Killer Show
Page 34
Personal interviews provided additional material for the book; however, several key individuals declined the author’s request to be interviewed. They were Jeffrey Derderian, Michael Derderian, Dan Biechele, Denis Larocque, Jack Russell, and Irving (“Jesse”) Owens.
1. SIFTING THE ASHES
1 Only snippets of conversation among the firefighters Karen Lee Ziner and Zachary R. Mider, “Many Feared Dead, Scores Injured, as Fire Rips through West Warwick Club,” Providence Journal, February 21, 2003.
1 By late morning, over one hundred of them Scott MacKay and Alex Kuffner, “Nation’s Media Coverage Converge on Town,” Providence Journal, February 22, 2003.
2 During the first daylight hours, news helicopters Titan Corporation, “The Station Club Fire After-Action Report,” under contract to the Office for Domestic Preparedness, U.S. Department of Homeland Security (hereafter cited as Titan Report), sec. A-26.
2 Video of the fire itself Brian Butler, WPRI-TV Channel 12 videotape (hereafter, Brian Butler videotape), February 20, 2003.
2 Among the questioners was Whitney Casey Whitney Casey, in discussion with the author, June 17, 2008.
3 Ten hours before the fire Bryan Rourke, “Fire Marshal Thought Disaster Would Be ‘Remote,’” Providence Journal, February 22, 2003.
3 Now he wondered whether the phone message Edward Fitzpatrick, “Is It Fair to Blame the State Fire Marshal?” Providence Journal, April 6, 2003.
3 Amid the crackle of flames and din of sirens Ibid.
3 Over the next several days Jennifer Levitz and Zachary R. Mider, “Blaze, Smoke Engulf Victims within Seconds,” Providence Journal, February 22, 2003; Tom Mooney, Linda Borg, and Amanda Milkovits, “With Photos in Hand, Families Hold Out Hope,” Providence Journal, February 22, 2003.
3 Had she been allowed closer Richard A. Gould, “Report of Forensic Archaeology Recovery Team,” March 28, 2003.
3 And, over by what remained of the stage Technical statement / Seizure Report of Deputy State Fire Marshal Robert E. Mowry Jr., June 6, 2003.
4 That afternoon, Fire Marshal Owens’s cell phone Fitzpatrick, “Is It Fair to Blame the State Fire Marshal?”
4 One was Jackie Bernard Jesse Hamilton, “96 Killed in Club Fire Started by Illegal Pyro,” Hartford Courant, February 22, 2003.
4 “Rocky” was a familiar figure at fire scenes Tom Mooney and Zachary R. Mider, “The Fire Marshal,” Providence Journal, December 18, 2003, including photo by Mary Murphy.
4 As the fire marshal’s turnout boots crunched Grand jury testimony of West Warwick detective Raymond Lemoi, July 14, 2003, p. 141, lines 19–25.
2. MILL TOWN WATERING HOLE
6 And that was the beauty of Patrick Quinn’s 1913 plan Tom Mooney, “The Mill Town,” Providence Journal, December 14, 2003. Mooney’s article is an elegant exposition of West Warwick’s history. This chapter owes much to his fine research.
7 With economic downturns often come fire and arson Ibid.
7 A town councilman sought to negotiate contracts Ibid.
7–8 In February of 2003 there sat in the southeast corner of West Warwick Paul Von Zielbauer, “Fire in a Nightclub: The Place; Club’s Fare Changed over the Generations,” New York Times, February 22, 2003.
8 A suspicious fire scarred its interior in 1971 West Warwick File Report, File No. 74, Fire District 4, March 21, 1971.
8 If he ever visited the property after 1995 Jennifer Levitz, “Sources” for “The Entrepreneurs,” Providence Journal, December 17, 2003; (“Raymond J. Villanova’s yacht and Rolls Royce: U.S. District Court, Providence, 1998 lawsuit, Raymond Villanova and Frances Villanova v. William Colite and Town of Lincoln Tax Assessor’s Office”).
