GREAT WHITE

GREAT WHITE Station Fire Update: Nightclub Owner's Bankruptcy Petition Finalized


The following report is courtesy of Lynn Arditi And Steve Peoples from Projo.com:

The deadline for challenging a Chapter 7 bankruptcy petition filed by Jeffrey and Michael Derderian has passed, clearing the way for the federal court to shield the brothers from civil claims filed in The Station fire case. But those civil suits filed by victims of the fire name nearly 50 defendants besides the Derderians. Besides the Derderians, the suits name foam manufacturers, a radio station and a beer company.

The state Department of Labor and Training's $1 million fine against the Derderians for not carrying workers' compensation insurance coverage is not affected by the bankruptcy. The brothers own The Station nightclub in West Warwick, which burned to the ground in February 2003, killing 100 people. The brothers are each facing 200 counts of involuntary manslaughter. Michael Derderian's trial is slated to begin September 5. The Derderians released a statement (August 16th), indicating that they intend to continue to make voluntary monthly payments to some employees' families who died in the fire.

"While we are deeply aware that no amount of money could ever provide solace to those affected, we remain fully committed to doing all we can to assist those affected by this tragedy for as long as we are able to do so," reads the Derderians' statement.

The Labor Department fined the Derderians and Derco LLC $1.06 million for failure to purchase the mandatory workers' compensation insurance coverage for the nightclub. The bankruptcy petition, expected to go through later this week, would wipe out the more than $200,000 in workers' compensation benefits that state labor officials last year ordered the Derderians to pay to the families of the nightclub employees killed in the fire. In lieu of those benefits, the Derderians have been sending the employees' families monthly checks - $125 for those without children and $500 for those with children - since April 2005, lawyers said.

GREAT WHITE Station Fire Update: Station Witness List At Issue

The following report is courtesy of Paul Edward Parker from Projo.com:

State prosecutors have asked a Superior Court judge to block 23 of the witnesses that Station nightclub owner Michael A. Derderian has said he may call in his trial on involuntary manslaughter charges that is scheduled to begin Tuesday.
In motions filed the last two days, prosecutors argue that the testimony of 19 of the witnesses would not be relevant to the case. They say that, for two other witnesses, the defense has not complied with court rules that require both sides to share with each other information about what evidence will be presented at the trial, a process called discovery. For two others, prosecutors say that the witnesses' testimony would not be relevant and that the defense did not comply with discovery rules.

Derderian is charged with involuntary manslaughter in the Station fire, which claimed 100 lives. His brother, Jeffrey A. Derderian, the club's other owner, will face the same charges in a later trial.

Eighteen of the defense witnesses that prosecutors seek to block are owners, employees or otherwise associated with some of the venues at which rock band GREAT WHITE played before its Feb. 20, 2003, show at The Station. The West Warwick nightclub burned down after Great White's tour manager shot off fireworks when the band took the stage.

The 18 witnesses, from venues in Minnesota, Wisconsin, Indiana, Florida, Georgia, North Carolina, Pennsylvania, New Jersey and Maine, were originally interviewed by federal agents who were helping state investigators.

Prosecutors said they expect the 18 would be asked to testify about whether Great White used fireworks at their venues and whether the band's tour manager, Daniel M. Biechele, of Winter Springs, Fla., sought permission to use fireworks there.
In their motion to block the testimony, prosecutors William J. Ferland, Randall White and Christopher R. Bush called such testimony irrelevant because all that matters is whether Biechele sought permission to use fireworks at The Station.

Three of the remaining witnesses are Rhode Island state officials: building commissioner Daniel R. DeDentro, fire marshal George S. Farrell and William Howe, chief of inspections in Farrell's office.

Prosecutors say they expect Farrell's testimony will concern recent news reports that bar owners are not usually fined for fire-code violations unless they refuse to remedy them after they are pointed out during an inspection.
Part of the case against Derderian alleges that he committed a crime by violating several provisions of the fire code and that those violations led to the Station fire deaths.

Prosecutors argue that any testimony Farrell could offer about when bar owners are cited for violations would be irrelevant because the judge in the Station fire case, Francis J. Darigan Jr., has already ruled that it does not matter whether Derderian had been cited for violations on the night of the fire, only whether the violations existed.

In a defense filing early last month, Derderian said Howe is expected to testify that the fire code at the time of the fire was "daunting for new inspectors," that two people could read it differently and apply it different ways and that lay people would need expert help to interpret the code.

Prosecutors argue that "the issue of whether the fire-safety code is vague or ambiguous is a legal question for this court to answer, and it has already done so." In a ruling last year, Darigan said, according to prosecutors, "The duty in the fire-safety code is clear. Ignorance of the law is no excuse."

Prosecutors also argued that the defense has not provided them with enough information about Howe's anticipated testimony, violating the discovery rules. They raise the same object to DeDentro as a witness.

The other two witnesses prosecutors are seeking to block are an engineer from Maryland, Thomas C. Brown, and a fire expert from Minnesota, Robert A. Schroeder.

Prosecutors say the defense violated discovery rules with both witnesses.

Additionally, they say that Schroeder's anticipated testimony is irrelevant.

Schroeder is expected to testify about polyurethane foam and about fire tests conducted on polyurethane foam. The walls of The Station had been covered by polyurethane packing foam as soundproofing after neighbors complained about noise. The packing foam was highly flammable and helped the fire start, then spread quickly through the club. Another type of polyurethane foam, intended for soundproofing, is fire retardant.

Prosecutors argue that tests Schroeder conducted on polyurethane foam are not relevant because it was not the foam that had been in The Station.

