PARENTS DENIED ACCESS TO PROBE
Author(s): Scott W. Helman,
Globe Staff Correspondent Date: August 16, 2002 Page: B2 Section: Metro/Region
WORCESTER - The state fire marshal's probe into
last month's fatal apartment building explosion in Hopkinton will resume after a
Worcester Superior Court judge yesterday refused to allow a couple whose
daughters died in the blast to participate in the investigation.
Heath and Tara Carey were seeking to have their
own specialists present as the fire marshal's office began forensic testing on
evidence gathered from the scene of an early morning explosion July 24 that
destroyed their downtown Hopkinton apartment building, killing 4-year-old Iris
and 5-year-old Violet. Judge James P. Donohue yesterday quickly removed a
temporary restraining order that has held the state investigation at bay since
late last week. Citing a state statute that orders the state fire marshal's
office to investigate suspicious fires and explosions, Donohue ruled that
allowing the Careys access to the proceedings would taint the case.
"The investigation into whether criminal
conduct was involved in the explosion cannot properly be conducted according to
law if any interested party is allowed to intervene in the process,"
Donohue wrote in his decision.
John Wozniak, an attorney representing the
Careys, said he planned to appeal the ruling.
Wozniak argued yesterday that the Careys, who
are temporarily living in Milford, don't want to obstruct the investigation,
only to have access to it - especially during certain tests of evidence that can
only be performed once.
"We're not asking that we be allowed to
see every last detail of the state fire marshal's investigation," he said.
"We're not asking to interfere."
Interference is what the state argued would
happen if the Careys were allowed to participate in the probe, which also
involves the state Department of Telecommunications and Energy.
"The state fire marshal needs to preserve
the integrity of the criminal proceedings," said Susan Paulson, an
assistant attorney general representing the state.
Paulson said the temporary restraining order
has already slowed the process.
"The investigation is proceeding, and it
should proceed," Donohue said after announcing his decision yesterday.
Though investigators believe a natural gas leak
sparked the explosion, there are pipes, meters, and other materials from the
apartment site awaiting testing in a trailer at the fire marshal's Stow
headquarters.
Wozniak said he was promised on two occasions
by state fire investigators that the Careys would be allowed access to the
investigation, which the family believes will help with potential civil action
down the road.
State Fire Marshal Stephen Coan welcomed the
judge's decision yesterday, saying the investigation of the blast can now
continue unfettered. While he acknowledged the Careys' obvious stake in the
outcome, he insisted that his office has the family's best interests at heart.
"This office has a longstanding track
record on conducting major investigations," Coan said. "We do want to
be accommodating to the victims and the families of the victims. It never has
been our intention not to share information, but to allow the investigation to
proceed in an orderly fashion."
Coan said that once the criminal phase of the
investigation is complete, his office will share its information with the Careys
and other parties in the case.
Coan declined to comment on whether testing
resumed following the judge's ruling.
|
