The state Appeals Court has denied a request to halt
the state's investigation into July's fatal Hopkinton house explosion.
The court shot down an appeal filed by Heath and Tara Carey, whose two
young daughters were killed in the July 24 blast. The Careys wanted their
own experts to participate in the investigation, and filed for a temporary
restraining order to suspend testing until a judge could hear the case.
"We're disappointed the view of the courts is the right of a private
citizen appears to be second to a criminal investigation," said John
Wozniak, the Careys' attorney.
The Careys are "mystified" by the Appeals Court's decision,
Wozniak said.
"They just can't understand why they wouldn't be allowed to have
access," he said. "They want to know what caused that
explosion."
The decision upholds Worcester Superior Court Judge James Donohue's
August ruling, which gave the state permission to proceed with its
investigation.
Donohue lifted that restraining order and denied a preliminary injunction
that would stop the investigation until all parties agreed to work together.
He said the state Fire Marshal's Office has a right to rule out criminal
activity before opening up its investigation to outside parties.
Wozniak said the Careys wanted their experts to observe testing and take
a look at evidence that could be destroyed.
The fire marshal's investigation continues and officials cannot predict
when it might be complete, a spokeswoman Jennifer Mieth said.
"There's no conclusion," she said.
