BOSTON (AP) – A judge refused to dismiss charges Tuesday against an epoxy company accused of manslaughter in last year’s Big Dig ceiling tunnel collapse.
Powers Fasteners is accused of failing to warn contractors that its fast-drying epoxy was unsafe for use with the heavy ceiling panels that collapsed in July 2006, killing a Boston woman.
The company moved to dismiss the charges, arguing that Attorney General Martha Coakley had a conflict of interest because her office was improperly involved in both the civil and criminal cases against the company.
But Superior Court Judge Patrick Brady rejected the motion, ruling that Coakley represented the people of Massachusetts in both cases, so no conflict existed.
“When the Attorney General represents the Commonwealth in parallel criminal and civil case, she represents the same public interest in both, without the dangers that come with concurrent representation of a private party,” he wrote.
Milena Del Valle, 38, was killed when a section of ceiling panels fell on the car she was riding in through an eastbound I-90 connector tunnel in Boston. The tunnel is part of the $14.79 billion Big Dig highway project infamous for delays and cost overruns.
Powers Fasteners has said it never knew its fast-drying product was used in the ceiling. If convicted in the criminal case, Powers Fasteners faces a maximum fine of $1,000.
Coakley is prosecuting the criminal case against the Brewster, N.Y.,- based company, and her office also represents the Massachusetts Highway Department in a civil action against Powers and other companies. Both cases rely on the same facts.
Powers attorney Max Stern argued that because Coakley was pushing for a large civil settlement, she ignored information that could hurt her criminal case. But Brady said he found no evidence of that.
On Tuesday, Stern said the ruling was “unfairly decided.” He said there’s a clear conflict for Coakley because both cases are being tried on the same theory. So if the criminal case fails, it could weaken a civil case.
“There’s a serious risk that the criminal defendant will not have the fair consideration that he’s entitled to have,” Stern said. “We think that’s what happened to Powers Fasteners.”
In a statement, Coakley’s office said it believed Brady’s decision accurately reflected state law.
AP-ES-12-18-07 1644EST
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