They also argue a survey that Schroeder conducted, about what foam companies supplied when asked for soundproofing foam, is irrelevant because it was Derderian's duty to be sure that anything on the walls of his nightclub was fireproof.
Brown is expected to testify about how fire inspections are conducted and about how the safe capacity of a building is calculated.

Prosecutors also filed papers yesterday in the related case against Biechele, the Great White tour manager.
After pleading guilty to 100 counts of involuntary manslaughter in February, Biechele was sentenced in May to serve four years at the Adult Correctional Institutions. Last week, he filed a motion seeking a reduction in that sentence.

Yesterday, prosecutors filed an objection to Biechele's request. No hearing has been scheduled.

GREAT WHITE Station Fire Update: Jury Selection To Begin In Trial Of Nightclub Owner

The following report is courtesy of Projo.com:

The start of jury selection in the trial of Station nightclub co-owner Michael A. Derderian on Tuesday will mark the opening of what could be the most dramatic chapter of this tragedy since the night in 2003 when flames consumed the West Warwick nightclub and claimed 100 lives.

Witnesses at the trial will include not only experts and officials, but also survivors of the fire who will describe what it was like inside the burning building and how they struggled to stay alive. The jury may even hear from the dead. Pretrial motions from prosecutors indicate they may play one or more recordings of cell-phone calls placed from inside The Station by people who perished.

And the defense has foreshadowed a spirited attack on West Warwick's fire marshal, who repeatedly failed to cite the nightclub's owners for installing highly flammable polyurethane foam as soundproofing on the building's walls.
But none of that drama will unfold immediately. Jury selection is expected to be a lengthy and laborious process. The first witnesses will not take the stand until next month.

Very little will happen in the public eye this week.

On Tuesday and Wednesday, potential jurors will report to the new Kent County Court House in four separate groups, one in the morning and one in the afternoon each day. The jury commissioner sent summonses to 800 potential jurors. Many of those have been excused because they are unable to serve. About 500 remain in the pool that is expected this week.
Jurors will gather in a room in a secure part of the courthouse, where they will watch a 16-minute video titled Called To Jury Service: Why Me? Narrated by Dyana Koelsch, the former TV reporter and former courts spokeswoman, the video outlines what jury service entails. It can be viewed on the Internet at this location. After watching the videos, jurors will be brought to a courtroom on the fourth floor, where Judge Francis J. Darigan Jr. will greet them and they will be sworn in. Then, everyone but the jury commissioner and the potential jurors will leave the room. Jurors will fill out a 32-page questionnaire and then leave.

Although the questions have not been made public, they are expected to be standard sorts of inquiries used to determine whether a potential juror might be biased. Typical questions would include whether jurors are related to people involved in the case or whether they have an employment history that touches on the case, such as having worked in a hospital burn unit or in a nightclub.

After the last group of potential jurors finishes the questionnaires Wednesday afternoon, the forms will be copied. One copy will go to the defense, and one to prosecutors. The judge will keep the originals. Over the next two weeks, the judge and the lawyers will review the forms. Based on their answers, some of the jurors will be excused "for cause," usually meaning that they have an obvious potential bias. The public will not be allowed to watch this part of jury selection, according to courts spokesman Craig N. Berke.

Jurors will be instructed to call a phone number to learn whether they have been excluded. Those who have not are expected to return to court the week of Sept. 18 for the continuation of jury selection.

At that point, 16 potential jurors will be selected at random and seated in the jury box. (There are 12 jurors who will deliberate the case, plus 4 alternates.) Lawyers for each side can then question individual jurors and challenge them for cause. If the judge agrees, the juror is removed. Each side will also have six peremptory challenges, allowing them to remove jurors without giving a reason. The judge can increase the number of peremptory challenges, if needed. Any removed jurors will be replaced by potential jurors selected at random, and the process will be repeated until the sides stop challenging jurors.

If a jury is seated before the week of Oct. 2, everyone will go home and return that week for the trial to resume. If the jury is seated after Oct. 2, the trial will begin immediately.

Prosecutors will give an opening statement that outlines their view of the case. Defense lawyers can make their opening statement right after the prosecutors or wait until later in the trial, when their part of the case begins.
The prosecution team from the attorney general's office comprises William J. Ferland and Randall White, who are assistant attorneys general, and Christopher R. Bush, who is a special assistant attorney general.

When they finish presenting their case, the judge might hear motions. Sometimes cases are dismissed at this point.
If the case is not dismissed, the defense will have the opportunity to present its case. The defense is not required to present any evidence, though lawyers in the Station fire case have indicated they plan to call witnesses.

The defense team comprises Kathleen M. Haggerty, a former state prosecutor, and Richard M. Egbert, who has represented many high-profile defendants in New England, including former Gov. Edward D. DiPrete and former Providence Mayor Vincent A. Cianci Jr.

After both sides present their case, lawyers for each side make a closing statement to the jury, summarizing their view of what the evidence showed and how the law applies.

Testimony in the case is expected to last 8 to 10 weeks, ending in December, although estimating the length of a trial is tricky.
The judge will then instruct the jury about legal principles that apply, and the jury will retire to deliberate. To reach a verdict, all 12 jurors must agree. While they are deliberating, the jury may, from time to time, return to the courtroom to ask the judge for additional guidance.

If the jury finds Derderian not guilty, the case ends. Derderian is free to go and cannot be tried again on the same charges.
If the jury finds Derderian guilty, he might be taken into custody immediately or he could be released on bail. Sentencing would take place at a later date. Derderian would also have several ways to appeal the verdict.

Derderian is charged with 200 counts of involuntary manslaughter, 2 for each of the 100 people who died. He is charged under two separate theories of involuntary manslaughter, one called misdemeanor manslaughter, and one called criminal negligence. Despite the names, both types are felonies.

