Department lawyer Sharon Eubanks asked Northrip about his written statement on addiction.

The statement, which Northrip referred to yesterday as a think piece, characterized cigarette smoking as a habit rather than addiction and said, "Statements in company documents cannot refute this conclusion."

The next witness is scheduled to take the stand tomorrow. He is William Farone, a former Philip Morris executive who has testified against the industry in other lawsuits and alleges the industry knew about smoking hazards before it acknowledged those dangers publicly.

The government is seeking $280 billion the cigarette makers allegedly earned through fraud.

The defendants are: Philip Morris USA Inc. and its parent, Altria Group Inc.; R.J. Reynolds Tobacco Co.; Brown & Williamson Tobacco Co.; British American Tobacco Ltd.; Lorillard Tobacco Co.; Liggett Group Inc.; Counsel for Tobacco Research-U.S.A.; and the Tobacco Institute.