Indictments dropped against pair in asbestos removal case

SALEM – A Superior Court judge has ordered two sets of indictments against David E. Harder Jr., 47, of Lynnfield and Luiz Diaz, 44, of Pelham, N.H., who were charged with being involved in illegal asbestos removal, to be dismissed because there wasn?t enough evidence.Judge Howard J. Whitehead granted the motion to dismiss concerning indictments for conspiracy and filing false statements.Defense lawyer Joseph F. Collins, who represents Diaz, an industrial hygienist who worked for Harder, agreed that his client signed a waste shipment record in February 2010 certifying that 30 bags of asbestos waste was generated from one location, Mayflower Hotel in Beverly, when in fact it was generated from the Village School in Marblehead.Collins, however, argued that prosecutors failed to present evidence that his client had no reason to “doubt” Harder when presented with the record and “willingly” signed the form.Assistant Attorney General Jesse Siegel argued that there was “probable cause” to indict them and therefore the two indictments against both men should stand.But Harder?s attorney, Atara Rich-Shea, said prosecutors did not prove their case.Whitehead pointed out that the form said “to the best of his knowledge,” when Diaz signed the form, which is neither false nor inaccurate, and he dismissed both indictments.Harder, who lives at 36 Lockwood Road, Lynnfield, along with Julie A. Rosati, 51, of the same address, are charged with numerous indictments involving violating the Clean Air Act, evading unemployment insurance contributions, removing asbestos without following the DEP regulations and violating the solid waste act.They owned and operated a business which calls itself AEI Environmental, LLC, of Lynnfield and were hired to do asbestos removal involving a number of projects, including the demolition of the former Mayflower Hotel in Beverly, Marblehead?s Village School and Tedesco Country Club, Marshall Middle School in Lynn and Lynn Woods School.As a result of Whitehead?s ruling, the two indictments against Diaz are now dismissed and two indictments out of 20 charges against Harder are dismissed.