Posted on 02/25/2003 7:05:21 AM PST by TaxRelief
The investigation into Thursday's catastrophic fire in West Warwick broadened yesterday with a law enforcement official saying police had searched the home of a co-owner of The Station nightclub and subpoenaed three members of the band Great White.
Ninety-seven concertgoers died Thursday night and 187 were injured when the band's opening fireworks sparked one of the worst nightclub fires in U.S. history. Law enforcement sources said that state police and West Warwick investigators had searched the Narragansett home of Michael Derderian on Sunday and seized records relating to the club.
Investigators also seized and impounded the band's tour bus. They found no pyrotechnics on the bus, making them believe all the fireworks were destroyed in the fire. For a second day, Atty. Gen. Patrick J. Lynch appealed to Derderian and his brother Jeffrey, who co-owned the nightclub, to cooperate with investigators.
Lynch said Jeffrey Derderian hasn't spoken to investigators since the night of the fire and Michael has refused to answer any questions at all. "There's a long list of things that we're all looking into now," said Lynch. "Ninety-seven people have died. Others cling to life as we all stand here. We're all looking for answers." In a statement issued yesterday, Kathleen M. Hagerty, the Derderians' lawyer, countered Lynch's assertions that the brothers have been less than cooperative: "We have arranged to share information with the Department of Attorney General and have been in contact with prosecutors since Friday morning." Hagerty said Michael Derderian spoke with a West Warwick detective Friday morning "as requested" by cellular phone from Florida, and that Jeffrey Derderian "had provided all information requested" by the local police and Lynch's office. "Michael and Jeffrey Derderian understand the severity and tremendous importance to this ongoing criminal investigation." Hagerty could not be reached for further comment.
Members of Great White have cooperated with investigators, Lynch said. The band contends that it had permission for the pyrotechnic display while Jeffrey Derederian says the band never asked for, or received, such permission. If his investigation reveals criminal wrongdoing, Lynch said in an interview Friday, "the most applicable [charge] if you look at the cases throughout the country is involuntary manslaughter."
ON FRIDAY, while firefighters continued pulling bodies from the nightclub rubble, state prosecutors obtained warrants to search Great White's tour bus for pyrotechnics and other potential evidence, a law enforcement official said. The official said that three members of the band -- their names could not be obtained -- received subpoenas to appear before a statewide grand jury investigating the fire. A fourth member of the band couldn't be found to be served a subpoena. The fifth member of the band, guitarist Ty Longley, died in the fire.
The band members were served the subpoenas at the Fairfield Inn on Jefferson Boulevard in Warwick. The grand jury is expected to convene this week and the band members may return to Rhode Island to testify. Yesterday, Lynch would neither confirm nor deny that the musicians have been subpoenaed. But he said that they have cooperated with investigators and he is certain that they will make themselves available in the future. Lynch pointed out that the band members were free to leave the state because they have not been charged with any crimes. Ariel Sabar, a reporter at the Baltimore Sun and a former Journal reporter, spent part of the weekend in Rhode Island covering the fire. He said he was at T.F. Green Airport on Saturday waiting to board a 3:15 p.m. flight on Southwest Airlines when Jack Russell, Great White's lead singer, and two other band members, appeared in dark hats and wrap-around sunglasses. Sabar said the three musicians were given VIP treatment and were allowed to cut the line of 100 travelers and board the flight to Baltimore-Washington International Airport. He said that Russell chatted with the flight attendants and sipped a ginger ale. Sabar said many on the flight recognized them. "There was a lot of head-turning and whispering," he said. LYNCH REFUSED to confirm or deny that Derderian's house had been searched. Under state law, a warrant must be returned within 14 days to the county court where the search was conducted. It must be accompanied with an affidavit and inventory of what was seized. Prosecutors could ask a judge to seal the returned warrants. On Saturday night, a sobbing Jeffrey Derderian, a local television reporter, read a brief statement denying that he ever gave the band permission to use pyrotechnics at the club, contradicting an assertion from the band's leader. Michael Derderian appeared with his brother but neither took questions afterwards. "I believe the Derderians may be able to provide answers that could assist all of us," Lynch said. "I am hopeful that they will cooperate." About 40 investigators from the state police, attorney general's office, West Warwick police, U.S. Bureau of Alcohol Tobacco and Firearms and state fire marshal's office are investigating the fire, said state police Maj. Brendan P. Doherty. Working in