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Band Lawyer Says Nightclub Wanted Pyrotechnics
new york times ^ | 2/28/03 | PAUL von ZIELBAUER

Posted on 02/28/2003 9:27:33 AM PST by freepatriot32

WEST WARWICK, R.I., Feb. 27 - A day after the tour manager for the band whose pyrotechnics ignited the fire that killed 96 people at a nightclub here testified before a grand jury, his lawyer said today that the manager had confirmed a week before the performance that the club ``wanted pyrotechnics.''

His comments came as Gov. Donald L. Carcieri reported that the death toll in the Feb. 20 fire was lowered by 1 to 96 after the state medical examiner completed examining all the remains. All the victims have been identified, the governor said.

Thomas G. Briody of Providence, the lawyer for the tour manager, Dan Biechele, also said today: ``Dan always sought permission from promoters or club representatives before pyrotechnics were used. When permission was denied, pyrotechnics were not used.''

Mr. Biechele, who has worked with Great White, the band that was performing at the Station nightclub, and other 1980's metal bands, appeared Wednesday before a grand jury in East Greenwich that is investigating the fire.

Last week a concert promoter in Florida said that Mr. Biechele set off similar fireworks at a concert in St. Petersburg this month without asking permission. Tim Bryant, the promoter in St. Petersburg for Great White's concert at the Pinellas Expo Center on Feb. 7, said that he was not aware the band would use pyrotechnics and that the band's tour manager, Mr. Biechele, added the equipment without telling Expo Center officials.

``I approached him afterwards and asked why we weren't informed of it,'' Mr. Bryant said. ``He just said it was low-line pyro and they do it at all the shows, that it's no big deal. And he pretty much walked away from me.''

Mr. Bryant also said that before the Feb. 7 show, his security chief had seen Mr. Biechele behind the stage connecting wires to a black box. He said he could not say what the box was used for.

Rhode Island records show that currently, 16 people hold licenses from the state's fire marshal allowing them to legally ignite pyrotechnics. No one from Great White, including Mr. Biechele, is on that list, nor are the Station's owners or managers, those records show. State officials investigating the fire said they believed no one from either group held such a license and that Great White's pyrotechnics show was illegal.

The Station's owners have said the band never asked for permission to use pyrotechnics and never informed anyone at the club that they would be used.

A lawyer for Great White's singer, Jack Russell, has also said the band had received permission from the Station's owners, Jeffrey and Michael Derderian.

Also today, the Commerce Department's National Institute of Standards and Technology said it would investigate the fire, the number of people inside the club at the time and whether any illegal or unsafe materials caused the fire to spread as rapidly as it did.

An agency spokesman said its investigators would probably use their findings to make recommendations to fire safety groups for improvements in building codes.

About 60 people who escaped the fire remained hospitalized today, including 36 who are in critical condition.

While the type of flammability of the sound-reducing foam insulation that surrounded the stage is a major focus of the state's investigation into the fire, officials are also examining whether a recent safety inspection by West Warwick's fire inspector may have overlooked the foam, which state law requires to be fire-resistant.

On Nov. 20, Denis Larocque, the town's fire inspector who is also a Fire Department battalion chief, visited the club as part of the establishment's application for a renewal of its liquor license. He noted a few minor problems, such as a door that opened the wrong way, and an open gas can in the basement, and returned twice more before certifying the club in December.

Stephen Murray, the town's building inspector, had accompanied him on at least one visit, said Wolfgang Bauer, West Warwick's town manager.

The sound foam, commonly know as egg crating for its wavy surface, was not mentioned on the town fire inspector's November safety report, Mr. Bauer said.

`

`Whether that was up there all the time or whether it came down at some times for inspection purposes, I'm not sure,'' Mr. Bauer said today. ``Whether we missed something, I don't know.''

``Did we make a mistake in this particular case?'' he added. ``Well, we're investigating that.''

Mr. Larocque and Mr. Murray each declined to comment on the inspection today.

Gary Keith, president of regional operations for the National Fire Protection Association, a nonprofit research group, said fire-safety inspections consist of a relatively standard checklist, and that seeing insulating foam on the walls of a nightclub would raise concerns about its flame resistance.

State fire laws prohibit any ``acoustical material'' that is not flame resistant from being attached to a building's walls. When there is doubt, the law requires a ``match flame test'' of a sample quantity. Any material that burns for longer than two seconds or spreads a match flame more than 4 inches is illegal.

If the foam was installed before it was approved by inspectors, Mr. Keith said, the inspector would typically write a violation notice and give the club time to fix it or close the club if the hazard appeared immediately dangerous


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; Front Page News; News/Current Events; US: Rhode Island
KEYWORDS: 96; band; dead; fire; great; greatwhite; island; jumpingwithglee; lawyer; nightclub; nightclubfire; pyrotechnics; rhode; says; station; the; tragedy; wanted; white; wrongassumptions
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To: TLBSHOW
Like I said, the word for today is cabal. It's ok though, it's being watched.
81 posted on 02/28/2003 2:57:40 PM PST by Jael (Word for the day: Cabal!)
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To: justshe
oops......lol.......I meant, "Different strokes for different folks." Distracted here. ; *)
82 posted on 02/28/2003 2:58:51 PM PST by Southflanknorthpawsis (Jail Jael)
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To: Jael
Like I said, the word for today is cabal. It's ok though, it's being watched.

Oh yeah. "It" is. LOL

83 posted on 02/28/2003 3:01:19 PM PST by DaughterOfAnIwoJimaVet ( "It was total manipulation. He was trying to confuse me, and it worked." - Nigel Tufnel)
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To: Jael
It's ok though, it's being watched.

