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Explosion probe halted when judge issues restraining order

By Jennifer Rosinski
Saturday, August 10, 2002

The state must suspend its investigation into the Hopkinton house explosion that killed two young girls, a Worcester judge ruled yesterday.

Judge Leila Kern issued a temporary restraining order against the state fire marshal's office minutes before Worcester Superior Court closed at 4:30 p.m.

Attorney John Wozniak requested the order because Tara and Heath Carey, the girls' parents, believe investigators have kept them in the dark.

The family and experts they hired want access to evidence stored at the fire marshal's headquarters in Stow, Wozniak said. They also want to be a part of the ongoing investigation.

"We just don't want an answer, we want the right answer," said Wozniak, of the law firm Wozniak and Padula.

"It might take a little longer, but two little girls lost their lives in the explosion."

The Careys' daughters, Iris, 4, and Violet, 51/2, died when an explosion ripped apart their second floor apartment at 1 a.m. on July 24. The girls' parents and eight others managed to escape from the wreckage that was once 65 Main St.

Wozniak will fight for a permanent retraining order before a judge at 2 p.m. Monday in Worcester Superior Court.

"We want a continuation of that order until such time all the parties are allowed to sit down and be a part of the testing process," he said.

Wozniak, who has experience in explosion lawsuits, said he and the Careys fear critical pieces of evidence may be lost or destroyed. That would hamper any plans of filing a lawsuit against whoever is found responsible.

"We can't allow our experts to look at the site, we've lost that opportunity," he said. "It's of critical importance all parties be involved in the process."

Wozniak said the Carey family has hired explosion and natural gas experts.

Those experts were expected to view meters, appliances, pipes and other items taken from the building. They have not been allowed to access the Stow trailer where the items are stored, Wozniak said.

And when Nstar read those meters Thursday, no one representing the Carey family was on hand to watch. Wozniak said the family doesn't know the results of those readings.

"I don't understand the big secret," he said. "All the indicators point to the fact that we were not being included in the process."

The state fire marshal could not be reached for comment.

The Careys believe the meter that measured the gas usage of their stove and dryer could hold clues into the explosion. Nstar officials said they changed the meter in May.

A May 23 bill showed that the Careys' gas usage rose after the meter change, the family said. The $18 bill was more than double three of the Careys' previous bills. Upstairs neighbor Tony Defreitas also said his gas bill more than doubled.

 

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