teams, they are chasing leads and interviewing survivors. AN ESTIMATED 360 concertgoers were crammed into The Station on Thursday night when the heavy-metal band launched into its first song around 11 p.m. accompanied by a pyrotechnic display. There's a dispute whether the club was overcrowded. Investigators are trying to determine how many were there when Great White took the stage shortly after 11 p.m. Almost immediately, sparks from the pyrotechnics canisters ignited the wall behind the band and then spread with lightning speed across the club's ceiling, which was covered with a foam soundproofing insulation now at the center of the investigation. Governor Carcieri has said some types of soundproofing are highly flammable while others are flame-retardant. Within minutes, the club was engulfed in fire and deadly smoke. Patrons stampeded for the doors. Many of them would be found there later, dead and burned. Firefighters managed to save more than 100. Club owners in at least four states -- New Jersey, Maine, Pennsylvania and Florida -- say Great White used pyrotechnics without permission. Two nights before Thursday's fire, Great White used the same type of pyrotechnic devices in a Bangor nightclub and sparks hit the ceiling, the Associated Press reported last night. The canisters bore the labels of Luna Tech Inc., a pyrotechnics company based in Alabama. The canisters indicated the devices required a minimum ceiling height of 15 feet but the Bangor club's ceiling was only 10-feet high. There was no fire at Bangor club.
YESTERDAY, Paul Vanner, who has worked full-time as a sound and stage manager at The Station since shortly after the Derderians took over its management in March 2000, said he never saw anyone set up pyrotechnics the night of the fire and was surprised to see them go off. Vanner says he was involved with the setup for the club-supplied opening act, Fathead, and for Trip, the band Great White brought along as a second opening act. But because Trip and Great White, which were touring together, shared much of their equipment, he said he spent less time on stage between their shows. Vanner, of East Providence, said he got a call from the band's sound man the night before the show asking about the club's setup, but was never told about pyrotechnics. Vanner said he never saw pyrotechnics set up on stage when the opening acts were performing. "The pyro's not up there, there's nothing in front of the drums when Trip is playing," he said. Vanner said he can only assume that any pyrotechnics were dropped into place just before the Great White show. Vanner said he went for the fire extinguisher, grabbed it, and ran back toward the stage. But he realized the fire had already grown too large, and headed for the kitchen exit, grabbing friends along the way, including bartender Julie Mellini. Vanner said he had been interviewed by someone from the attorney general's office as part of the fire investigation. MUCH OF the fire investigation focuses on the flamability of the foam insulation surrounding where the band played. The Station was last inspected in December. Asked yesterday whether that inspection was vigorous enough, given how fast the fire spread, State Fire Marshal Irving J. Owens wouldn't say. Owens said any specific questions concerning The Station are part of the ongoing investigation. "I cannot answer any questions relating to that investigation," Owens said. "I do not want to discuss anything about foam that might hinder this case." Asked whether he believes the state's fire code was adequate, Owens said, "We are looking into that." Owens said he was satisfied with the codes -- until Thursday -- "because we hadn't had anything of this magnitude."
They need to throw these Great Whites in jail for a long long time.
You can't go around killing 100's of people with your reckless behavior.
That would be like a different thing than permission to burn the place down wouldn't it???
You have no idea what jail times is for.
They killed 100 people with their irresponsible actions.
There are laws against it.
More than likley, it will be shown that it was ultimately the club's repsonsibility to make sure they had a permit, to not have flammable material on the walls, etc. It remains to be seen if the rumors of the owners wanting to get out and were losing money, and that the foam soundproofing material was installed recently, are true. Too many sources are reporting this already, so we shall see.
A few posters have also raised concerns that this building, and others, may not have been inspected properly by the Fire MArshall and that the State/City may end up being financially liable.
He's just a guy who likes to hang around with musicians.....
...ducking from all the thrown drumsticks from ddrummers, and I swear, I'm just recycling an old joke...
PROVE it.
Didn't they teach me about depraved indifference homicide in law school?
I used have a huge list of "drummer jokes" myself.
The band (probably) and the club (maybe) are liable for damages, the amounts being more than either will probably ever be able to pay. But criminal prosecution needs to be reserved for people acting with malice and forethought to do harm, imho.
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