The state has suspended its investigation into last
summer's Hopkinton house explosion until a judge decides if the victims
should have equal access during the latest phase of testing.
Lawyers for the family whose two young daughters died in the blast are
frustrated the state does not include them in all discussions and has denied
them copies of documents and photographs.
"We just learned this week that our participation in this was simply
in the capacity of observer," said John Wozniak, the Mendon attorney
representing Heath and Tara Carey.
The Careys' daughters, Iris and Violet, aged 4 and 5, died in the July 24
explosion that destroyed a Main Street apartment building. They were asleep
in the family's second floor apartment.
The state fire marshal's office and state Department of
Telecommunications and Energy (DTE) are working together to investigate the
blast. Experts at Massachusetts Materials Research Inc. in West Boylston, a
private lab contracted by the state, began testing evidence retrieved from
the blast site on Jan. 6.
Tests were scheduled to be performed on pipes, pumps, meters and pieces
of a pipe fitting that connects the outdoor and indoor gas lines. Wozniak
claims that fitting, a "posilock transition fitting," broke and
sent gas into the building.
Wozniak will ask a judge to open all parts of the testing phase to the
Carey family at a hearing in Middlesex Superior Court Wednesday. Wozniak
also plans to ask the judge to develop a fair way all parties can object to
testing.
"We're looking to be on a level playing ground with everyone,"
he said.
Officials at DTE said they decided to stop testing on Thursday after they
learned about Wozniak's concerns. Testing is set to resume on Jan. 31.
"We did it as a courtesy," said Paul Afonso, DTE's general
counsel. "We want to hear him out."
This is the third time Wozniak will ask a judge to make the state include
the Carey family in the investigation. A Worcester Superior Court judge shot
down Wozniak's request in August and the state Appeals Court upheld the
decision.
State officials later agreed to let the Carey family take part in the
investigation.