8 The dubious allure of operating a marginal bar Scott Mayerowitz, “A Long History, but Few Problems,” Providence Journal, September 22, 2003.
8 A tradesman changing a lightbulb Jennifer Levitz, “The Entrepreneurs,” Providence Journal, December 17, 2003.
9 Each time successive owners sought transfer West Warwick Police Department Incident Reports, March 8, 2000, and August 24, 2000; Minutes of Meetings of the West Warwick Town Council, November 2, 1993, January 6, 1998, and March 21, 2000.
9 One application of soundproofing material occurred in the early summer of 1996 Deposition of Timothy Arnold in Gray et al. v. Derderian et al., CA No. 04–312-L, United States District Court for the District of Rhode Island (hereafter, USDC–RI), May 2, 2005; deposition of Howard Julian in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC-RI, January 10, 2006; witness statement of Howard Julian, February 4, 2003.
9 Notwithstanding Julian’s parsimony Von Zielbauer, “Fire in a Nightclub”; Minutes of Meetings of West Warwick Town Council, January 6, 1998.
9 In arrears to his landlord by over $40,000 Letter from Howard Julian to Raymond Villanova, February 4, 2000.
10 One potential purchaser, Al Prudhomme Grand jury testimony of Albert A. Prudhomme Jr., May 21, 2003.
10 Julian’s potential salvation arrived in December 1999 Levitz, “Entrepreneurs.”
10 It could not have been the ramshackle building Jeff Drake Exhibits, Station floor plan and architectural details.
10 It was actually two doors hung back to back Grand jury testimony of Scott Vieira, March 26, 2003, pp. 28–29, 48–49.
10 And sometimes doorless, in the case of the men’s room Ibid., p. 77
3. ROCK IMPRESARIOS
12 “It’s a place where good bands go to die Grand jury testimony of Steven Scarpetti, May 28, 2003, p. 15, lines 2–3.
12 It was anticipated that the W.A.S.P. performance Term sheet for Julian- Derderian club sale, seized from Michael Derderian’s house.
12 The lead singer for W.A.S.P. Official W.A.S.P. website, http://www.waspnation.com.
12 Lawless’s stagecraft Wikipedia, “Blackie Lawless.”
12–13 W.A.S.P.’s road manager in the spring of 2000 Witness statement of Dan Biechele (AG interview), March 3, 2003, 1 p.m., pp. 55–58.
13 According to their accountant’s statements Financial statements of Jack Mute, CPA, seized from Michael Derderian’s house.
13 Together, they agreed to pay Letter from Joseph J. Reale Jr. to Howard Julian, March 15, 2000.
13 Having cut his journalistic teeth Jennifer Levitz, “The Entrepreneurs,” Providence Journal, December 17, 2003.
13 One of Jeff Derderian’s stories WHDH Channel 7, “In Case of Emergency” video, AG’s First Disclosure, 03–815-PR.
14 Older brother Mike was more of a highflier Financial statements of Jack Mute; Levitz, “Entrepreneurs.”
14 When Howard Julian ran the club Grand jury testimony of Howard Julian, November 5, 2003, pp. 44–47.
14 Uncovered from The Station’s ashes, it read Handwritten framed note from Dan Gauvin to Derderians, Plaintiffs’ Exhibit 344 in evidence warehouse.
14 Vanner worked several nights each week Grand jury testimony of Paul Vanner, May 7, 2003, p. 6, lines 6–23.
14 The Derderians were tightfisted with all their employees Grand jury testimony of John Arpin, April 24, 2003, pp. 6–7.
15 His co-worker, Troy Costa Witness statement of Troy Costa, July 1, 2003.
15 Thomas Walason, of the bands Rock Show Witness statement of Thomas Walason, February 25, 2003, to Detective Eric Johnson, quoted in Johnson’s statement in AG’s Third Disclosure.
