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Big Dig Probe Hindered, Official Says

Documents, Data Denied, According To Retired Judge

POSTED: 7:38 am EST January 25, 2005
UPDATED: 5:56 pm EST January 25, 2005

Officials for the Big Dig's top contractor repeatedly hindered independent engineers and lawyers investigating tunnel leaks, according to a final report released Tuesday.

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NewsCenter 5's Janet Wu reported that retired Judge Edward Ginsburg accused Bechtel/Parsons Brinckerhoff of hiding documents from his independent investigative team. He also accused the Massachusetts Turnpike Authority of being too cozy with Bechtel.

Ginsburg said a turning point in his team's investigation came last September when the Big Dig tunnel began leaking and he asked Bechtel/Parsons Brinckerhoff for documents.

"Once the team began to scrutinize tunnel leaks, the project closed down the team's access to current records thereby compromising its ability to investigate the leaks," the report said. "In addition the team has concerns that relevant documents may have been removed from the oracle database or at least moved to locations beyond the database access granted the team."

Attorney General Tom Reilly, who is expected to take over the investigation from Ginsburg's team next month, said he is not surprised.

"We are going into this with our eyes wide open, and the report emphasizes the degree of difficulty and some of the reasons why this cost-recovery effort has come to a standstill," Reilly said.

Ginsburg's team also found that certain critical documents appear to be missing or cannot be located.

"Many state employees were no longer independent of Bechtel/Parsons Brinckerhoff," and "there was a culture of collaboration that failed to hold Bechtel accountable for its performance," the report said.

"We are pretty far down the road to now hear that particular concern," House Transportation Chairman Rep. Joseph Wagner said. "I think that if that concern existed, that it might have been helpful had the judge come forward and express that to people who might have been in the position to be able to help."

Reilly may have the same trouble getting the documents. He will not have civil subpoena power unless the Legislature and governor specifically grant him that authority.

"We would certainly consider that, and I think the short answer would be yes," Wagner said.

In his annual budget filing Wednesday, Gov. Mitt Romney will ask that his transportation secretary take over as chairman of the turnpike authority in July instead of waiting two more years.

A spokesman for the governor said the clock is ticking on the statute of limitations, and every day new leadership is delayed, the amount the state can recover from Big Dig contractors is limited.

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