“This resolution cannot restore the life that was taken,” said Marthe Kent, OSHA’s New England regional administrator. “But it can help prevent future injuries and loss of life.”
The settlement with OSHA is separate from a civil lawsuit filed on behalf of Moulton’s parents, Kim Flynn and Robert Moulton, against the North Suffolk board of directors, the state and Chappell himself.
John Regan, one of the attorneys representing Moulton’s parents in the suit, said that lawsuit is still pending, with the parties wrangling over the exchange of evidence in the case.
The North Suffolk directors, as a group, have sought to dismiss the suit, an issue now under appeal to the Supreme Judicial Court, which may hear arguments this fall, said Regan. Meanwhile, Regan has been trying to obtain additional records, including Chappell’s chart, which would show what employees were told about his background.
Earlier this year, the Moultons succeeded in obtaining a copy of a Department of Mental Health report into the incident, but that report had been heavily redacted, with identifying information about employees blacked out.
Regan said, however, that the report does substantiate one of the main allegations in the civil lawsuit — that North Suffolk’s policy was to not provide information concerning a resident’s history of or propensity toward violence.
In the criminal case, in which he is facing a murder charge, Chappell is expected to be the subject of a status hearing on his mental competency Thursday in Suffolk Superior Court, where a trial date has been tentatively set for Oct. 7.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at email@example.com or on Twitter @SNJulieManganis.