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Aug 9, 2007 6:06 pm US/Eastern
Epoxy Maker Wants AG's Office Removed From Case
BOSTON (WBZ) ―
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Martha Coakley revealed details of the indictment during a news conference Wednesday.
WBZ
The epoxy supplier indicted in the fatal tunnel ceiling collapse wants Attorney General Martha Coakley removed from the case.
Attorneys for Powers Fasteners claim the AG's office has an irreconcilable conflict of interest because the state is also seeking reimbursement from several contractors related to cost overruns.
Powers Fasteners Inc. was indicted Wednesday on the count of involuntary manslaugher.
The company also disputes Coakley's claim that the chief materials engineer of the Mass. Highway Department was not informed of the epoxy's creep factor.
"The engineering department of MassHighway, which was in charge of overseeing the process for approval for all materials for the project, was informed of this very fact and was informed because Powers' engineers disclosed it," said attorney Max Stern.
Powers points to communication with Clement Fung, a MassHighway engineer. In a memo dated August 19, 1999 said, "I discussed with Mr. Fung...the fast set epoxy meets everything except the creep test at elevated temperatures."
An attorney for the children of Milena Del Valle, the woman killed in the tunnel collapse, said this fact is not relevant.
"If the state was told by the manufacturer that fast set (epoxy) did not operate as well in high temperatures and this accident had anything to do with high temperatures, such as a fire in the tunnel, that would be very relevant," said attorney Bradley Henry. "But there was no high temperature in the tunnel that night."
Attorney General Coakley issued the following statement:
"Powers Fasteners' allegation of a conflict of interest is totally without merit. "The defendant should file whatever motions it chooses after it is arraigned on the involuntary manslaughter charge on September 5, and those motions will be addressed in the only appropriate venue—in court."
Coakley went on to say Powers has denied any responsibility or culpability for the tunnel collapse and attacked investigators.
To date, the Brewster, N.Y.-based business is the only company involved in the construction and design of the tunnel to be indicted, but a source told WBZ that more criminal charges are likely.
If convicted, the company faces a fine of $1,000, the maximum penalty for a company charged with manslaughter in Massachusetts.
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