X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
BOSTON — An epoxy distributor indicted for manslaughter on Wednesday for a death linked to a 2006 ceiling tunnel collapse in Boston announced plans to try to disqualify Massachusetts Attorney General Martha Coakley for conflict of interest. The Brewster, N.Y.-based Powers Fasteners Inc. said in a statement that it plans to move to dismiss the indictment, disqualify Coakley and request an independent prosecutor. Powers said Coakley’s conflict of interest stems from her exploration of criminal charges against contractors who worked on Boston’s Central Artery or so-called “Big Dig” project while pursuing a civil case against Big Dig contractors for project cost overruns. Attorney Max Stern of Boston-based Stern Shapiro Weissberg & Garin said that under Massachusetts law, citizens subject to a criminal investigation have a right to a “disinterested prosecutor,” and that a prosecutor who represents a client seeking compensation for an alleged crime is barred from being a public prosecutor in the criminal case. “This is precisely what has happened here and what has led the attorney general to scapegoat a blameless party,” Stern said. The criminal charges stemmed from a multi-agency investigation led by the Attorney General’s office into the July 2006 death of 38-year-old Milena Del Valle, when a ceiling panel collapsed in a Big Dig tunnel. Powers spokeswoman Karen Schwartzman said the company plans to file the motions after Powers’ arraignment, which is currently scheduled for Sept. 5. Coakley said Powers’ allegation of a conflict of interest “totally without merit.” “Powers Fasteners has responded to the grand jury indictment the same way that it responded to the National Transportation Safety Board’s comprehensive and compelling report,” Coakley said. “Powers denied any responsibility or culpability for the tunnel collapse, and attacked the investigators.” Coakley noted that the company failed to inform project managers and engineers about the suitability of a particular epoxy product for sustained Loads.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.