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Federal Charges Filed In Fort Morgan Asbestos Case

Metro-Area Men Indicted By Federal Grand Jury

POSTED: 3:13 pm MDT April 8, 2004

Two Colorado men faced federal charges Thursday in connection with asbestos removal at Fort Morgan High School in 1999.

Joseph John Cannella, 41, of Arvada, was arrested Thursday morning. An arrest warrant was issued for Steven Douglas Herron, 55, of Aurora.

Both men were named in federal indictments, charging them with conspiracy to commit Clean Air Act violations, mail fraud and making false statements for their alleged roles in the asbestos abatement project at the high school.

Cannella was a senior management employee for National Service Cleaning Corp., and Herron owned a consulting firm hired by the school district to certify NCC's asbestos renovation work.

The 11-count indictment alleges that the two men conspired to violate the Clean Air Act, make false statements and commit mail fraud. The mail fraud counts involve mailing allegedly fraudulent statements to Morgan County that asbestos abasement work had been performed as promised.

"This indictment demonstrates the seriousness with which EPA takes the defendants' illegal activities," said Robert Roberts, the Region 8 administrator for the Environmental Protection Agency. "These activities posed a significant health risk to the students, faculty and staff at Fort Morgan High School. Such actions cannot and will not be tolerated."

Authorities said shoddy work potentially exposed students and teachers to cancer-causing asbestos and forced the school to close in February 2000. The 800 students finished the year in middle school classrooms, and the high school opened in the fall after a second cleanup.

School district officials said the cleanup and renovation project cost $8 million. Lawmakers were forced to allocate $2 million for the project in the 2000 state budget.

Two other men were indicted in the same case in 2001. Daniel Argil, of Houston, pleaded guilty to federal charges and is serving a 68-month prison sentence. He was also ordered to pay $232,000 in restitution to the school district. David Backus, of Cheyenne, Wyo, also pleaded guilty and is awaiting sentencing. Backus worked for Herron as an inspector.


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