Careys
get good news from judge
By Jennifer Rosinski
Friday, January 31, 2003
CAMBRIDGE -- A Middlesex Superior Court judge
yesterday said the investigation into last summer's Hopkinton house
explosion should be open to all interested parties, including the family
whose children died in the blast.
Judge Raymond Brassard didn't approve a motion filed by Heath and Tara
Carey, the parents of the two little girls who died, to give them full
access to evidence and testing, but he didn't deny it.
Brassard instead suggested the state Department of Telecommunications
and Energy, or DTE, talk with Carey family representatives and provide
them with the documents and evidence they want.
"I think you ought to have a very fair and honest discussion with
each other where everyone is essentially equal," he said.
Brassard's informal decision also kick-starts testing DTE suspended
last week. Experts at Massachusetts Materials Research Inc. in West
Boylston today are scheduled to continue testing pipes and meters pulled
from the Main Street apartment building. Eight more days of testing
remain, said John Johnson, NStar's attorney.
Heath and Tara Carey lost their two daughters, ages 4 and 5 1/2, in an
apparent natural gas explosion on July 24. The girls, Iris and Violet,
were asleep in their Hopkinton apartment when it blew up. The Careys were
not in the courtroom.
John Wozniak, the Careys' Mendon attorney, said he is delighted with
the judge's recommendations.
"I think that we got what we were looking for," he said.
"I hope this means our participation will be meaningful and we can
conclude (the investigation) as quickly as possible."
DTE attorney Susan Paulson argued that Wozniak and the Carey family
have had access to testing and the videotapes of the testing since it
began. She also denied Wozniak's claims that the Carey family has been
kept out of discussions and denied documents.
Brassard didn't give all of the parties direct instruction on how to
behave, but he made it clear he wanted the DTE to immediately hand over
documents to the Carey family.
Brassard told the DTE to make copies of drawings and plans for a pipe
fitting taken from the Hopkinton home that has yet to be tested. He also
asked the DTE to let the Careys' experts examine the fitting, which is a
piece that connects the indoor and outdoor gas lines, before tests are
performed.
"This is not something you can play close to your chest,"
Brassard told the DTE. "This is information they should have
available to them."
Brassard also advised the DTE to sit down with the Carey family and
NStar to find a test for the fitting they can all agree on. The fitting,
found rusted and broken, has become a key piece of evidence and may be to
blame for the explosion.
NStar and the Carey family don't want experts to glue together and
pressure test the fitting because they are afraid it will be destroyed.
"We didn't think the testing will be reliable because the
conditions as they were on the day of the accident couldn't be
replicated," said Johnson, NStar's attorney. "And we also felt
that the test might end up spoiling the evidence."
The DTE's Paulson argued no one has come up with an alternative test. A
test is necessary, she said, to find out when and why the fitting broke,
and if the fitting is to blame for the blast.
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