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

December 21, 2006, 17 years ago

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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.


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