Although the jury can find Derderian guilty of both types, he can be sentenced for only one, because the Constitution's double-jeopardy clause bars punishing someone twice for the same crime.

Under the misdemeanor manslaughter theory, prosecutors would have to prove that Derderian committed a misdemeanor that resulted in the deaths. In this case, the misdemeanor alleged by the state is that the nightclub owner violated a state fire-code provision banning flammable wall coverings, the polyurethane foam that had been used as soundproofing.
Under the criminal negligence theory, prosecutors would have to prove that Derderian knew he was putting people in danger at the club but ignored the risks, resulting in the deaths.

The trial is open to the public, but seating will be limited. The courtroom has room for about 50 people in the public gallery. Some of those seats will be reserved for the 22 news organizations planning to cover the trial. Families of the 100 people who died will have priority for seating. Two overflow rooms with big-screen TVs and sound systems will be set up to accommodate those who cannot fit into the courtroom. Those rooms seat 180 people each.

The parking garage at the courthouse has 530 spaces, which should be enough for the Station trial and other court business on most days. Court personnel are making arrangements for overflow parking. On most days, the trial will run from 9:30 a.m. to 12:30 p.m., and then 2 to 4:30 p.m. Judge Darigan has said he may incorporate days off into the schedule.
The CourtTV cable network will cover the trial, except for jury selection, but will not present every minute of the proceedings live. Local TV will also provide extensive trial coverage, but no one has announced plans to televise every minute. The Providence Journal plans daily coverage, and other major papers, including the Los Angeles Times, The New York Times and The Boston Globe, have signed up to cover the trial.

Michael Derderian is one of three defendants in the Station fire, all three facing the same charges. His brother, Jeffrey A. Derderian, the nightclub's other owner, will stand trial later. Daniel M. Biechele pleaded guilty in February to 100 counts of involuntary manslaughter and was sentenced in May to serve four years at the Adult Correctional Institutions. He was the tour manager for the rock band GREAT WHITE. The Station fire started when Biechele ignited fireworks to punctuate the band's entrance on Feb. 20, 2003.

GREAT WHITE Station Fire Update: Nearly 100 Fail To Show For Jury Selection

The following report is courtesy of Boston.com:

Nearly 100 people summoned for jury duty failed to appear in court earlier this week as jury selection began in the trial of the co-owner of The Station nightclub, where a 2003 fire killed 100 people.

Michael Derderian faces 200 counts of involuntary manslaughter - two counts for each person killed under separate legal theories - for the Feb. 20, 2003 fire at the West Warwick club. The fire was sparked by the rock band GREAT WHITE's pyrotechnics.

Court officials expected 512 prospective jurors to report to the Kent County Courthouse on either Tuesday or Wednesday, said Craig Berke, a spokesman for the state judiciary. Instead, 421 people showed up.
The names of the prospective jurors have not been released publicly, and it's not known why the 91 people were absent, Berke said.

Berke said court officials anticipated a fair number of absentees and were not troubled by the attendance.
"They feel like they have a satisfactory number right now to work from," Berke said.

The jury commissioner's office plans to contact the no-shows to ask why they were not in court. But beyond making a notation next to their name and summoning them for jury service again in the future, there's not much the court can do about the absences, Berke said.

The prospective jurors who came to court completed 32-page questionnaires aimed at gauging their knowledge of the fire and their personal connections to it.

Lawyers will use the questionnaire responses to trim the jury pool. Those who remain in the pool will return to court later this month for additional questioning.

Opening statements in the trial are not expected for another month. Eight hundred people had initially been summoned for jury duty, but roughly 300 were excused before this week because they were unable to serve.

GREAT WHITE Station Fire Update: Jury Selection In Trial Delayed

The following report is courtesy of Boston.com:

Jury selection in the criminal trial for an owner of a nightclub where a fire killed 100 people three years ago has been delayed. Michael Derderian, 45, is charged in the Feb. 20, 2003 fire at The Station nightclub in West Warwick, which was sparked by a pyrotechnics display for the rock band GREAT WHITE. He faces 200 counts of involuntary manslaughter -- two counts for each person killed under separate legal theories. More than 400 jurors who filled out questionnaires earlier this month were initially asked to call into the jury commissioner's office Wednesday to find out if they were required to report back for the jury selection process. Instead, those who call Wednesday will be instructed to call back on Monday. The earliest they would be asked to report to the Kent County Courthouse would be Tuesday, September 26, court spokesman Craig Berke said in an e-mail. Superior Court Judge Francis Darigan said it was taking longer than expected to review the questionnaires and get through pretrial motions and procedural matters, Berke said.

GREAT WHITE Station Fire Update: Owners To Plead No Contest In Deaths

The following report is courtesy of CNN.com:

The owners of a nightclub where a 2003 fire killed 100 people will plead no contest to involuntary manslaughter charges, and only one will have to serve prison time, their lawyer said Wednesday. Victims' relatives were outraged.

Kathleen Hagerty said brothers Jeffrey and Michael Derderian will enter the pleas more than 3-1/2 years after pyrotechnics ignited foam soundproofing as a band started playing at The Station nightclub.

She confirmed that Michael Derderian will serve 4 years in a minimum security prison, with eligibility for a work release program, and that Jeffrey Derderian will receive a suspended 10-year sentence.

Some relatives of those killed were furious to hear about the punishments, which they considered light.

"I can't believe the attorney general is just going to stand by and say OK to this," said Diane Mattera, whose 29-year-old daughter, Tammy Mattera-Housa, died in the fire.

Hagerty confirmed the pleas after WJAR-TV of Providence reported on a letter Attorney General Patrick Lynch wrote to families of those killed to announce the plea deal.

