Investigation related to asbetos case delayed in New Hampshire

October 20, 2009

A New Hampshire district court judge has denied Concord landowner Kevin Guay’s request to unseal search warrants related to a dig that occurred on his property this past March. A ruling passed down by Judge Susan Carbon states that the warrants will be sealed for an additional 30 days while the environmental investigation continues.

Carbon contended that "Individuals could be tipped off to the nature of the investigation, evidence could be destroyed, witnesses might refuse to cooperate, and others could collude to craft stories," all of which are good reasons to keep the records sealed for the time being. The warrants will be unsealed on October 31^st.

Officials believed criminal violations of statutes relating to asbestos management, oil discharge, hazardous material, solid waste management, water pollution and waste disposal occurred on Mr. Guay’s properties. Asbestos exposure has been linked to mesothelioma, a rare type of cancer. This cancer is caused by inhaling or ingesting airborne asbestos particles. Despite a long latency period, mesothelioma can kill within months once symptoms emerge. This is why there are state and federal regulations in place to oversee the handling and disposal of asbestos-containing materials.

Guay has previously faced sanctions for environmental violations. In 2003, he was cited for illegally filling in wetlands and later fined $30,000. He also faced allegations of polluting the water supply in 2008. Guay alleges that the investigators cut through his utility lines and interfered with part of his septic system. This prompted him to file a lawsuit in U.S. District Court against state officials and the Concord police seeking $55 million in damages.