15 Geoffrey Read, a volunteer firefighter Witness statement of Geoffrey Reed [sic], October 21, 2003.
15 Justin Pomfret, who escaped from the fire Witness statement of Justin Pomfret, February 21, 2003.
15 Paul Dean, a carpet installer by day Witness statement of Paul Dean, March 3, 2003.
15–16 Even if a musician had other business relations with the club Witness statement of Richard Antonelli, February 26, 2003.
16 According to Richard Carr Witness statement of Richard Carr, March 6, 2003.
16 In the fall of 2002, Jeff Derderian hired Anthony Baldino Witness statement of Anthony Baldino, Septemb
er 16, 2005; Anthony Baldino, in discussion with the author, August 10, 2011.
16 Lewis Cook had the unenviable task Witness statement of Lewis Cook, March 11, 2003.
16 When the cheaply constructed men’s room door Grand jury testimony of Paul Vanner, May 7, 2003, p. 66, lines 13–16.
16–17 Howard Julian routinely told bands Handwritten fax from Howard Julian to Mark Hyman, “re: WASP Feb 23 or 24.”
17 The Derderians caught on Talent Buyers’ Directory, 2003, published by Pollstar Inc.; Capacity Report, Station Fire Investigation, based on documents obtained from search of Michael Derderian’s house.
17 At 6 o’clock on the evening of Witness statement of Francis Canillas, March 11, 2003.
17 Warner or his wife called police with noise complaints Police reports of March 12, 1994; June 10, 1994; June 11, 1994; March 22, 1996; November 10, 1996; and November 14, 1996, disclosed by AG, with witness statement of Barry Warner, March 12, 2003.
17–18 In 2000 the police chief was Peter Brousseau Memorandum from West Warwick police chief Peter T. Brousseau, May 12, 2000.
18 On a quiet afternoon that same month Witness statement of Barry Warner, March 26, 2003, pp. 8–9.
18 Back at the club, Mike Derderian spoke with manager Tim Arnold Witness statement of Timothy J. Arnold, February 24, 2003.
18–19 Later that week, Patricia Byrnes Grand jury testimony of Patricia Byrnes, July 16, 2003, pp. 7–20.
19 Warner thereafter created an American Foam quotation sheet Deposition of Chad Martin in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC– RI, January 3, 2006, and February 8, 2006; witness statement of Chad Martin (American Foam Corp.), March 26, 2004.
19 the ‘Ford Taurus’ of foam Witness statement of Barry Warner, March 26, 2003, p. 57.
19 According to Warner’s secretary Witness statement of Desiree Labree (American Foam), November 18, 2005.
19 Around the same time, Todd Bryant Witness statement of Todd Bryant, September 10, 2006.
19 On June 9, 2000, Mike Derderian wrote to Barry Warner Letter from Michael Derderian to American Foam Corp., dated June 9, 2000.
19 Three weeks later American Foam Corp. invoice to The Station, dated June 27, 2000.
19 Over the following week Witness statement of Timothy J. Arnold, February 24, 2003.
19 3M Super 77 Grand jury testimony of David M. Stone, April 4, 2003.
20 Jeff Derderian was known at WHDH Witness statement of Michael Boudo, June 13, 2003; WHDH Channel 7 “Burning Beds” video, AG’s First Disclosure 03–582-PR.
4. ONLY ROCK ’N’ ROLL
21–22 Erin Pucino worked the 6 a.m. shift Pietra Pucino, in discussion with the author, July 7, 2011. (After the fire, Erin Pucino legally changed her name to Pietra Pucino.)
22-23 Mike Iannone was not what could be called Witness statement of Michael Iannone, October 27, 2003.
23 Nightclub safety was the farthest thing from Gina Gauvin’s mind Felice J. Freyer, “Against the Odds,” Providence Journal, October 26, 2003; Felice J. Freyer, “Saving the Patient,” Providence Journal, October 27, 2003; Felice J. Freyer, “Road to Recovery,” Providence Journal, October 28, 2003; Felice J. Freyer, “Going Home,” Providence Journal, October 29, 2003.