Robert Bruyere, whose stepdaughter, Bonnie Hamelin, died in the fire, said he and his wife, Claire, learned about the plea on the news and had not yet heard from the attorney general.

Lynch "better hope I don't see him in person, because I'll be in jail," he said.

Lynch's spokesman Mike Healey did not immediately return phone messages left seeking comment. WJAR reported that Lynch was calling family members Wednesday to inform them of the pleas.

The plea comes as jury selection was underway for Michael Derderian's criminal trial.

The fire on February 20, 2003, at the West Warwick nightclub began when pyrotechnics used by the heavy metal band GREAT WHITE ignited flammable soundproofing foam placed around the stage. A guitarist for the band was among those killed, and more than 200 people were injured.

In May, former Great White tour manager Daniel Biechele was sentenced to four years in prison for igniting the pyrotechnics without the required permit. He pleaded guilty in February to 100 counts of involuntary manslaughter.

The Derderians have each pleaded not guilty to 200 counts of involuntary manslaughter -- two counts for each person killed under separate legal theories. A count of involuntary manslaughter in Rhode Island carries up to 30 years in prison.

One theory accuses them of committing a misdemeanor -- installing flammable foam in violation of the state fire code -- that led to the victims' deaths; the other accuses them of operating their club with criminal negligence by maintaining unsafe conditions.

GREAT WHITE Station Fire Update = Without A Trial, Questions In Nightclub Case Stay Unanswered

The following report is courtesy of Eric Tucker from The Associated Press:

The trials of Jeffrey and Michael Derderian would have spanned months and involved mounds of exhibits, hundreds of witnesses and graphic testimony about the fire that killed 100 people at The Station nightclub more than three years ago.

But the decision by the Derderians to plead no contest to involuntary manslaughter charges concludes the criminal cases surrounding the fire, erasing the prospect of a trial and leaving victims' relatives with a laundry list of questions they fear may never get answered.

"Now, a lot of things won't come out that should have come out," said Leland Hoisington, whose daughter, Abbie, 28, was among those killed in the Feb. 20, 2003 fire, which was sparked by a pyrotechnics display for the rock band Great White.

The families question why local fire inspectors who visited the club before the blaze cited the West Warwick building for multiple hazards _ but not the flammable foam around the stage that ignited and spread the flames. Eight of the victims lived or worked in Connecticut.

Some want to know why the West Warwick fire marshal agreed to increase the capacity of the club in 1999 and again in 2000, that time at the request of Michael Derderian, according to court documents.

"Why was that building operable?" asked Dave Kane, whose 18-year-old son, Nicholas O'Neill, was the youngest victim of the fire. "Why did the building inspectors and the fire marshals of that town not close it down?"

A trial could have also settled conflicting accounts about whether GREAT WHITE had permission to use the explosives. The band's ex-tour manager says he had permission from Michael Derderian, a statement accepted by prosecutors. The Derderians, who owned the club, have said the band never had approval.

The Derderians and former Great White tour manager Daniel Biechele were the only three people charged, though victims' families thought others _ including town fire inspectors and individual band members _ should have been charged, too.

Those people could have been subjected to blistering questioning on the witness stand, potentially providing revealing testimony about what led to the fourth-deadliest nightclub in U.S. history.

"We don't get our justice at all," Kane said.

In exchange for their pleas, to be entered next week, Michael Derderian will receive four years in prison and his brother will avoid prison with a 10-year suspended sentence. Michael Derderian will also receive 11 years suspended and three years probation. Jeffrey will get three years probation and 500 hours of community service.

Biechele pleaded guilty to 100 counts of involuntary manslaughter last February and was sentenced to four years in prison.

Superior Court Judge Francis Darigan said he decided to accept the Derderians' pleas in hopes of resolving the case and sparing the victims' families from having to relive the fire through a lengthy, heart-rending trial that he said would include disturbing video and photos.

But those comments angered some family members, who believe the judge had no right to intervene in the process.

Kane said it's not the judge's place to shield families from pain.

"He's not a therapist, he's a judge," Kane said. "And if I have a problem, I shut off the TV, I don't read a newspaper, I take a couple of Excedrin and sing 'Kumbaya' or something."

Richard Lapierre, whose son, Keith, died in the fire, said he almost threw up at the news and hadn't slept for the last two nights. He said he wanted a trial to find out what happened.

"So if the judge thinks he did us a favor, he made things worse," Lapierre said.

Jury selection began earlier this month in Michael Derderian's trial, which was expected to last through the fall. Jeffrey Derderian was to have been tried later.

Though the criminal cases are resolved, additional information will still be available through ongoing civil litigation in federal court. The Derderians were among dozens sued, though they are shielded from liability after filing for bankruptcy protection.

In a letter he wrote to victims' families announcing the pleas, Attorney General Patrick Lynch said he was in the process of identifying evidence collected during the investigation that can be released to the public. His spokesman did not return a call for comment Friday.

James Gahan, who lost his son, Jimmy, and is a plaintiff in the civil case, said that as the father of a victim, he has been given ample information about the fire. But he wants what he knows to be broadly accessible.

"We pretty much know what went on, between investigations done by the attorney general's office and lawyers for the civil case," he said. "We're pretty satisfied. There might be a few little blanks to fill in.

"But I think the people of Rhode Island really deserve to know, and hopefully that evidence can be released now to the public."

