Aug 8, 2007 11:45 pm US/Eastern
Charges In Tunnel Collapse May Be Tough To Prove
by Joe Shortsleeve
BOSTON (WBZ) ―
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Milena Del Valle, 39, was killed when 26 tons of concrete panels and hardware came crashing down from a tunnel ceiling onto her car as she and her husband drove through the westbound I-90 connector tunnel.
AP
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No individuals were indicted, although Coakley did not rule out future indictments against individuals.
WBZ
Proving that the tunnel collapse was a criminal act is a big legal hill to climb for Attorney General Martha Coakley.
"It's just a complicated beast, yet Martha Coakley thinks she has this smoking gun that shows this company should have known this was bound for disaster," said David Yas, publisher of Massachusetts Lawyers Weekly.
To win a civil case, an attorney only has to prove that a majority of the evidence points to negligence and the accused then pays a fine.
To win a criminal case, the bar is much higher. You must prove beyond a reasonable doubt, engineers not only knew their actions were dangerous, but proceeded anyway.
A conviction can lead to time in jail, but only if an individual and not just a corporation is named.
"We are in unchartered waters here, rarely ever do you see a corporation facing criminal charges. You can't throw a corporation in jail, what you can do is hit them in the wallet, and that is probably what will happen here," said David.
But in Massachusetts, the fine in a case like this can't exceed $1,000. Still, Coakley says she is obligated it proceed.
"There's no perfect solution to this and I think the time will come when the legislature, perhaps with some discussion with my office, should determine whether there needs to be some changes in the law, because for this particular charge it doesn't seem to be appropiate punishment," said Coakley.
Yas said Powers Fasteners could agree to plead guilty and there would not be a trial.
However, pleading guilty opens the company up to lawsuits. Once they say they did it, they will be buried in civil suits.
Crimnal charges are extremely rare in cases where structural failures kill someone.
In 1981, a walkway at a hotel in Kansas City, Missouri collapsed due to faulty design, killing 114 people.
There were no criminal charges, only civil lawsuits which resulted in some engineers losing thier licenses.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
Statement From Powers Fasteners
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