Bwahahahahaha

84 posted on 02/28/2003 3:01:44 PM PST by Southflanknorthpawsis (Jail Jael)
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To: Southflanknorthpawsis; Jim Robinson
It's interesting that the same few people follow me around on FR and troll/stalk me. Even after being informed by JR that I am not a retread poster. It's interesting that their comments are the personal attacks that disrupt threads.
85 posted on 02/28/2003 3:01:51 PM PST by Jael (Word for the day: Cabal!)
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To: Jael
I read this whole thread because I wanted information on the night club fire. However, it was very difficult because I had to wade through the discussions of the OFF-TOPIC site you linked to this thread (which by the way, I found offensive).

There isn't a cabal, Jael. You simply annoy a lot of people.

86 posted on 02/28/2003 3:04:19 PM PST by Miss Marple
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To: Jael
I don't know what you are talking about. I never said he hated God. Gee, your little retort reminds me of the kind of crapola I see the lefties post on other sites. Cut it out.



87 posted on 02/28/2003 3:04:26 PM PST by FirstTomato (If I think of a tagline, you all will be the first to know!)
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To: Jael
Just reading the thread and suddenly realized, as I kept reading, that you had done what you accuse others of doing.

And as I kept reading, there you were, standing center stage, all eyes on you, Admin Mods alerted. Charges of lying and deceit. Your religion interjected. And the topic so far buried only a 'mole' could find it.

Jeers for doing it once again.

88 posted on 02/28/2003 3:04:36 PM PST by justshe (FREE MIGUEL !)
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To: Jael
Wait......you forgot "Hugs to JR". You are pathetic. I guess second to disrupting, you favor tattletailing. Poor soul !!!
89 posted on 02/28/2003 3:05:00 PM PST by Southflanknorthpawsis (Jail Jael)
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To: Miss Marple
How nice of you to show up too!!!! Posting to me just because????

Coinky dink, I am sure.
90 posted on 02/28/2003 3:05:23 PM PST by Jael (Word for the day: Cabal!)
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To: Jael
Why do you think they would do it without permission?

I would ask why would they do it, period! Don't they have enough experience with this stuff to know how much clearance is needed to safely operate it? Is there a report that anyone in the band or associated with the band has stepped to say "oh yeah, we told them it was too dangerous, we better not do that here"?

I can appreciate their grief that they lost a band member but deplore their running away from accepting any responsibility for their own actions. That joint was a tinderbox waiting to go up, but guess what? Great White lit the ?#$%& match!

91 posted on 02/28/2003 3:05:56 PM PST by onehipdad
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To: Jael
Actually, I've found that you are a retread. Just not the one they think you are. If I were you, I'd change my posting habits. In fact, you might want to become invisible. Definitely do not stir up any trouble. Probabtionary retreads do not get many warnings, if any at all.

92 posted on 02/28/2003 3:07:28 PM PST by Jim Robinson (Save the Constitution. Dump a Democrat!)
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To: Miss Marple
I read this whole thread because I wanted information on the night club fire.


Same.
93 posted on 02/28/2003 3:07:57 PM PST by justshe (FREE MIGUEL !)
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To: SarahW
This deserves repeating;

The band is owned no apology. They are not relieved of their own obligations to use theatrical pyrotechnics in a safe manner.

No matter how culpable the club owners turn out to be, they are culpable as well. I tend to think they did NOT ask for permission, but even if they did, there is no excuse for them for not have proper overhead clearance for the pyro pots (which burn at 2000 degree farenheit, BTW), ready access to extinguishers or with assurance that any required permits had been aquired by the club.

Their use *was* reckless and they are going to be charged with negligent homicide.

Well said.
There are numerous other accounts of this band using pyrotechnics WITHOUT PERMISSION in other clubs. I think they are lying about having permission in this case.

And even if they did have persmission, they are still the party most directly responsible because they used pyrotechnics that specifically called for a 15 ft ceiling when they had less than 10 ft.

It was their responsibility to know what was a safe environment for the specific pyrotechnics they were using. Attempt to avoid responsibility by putting it on the owners is not going to work.

94 posted on 02/28/2003 3:08:04 PM PST by Jorge
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To: Jael
You are on a thread that has a lot of interest to a lot of people. If you post on such a thread, expect replies. Do not fancy yourself as someone who merits a great deal of attention.
95 posted on 02/28/2003 3:08:35 PM PST by Miss Marple
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To: FirstTomato
I thought you said God hating but you said Christian hating. My bad.

But the guy really seems to love the Lord and is willing to speak up for Christ against sin. It takes a lot of courage to do that in todays world.
96 posted on 02/28/2003 3:09:27 PM PST by Jael
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To: Jim Robinson
Like your tag.
97 posted on 02/28/2003 3:11:48 PM PST by justshe (FREE MIGUEL !)
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To: DaughterOfAnIwoJimaVet
Heard about it on the radio! Score a TKO for Great White.

A TKO for Great White? Incredible. They just killed nearly 100 people. The idea that they can wash their hands of responsibility by claiming the owner gave them permission to commit this horrible crime is nuts.

98 posted on 02/28/2003 3:13:11 PM PST by Jorge
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To: Jael
But the guy really seems to love the Lord and is willing to speak up for Christ against sin. It takes a lot of courage to do that in todays world.

This really has nothing to do with this thread. It is tragic that so many people died but to state that most went to hell is cruel and not the kind of speaking truth in love that true Christians would do.

99 posted on 02/28/2003 3:14:21 PM PST by Lauratealeaf
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To: onehipdad
Not to excuse it at all, but I wonder if being under the influence of drugs or alcohol had any impact on what happened? Maybe the people who decided to go ahead with the fireworks inside were drunk or stoned.
100 posted on 02/28/2003 3:14:57 PM PST by Jael
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