GREAT WHITE Station Fire Update - Families Look To Lawsuit For Accountability

The following report is courtesy of The Associated Press:

Now that the criminal case stemming from The Station nightclub fire in Rhode Island is ending, the families of some of the 100 people killed in the blaze are looking to a massive civil case for accountability.
The federal lawsuit, filed by nearly 300 people who were injured or lost loved ones in the fire, names dozens of defendants, including everyone from the rock band GREAT WHITE, whose pyrotechnic display sparked the fire, to a salesman for the company that sold flammable polyurethane foam used as soundproofing.
James Gahan, whose 21-year-old son, Jimmy, died in the fire, said he is hoping the civil case will assign responsibility to everyone who contributed to the tragedy.
“If the criminal system is not going to follow through and make them accountable, the only thing we have left is the civil system,” Gahan said.
The fire at the West Warwick, R.I., nightclub was sparked by pyrotechnics that ignited the foam during a concert by Great White on Feb. 20, 2003. It was the fourth-deadliest nightclub fire in U.S history.
The lawsuit alleges that carelessness and negligence by the defendants was to blame for the 100 deaths and more than 200 injuries.
Many family members of those killed in the fire are angry about a plea deal announced last week for nightclub owners Jeffrey and Michael Derderian. In exchange for no contest pleas to involuntary manslaughter charges, Michael Derderian will receive four years in prison, while Jeffrey Derderian will avoid prison altogether. The Derderians are expected to enter their pleas Friday.
Former Great White tour manager Daniel Biechele, the only other person charged criminally, was sentenced to four years in prison in May after pleading guilty to involuntary manslaughter.
Chris Fontaine, whose 22-year-old son, Mark, was killed in the fire, said she is hoping the civil case helps give families a better understanding of the events leading up to the fire, particularly why building and fire inspectors in West Warwick allowed the club to remain open after multiple citations for various hazards.
“We’re looking for the answers that we’ve been deprived of because of not having a (criminal) trial,” said Fontaine, whose daughter, Melanie, survived the fire with second- and third-degree burns.
“We want to hear all the evidence. We want to hear about the inspections. We just want information,” she said. “It’s about holding people accountable and getting the answers.”
Attorney Michael St. Pierre, who represents the families of eight people who died and 28 people who were injured, said that once the Derderians enter their pleas and are sentenced, they can be compelled to answer questions in the civil case because they will no longer face criminal liability.
“No longer can Michael or Jeffrey Derderian ... refuse to answer interrogatories and depositions that we may set up,” St. Pierre said. “That was a very big obstacle for us.”

The story continues here. http://news.bostonherald.com/localRegional/view.bg?articleid=159378

GREAT WHITE Station Fire Update: Pleas Set For Tomorrow

Providence Journal ( www.projo.com ) has issued the following report from Amanda Milkovits:

One of the biggest criminal cases in Rhode Island's history culminates tomorrow morning in Courtroom 4E in the new Kent County Court House, when the brothers who owned The Station nightclub will be sentenced for the fire that killed 100 people there three years ago.

Jeffrey and Michael Derderian are scheduled to plead no contest to involuntary manslaughter charges, which ends the criminal prosecution against them. In exchange for their pleas, Superior Court Judge Francis J. Darigan Jr. has agreed to sentence Michael Derderian to four years in prison and issue a suspended sentence to Jeffrey Derderian.

The case has attracted national attention, and the court is expecting a crush of media and spectators when the courthouse doors open at 8:30 a.m. Space is limited inside Courtroom 4E, so there are overflow rooms for spectators at Courtroom 4F and Room 3005.

But before the judge issues his decision, the court will hear from those whose lives were changed by the deadly fire.

There are 25 people who've asked to give victim impact statements to the court, said courts spokesman Craig N. Berke. Others are submitting written statements to the judge, who will collect them all by the end of the day today and read them tonight in preparation for the hearing.

When court begins at 9:30 a.m. tomorrow, Darigan will give his opening remarks on the case and review the guidelines of the victim impact statements. The speakers have already been issued written guidelines on addressing the court, Berke said.

The speakers are each allowed five minutes to give their statements. After that, the judge will take the change of plea. The prosecution and the defense attorneys will speak. The Derderians are also expected to address the court.

After that, the judge will issue his decision on the plea arrangement.

The court anticipates completing the hearing tomorrow. If necessary, the hearing will continue to Tuesday.

Jeffrey Derderian, 39, will receive a 10-year suspended sentence, 3 years of probation and 500 hours of community service.

Word of the plea agreement was leaked last week, inciting a controversy over the proposed sentences for the brothers. Michael A. Derderian, 45, is to serve 4 years in prison followed by 3 years of probation and an 11-year suspended sentence.

While the Derderians' defense attorneys say that Attorney General Patrick C. Lynch's office proposed the plea agreement, Lynch denies that and said the judge set the sentence terms over his objections.

Darigan has said that he decided how the plea would be resolved when the prosecution and defense couldn't reach an agreement.

In a letter to the fire victims, the judge wrote that avoiding a trial was in the best interests of all the parties. He accepted the pleas because he was convinced that the trials "would only serve to further traumatize and victimize not only the loved ones of the deceased and the survivors of the fire, but the general public as well," the judge wrote.

In May, Darigan sentenced Daniel M. Biechele - the tour manager for rock band GREAT WHITE who set off fireworks that started the fire and the only accused person to plead guilty - to four years in prison and three years of probation.

GREAT WHITE Station Fire Update - Names Of The Dead Recited, Photos Displayed In Friday Hearing

USA Today ( www.usatoday.com ) has issued the following report courtesy of The Associated Press:

Angry relatives of concertgoers killed in a horrific 2003 nightclub fire begged a judge Friday to change his mind about plea deals for two brothers who owned the venue.

"Lady Justice in Rhode Island is blind, but she's also deaf," testified Jay McLaughlin, the brother-in-law of victims Sandy and Michael Hoogasian.

