A lawyer for the Carey family yesterday appealed a
Worcester judge's decision that allowed the state to proceed with its
investigation of a deadly Hopkinton house blast.
John Wozniak filed the appeal in Boston yesterday afternoon on behalf of
Heath and Tara Carey, whose young daughters died in the July 24 explosion.
Wozniak wants the appeals court to issue a stay of the previous order,
which would halt the state's investigation until the appeal is decided.
The family is appealing Worcester Superior Court Judge James Donohue's
Friday decision to dissolve a temporary restraining order a fellow justice
ordered on Friday to deny a preliminary injunction and dissolve an emergency
restraining order.
The injunction would put the brakes on the state's investigation until
all parties can meet to discuss testing evidence.
Wozniak said the family wants to review the testing schedule to ensure
experts hired by the Careys get a chance to view evidence that might be
destroyed. He also wants those experts on hand during testing to observe and
offer their expertise, if needed.
Donohue said the state fire marshal's office has the right to proceed
with its investigation free from intrusion by private parties. State law
gives interested parties the right to information if and when investigators
determine the blast was not a result of criminal behavior.
Wozniak said the success of any possible lawsuit the Careys may file
could hinge on whether the evidence is tested thoroughly and completely.