The family members' testimony — which sometimes deviated from the judge's instructions to cover only the fire's effect on their lives and not the plea or legal issues — was expected to last for hours before Jeffrey and Michael Derderian were sentenced.

Judge Francis Darigan, wanting to avoid a long and heart-wrenching trial, said as the hearing began that he would not reconsider the deals.

ON DEADLINE: Updates from the hearing

After the relatives had testified for about two hours, Jeffrey Derderian was slumped in his seat, choking back tears. Earlier, his lawyer took off her glasses, dabbed at her eyes and sobbed.

The fast-moving club fire — one of the deadliest in U.S. history — began when a rock band's pyrotechnics ignited foam that the Derderian brothers had put up for soundproofing. One hundred people were killed, including many who were trapped and died at the doorways, overcome by fumes and smoke. More than 200 people were injured.

The Derderians planned to plead no contest to involuntary manslaughter charges. In exchange, the judge was expected to sentence Michael Derderian, 45, to four years in prison and to give Jeff Derderian, 39, a suspended sentence with probation and 500 hours of community service.

At the start of Friday's hearing, lights were dimmed and a voice recited the names of the dead, as video screens displayed photographs, each with a name, age and hometown.

Then began the testimony by their relatives, many of whom had wanted to see the brothers stand trial and had hoped for far stiffer punishments.

Claire Bruyere said her daughter Bonnie Hamelin was now in a place where "there is no corruption or negligence."

"She was let down by the system, state and even me. I can't reassure her that someone was held responsible for her death," Bruyere said. She was applauded as she finished her statement.

The Derderians will also have an opportunity to address the judge.

The flames and toxic fumes that broke out on Feb. 20, 2003, during the concert by the 1980s band GREAT WHITE quickly consumed the one-story wooden building in West Warwick, 13 miles south of Providence. at The Station club. Panicked concertgoers were left in a logjam at the front exit.

The fire, the fourth-deadliest nightclub blaze in U.S. history, prompted an overhaul of Rhode Island's fire codes, a tide of lawsuits and criminal charges against the Derderians and former Great White tour manager Daniel Biechele.

Biechele was sentenced in May to four years in prison after pleading guilty to involuntary manslaughter for igniting the stage explosives.

Once the Derderians enter their pleas and are sentenced, criminal charges against all three defendants will have been resolved without any of the men going to trial.

Michael Derderian will receive the harsher sentence because he purchased the foam, defense attorney Kathleen Hagerty said. She has said the brothers were not warned the material was dangerous or violated the fire code.

The brothers will plead no contest to a theory of involuntary manslaughter accusing them of committing a misdemeanor — installing flammable foam that violated the fire code — that led to the deaths. The foam was used after neighbors complained about the club's loud music.

A federal civil lawsuit filed by nearly 300 people who were injured or lost loved ones is still pending.

GREAT WHITE Station Fire Update - Victims' Kin Urge Judge To Rethink Deals

The following report is courtesy of Eric Tucker from The Associated Press:

Angry relatives of concertgoers killed in a horrific 2003 nightclub fire sparked by a band's pyrotechnics begged a judge Friday to change his mind about plea deals for two brothers who owned the venue.

"Lady Justice in Rhode Island is blind, but she's also deaf," testified Jay McLaughlin, the brother-in-law of victims Sandy and Michael Hoogasian. Other family members applauded as he returned to his seat.

The relatives' testimony _ which often deviated from the judge's warnings to cover only the fire's effect on their lives and not the plea or legal issues _ lasted for several hours before Jeffrey and Michael Derderian were sentenced.

Judge Francis Darigan, wanting to avoid a long and heart-wrenching trial, said as the hearing began that he would not reconsider the deals, which will give Jeffrey Derderian no prison time and his brother four years behind bars. They pleaded no contest to 100 counts of involuntary manslaughter Friday afternoon shortly before they were expected to be sentenced.

Still, many family members tried to change the judge's mind.

"I know you can do better, and I'm asking you to," said Susan Howorth-Pritchard, whose brother, Carlton Howorth III, died in the fire. "It's the right thing to do."

After the relatives had testified for about two hours, 39-year-old Jeffrey Derderian was slumped in his seat, choking back tears. Earlier, his lawyer took off her glasses, dabbed at her eyes and sobbed. Michael, 45, began to cry when family friend Jody King spoke of his brother, a club bouncer who died in the fire.

The fast-moving club fire _ one of the deadliest in U.S. history _ began when the rock band's pyrotechnics ignited foam that the Derderian brothers had put up for soundproofing. One hundred people were killed, including many who were trapped and died at the doorways, overcome by fumes and smoke. More than 200 people were injured.

Although he will not be sentenced to serve prison time, Jeff Derderian is expected to get a suspended sentence with probation and 500 hours of community service.

At the start of Friday's hearing, lights were dimmed and a voice recited the names of the dead, as video screens displayed photographs, each with a name, age and hometown.

Then began the testimony by their relatives, many of whom had wanted far stiffer punishments as well as a trial, where they could find out more about how and why their loved ones died.

Claire Bruyere said her daughter Bonnie Hamelin was now in a place where "there is no corruption or negligence."

"She was let down by the system, state and even me. I can't reassure her that someone was held responsible for her death," Bruyere said. She was applauded as she finished her statement.

The Derderians will also have an opportunity to address the judge before sentencing.

The flames and toxic fumes that broke out in The Station club during the concert by the 1980s band Great White on Feb. 20, 2003, quickly consumed the one-story wooden building in West Warwick, 13 miles south of Providence.

The fire, the fourth-deadliest nightclub blaze in U.S. history, prompted an overhaul of Rhode Island's fire codes, a tide of lawsuits and criminal charges against the Derderians and former GREAT WHITE tour manager Daniel Biechele.

Biechele was sentenced in May to four years in prison after pleading guilty to involuntary manslaughter for igniting the stage explosives.

Once the Derderians enter their pleas and are sentenced, criminal charges against all three defendants will have been resolved without any of the men going to trial.

Michael Derderian will receive the harsher sentence because he purchased the foam, defense attorney Kathleen Hagerty said. She has said the brothers were not warned the material was dangerous or violated the fire code.

The brothers will plead no contest to a theory of involuntary manslaughter accusing them of committing a misdemeanor _ installing flammable foam that violated the fire code _ that led to the deaths. The foam was used after neighbors complained about the club's loud music.

A federal civil lawsuit filed by nearly 300 people who were injured or lost loved ones is still pending.

(Photo: Michael Derderian, second from left, and Jeffrey Derderian, second from right, stand with their attorneys Richard Egbert, left, and Kathleen Hagerty, right, in Kent County Superior Court in Warwick, R.I., Friday, September 29, 2006)

GREAT WHITE Station Fire Update - Owners Sentenced
The following report is courtesy of The Associated Press:

One owner of a nightclub where 100 people died in a fire sparked by a band’s pyrotechnics received four years in prison Friday, and the other was sentenced to probation as the victims’ relatives vented their anger over what they considered to be overly lenient sentences. Michael Derderian, who received the prison time, and his brother, Jeffrey, pleaded no contest to 100 counts of involuntary manslaughter for the 2003 fire, which quickly engulfed The Station nightclub because they had installed highly flammable foam to ease neighbors’ noise concerns. Family members of those killed in the 2003 fire during a GREAT WHITE rock concert said Friday that they feel betrayed and angry at the outcome of the criminal case.

GREAT WHITE Station Fire Update: State Used Mock Jury Consultant To Prepare For Trials

The following report is courtesy of Tracy Breton from Projo.com

In preparing to try the Station fire case, the office of Attorney General Patrick C. Lynch spent about $70,000 of taxpayer money to hire a nationally renowned jury consultant who staged a mock trial so prosecutors could learn about the strengths and weaknesses of their case.
But neither the consultant nor Lynch’s office will say what the jury verdict was after listening to the arguments presented in the one-day “focus session.”

The consultant, Jeffrey T. Frederick, of Charlottesville, Va., says he is sworn to secrecy based on a confidentiality agreement he signed with Lynch’s office.

Michael J. Healey, spokesman for the attorney general, says he will not discuss the mock jurors’ verdict “because that gets to our office’s internal work product and that’s privileged.”

Healey would not divulge anything about what the mock jurors told the prosecutors about the strength of their cases against the three men charged in connection with the fire that killed 100 people and injured more than 200 others. But he adamantly denied that the input from the mock jurors made prosecutors less eager to try the three defendants charged with the deaths. He said he wanted to make it clear that win or lose, Lynch wanted to see the cases go to trial “because he felt that he owed that to the victims and to the people of Rhode Island that there would be a trial.”
None of the defendants charged in the case went to trial. Daniel M. Biechele, the tour manager for the rock band GREAT WHITE who set off pyrotechnics inside the nightclub, sparking the deadly blaze, pleaded guilty in May to 100 counts of involuntary-manslaughter for setting off fireworks without a permit. He is currently serving a four-year sentence in work-release.

Michael and Jeffrey Derderian, who owned the nightclub, each pleaded no contest Sept. 29 to 100 counts of involuntary manslaughter for installing highly flammable polyurethane foam on the walls of their club. Michael Derderian was sentenced to the same term of imprisonment as Biechele; Jeffrey Derderian received a suspended prison term and was ordered to perform 500 hours of community service.

Healey said in an interview Friday that while prosecutors and defense lawyers had been in plea negotiations for months, Lynch was “stunned” when he learned during jury selection for Michael Derderian’s trial that the two brothers were willing to admit responsibility and forgo a trial. He said the three prosecutors who were assigned to the case had been working long hours preparing for the trials of the brothers. Hiring a jury consultant, he said, had been part of Lynch’s decision that the state was going to do everything it possibly could to put its best foot forward.

According to vouchers given to The Providence Journal by Lynch’s office last week in response to an information request, during the past three fiscal years ending on June 30, the prosecution spent $307,275.34 — over and above staff salaries and benefits — to prepare the Station fire cases for trial. And bills are still coming in.

Of the $307,275 paid out, $124,678 was spent on experts hired by the state, including the jury consultant. (To date, Frederick has been paid $40,407.44; Healey said the state is awaiting a final bill, which he estimates will be about $30,000.)

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GREAT WHITE Station Fire Update: Club Owner Begins Work Release


TurnTo10.com ( www.turnto10.com ) has issued the following report:

Station nightclub co-owner Michael Derderian has begun his work-release assignment.

A spokeswoman for the state Department of Corrections said Derderian started his job on Monday. Spokeswoman Tracey Poole said department policy prohibits her from saying where he's working, but she said Derderian chose the job.

Derderian pleaded no contest to involuntary manslaughter charges last month and was sentenced to four years at the Adult Correctional Institutions. His brother, Jeffrey Derderian, was given a suspended sentence, but he must perform community service.

Fire swept through the West Warwick club on February 20th, 2003, killing 100 people and injuring 200 others. Investigators said sparks from a band's pyrotechnics display ignited foam that had been used as soundproofing.

Former GREAT WHITE tour manager Daniel Biechele, who lit the fireworks, is working as a bookkeper for a nonprofit agency in Woonsocket. He was sentenced in February to four years in prison.

GREAT WHITE Station Fire Update: Judge OKs Release Of Grand Jury Testimony

The following report is courtesy of Eric Tucker from the Associated Press

A judge on Thursday approved the release of grand jury testimony in The Station nightclub fire case, granting the attorney general's request to provide the public with information about the investigation into the deadly blaze.

Though grand jury testimony is normally secret, Superior Court Presiding Justice Joseph Rodgers Jr. said the rule was not absolute and that "unique circumstances" merit its release.

The judge said some traditional reasons for not disclosing grand jury testimony, such as intimidation of witnesses, did not apply in this case since the panel concluded its investigation more than three years ago and much information has already been made public.

"The Station fire and the profound grief and loss that followed have garnered more public attention and media coverage than any other event in recent Rhode Island history," Rodgers wrote in his 14-page order.
Attorney General Patrick Lynch said in a prepared statement that the transcripts could be released by the end of January. He said it would take time to black out certain personal information provided by witnesses.
The February 20, 2003 fire at the West Warwick club killed 100 people and began when pyrotechnics ignited during a concert by the rock band GREAT WHITE set fire to flammable foam used as soundproofing around the stage.

A grand jury was convened within days of the fire to determine whether criminal charges were warranted. In December 2003, club owners Jeffrey and Michael Derderian and former Great White tour manager Daniel Biechele were each indicted on 200 counts each of involuntary manslaughter.
All three defendants entered pleas earlier this year, resolving the criminal cases without a trial and leaving victims' relatives concerned about whether there would ever be a public accounting of the circumstances of the fire and the resulting investigation.

The attorney general's office subsequently petitioned Rodgers for permission to release the grand jury transcripts. At a hearing last week, opponents of the disclosure said witnesses who appear before a grand jury need to feel they can speak freely without fear of retaliation. They also said releasing secret testimony could tarnish the reputation of someone who was investigated by the grand jury but ultimately exonerated and never charged. But the judge overruled those concerns, saying the list of witnesses has already been made public and that none of the people who appeared before the grand jury has formally objected to the material being released. Rodgers also said he was sensitive to the lawyers involved in a massive civil case over the fire pending in federal court. The lawyers, who have spoken in support of the disclosure, have not received the same access to the grand jury materials as attorneys in the criminal case. They say the grand jury testimony, given within months of the fire, would probably provide a more reliable description of the fire than any statements that are taken now. Michael Derderian and Biechele were each sentenced to four years in prison, and Jeff Derderian was given probation and 500 hours of community service.

GREAT WHITE Station Fire Update: Plaintiffs In Suit Hire Conflict Specialist

The following report is courtesy of Stephen Kurkjian from Boston.com:

Lawyers representing more than 300 people who lost loved ones or who were injured in the devastating fire that swept a Rhode Island nightclub nearly four years ago have agreed to hire a nationally recognized specialist in conflict resolution as a first step toward trying to settle dozens of civil lawsuits.

The suits have been filed against the owners of the nightclub and nearly 100 others whom the lawyers allege played a role in the tragedy.

A team of nine lawyers who represent most of the plaintiffs sent a letter Thursday to the federal judge in Providence who is hearing the case requesting approval of their motion to hire Francis E. McGovern, a professor at Duke University Law School as a special master.

According to a 2003 profile on the law school’s website, McGovern helped organize the distribution of $2.4 billion compensating 100,000 women who had sued the maker of the Dalkon Shield contraceptive intrauterine device and helped forge solutions in cases involving DDT toxic exposure in Alabama. McGovern did not return phone calls yesterday.

McGovern would not be involved in negotiating with defendants to settle, according to the letter, which said that task would be taken up by others, who were not identified.

Max Wistow of Providence, one of the nine lawyers, said last night they had started negotiating a settlement with one defendant, whom he declined to name.

‘‘We’re just beginning this process, but we’ve already had some serious discussions [with the defendant] about a negotiated settlement,’’ Wistow said. ‘‘Some clients are in serious economic conditions, and if we can, we would like to be ready to distribute money under some equitable plan.’’ He declined to speculate how long a settlement might take.

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GREAT WHITE - Station Fire Update: "Fire Marshal Told Grand Jury He Missed Foam At RI Nightclub"

The following report is courtesy of Eric Tucker, Associated Press Writer:

A town fire marshal who inspected a nightclub months before a fire killed 100 people told a grand jury investigating the blaze that he didn't see flammable foam around the stage because his "fire-safety" inspection was focused on extinguishers, exit signs and emergency lighting -- but not on the dangerous material blamed for fueling the flames.

Former West Warwick Fire Marshal Denis Larocque has never spoken publicly about The Station nightclub fire in 2003 -- or his role in inspecting the club. But he described to the grand jury visits to the club in November 2001 and November 2002 that were done as part of an annual liquor license renewal process.

He said he spotted nine problems in November 2002, including poorly lit exit signs and an inward-swinging door, but didn't see the foam because he was doing what he called a "basic," less in-depth inspection.

"These particular inspections are not full-building inspections," Larocque told the grand jury, according to a transcript dated June 25, 2003. "These are, what they call, fire-safety inspections."

A copy of Larocque's testimony, obtained by The Associated Press on Wednesday, offers the fullest account to date of how officials overseeing building inspections and enforcing fire codes never detected the highly flammable foam -- a crucial question in the investigation into the fire.

A judge last month authorized all secret grand jury testimony in the case released, and the attorney general's office hopes to disclose it entirely later this month. But Kathleen Hagerty, an attorney for club owners Jeffrey and Michael Derderian, on Wednesday provided copies of Larocque's testimony and testimony by the man who sold the club owners the highly flammable foam they used as soundproofing.

The disclosure came after repeated requests from the AP for the documents.

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