23–24 Thirty-three-year-old Pam Gruttadauria Lydia Polgreen, “Months Past Club Fire, a Struggle to Go On,” New York Times, May 4, 2003; Mark Patinkin, “At the End, Her Lips Moved, and It Seemed Her Head Nodded,” Providence Journal, May 11, 2003.
24 Joe Kinan had even less interest in Great White Joe Kinan, in discussion with the author, January 24, 2008; Angie Cannon, “Looking for Answers in the Ashes,” U.S. News and World Report, February 8, 2004.
24 Three hundred miles north of Rhode Island Ben Ratliff, “Fire in a Nightclub: The Band; Group Persevered by Making Circuit of Smaller Clubs,” New York Times, February 22, 2003.
5. THAT AIN’T NO WAY TO HAVE FUN, SON
25 To the right of the aisle Bus interior photos CPD (Coventry Police Department) 15, 19, and 21; AG’s Fourth Disclosure; Jack Russell’s Great White session musician contract for 2002–3 tour (indexed under witness statement of Eric Powers in AG materials).
25–26 Great White, originally called Dante Fox Jack Russell publicity bio, November 3, 2002, in AG materials, indexed under Stone Pony Contract; Wikipedia, “Great White.”
26 By March 2002 he was hopelessly in arrears Voluntary Petition of Jack P. Russell, United States Bankruptcy Court, Central District of California, August 21, 2002.
26 Nevertheless, his promotional bio still waxed optimistic Jack Russell publicity bio, November 3, 2002.
26–27 It is a music industry convention Grand jury testimony of Mark Kendall, May 21, 2003, Tape 59, side A.
27 When “Jack Russell’s Great White” set off Ibid.
27 Powers was still owed Grand jury testimony of Eric Powers, n.d., Tapes 3–5.
27 Session musicians were definitely second-class citizens Jack Russell’s Great White session musician contract, in AG materials.
27 This tour of Jack Russell’s Great White Wikipedia, “Great White.”
27 Starting off in Honolulu, Hawaii Grand jury testimony of Eric Powers, Tapes 3–5.
27–28 At 9:43 on the morning of January 20 Stephen Kurkjian, Stephanie Ebbert, and Thomas Farragher, “Series of Errors Sealed Crowd’s Fate,” Boston Globe, June 9, 2003; witness statement of Terry Barr, February 21, 2003; FedEx shipping invoice 9–351–33505 for delivery January 20, 2003.
28 The tour moved on to Hewitt, Minnesota Grand jury testimony of Eric Powers, Tapes 3–5; Witness statement of Dan Biechele, February 21, 2003, 7:13 a.m.
28–29 Moving northward Witness statement of Chris Rush, February 26, 2003.
29 The Great White tour bus Witness statement of John Kubus, March 4, 2003, p. 10.
29 Biechele, the tour manager, would print Mark Arsenault, Paul Edward Parker, and Tom Mooney, “Extra: The Station Fire—Filling in Some Blanks,” Providence Journal, November 9, 2007; Tour Day Sheet for Great White appearance at The Station, February 20, 2003.
29 Great White’s contract with The Station Great White / Station appearance contract, February 20, 2003, Exhibit 147 in evidence warehouse.
29 The hospitality rider for Jack Russell’s Great White Jack Russell’s Great White Catering Rider 2002/2003. All such riders referenced in this chapter in AG’s materials.
29–30 Warrant’s hospitality rider Warrant Hospitality Rider for Station appearance.
30 The first clue that you’re getting to be Dokken Hospitality Rider for Station appearance.
30 And your strangeness quotient Black Label Society Hospitality Rider for Station appearance.
30 W.A.S.P.’s contract for The Station W.A.S.P. Hospitality Rider for Station appearance.
30 One measure of clout in the rock touring world Rider Agreement for Mick Taylor and Band appearance at The Station, September 3, 2000; fax from Station management to Bruce Solar of Absolute Artists, August 10, 2000 re: Mick Taylor appearance.
31 One such band, Firehouse Photograph from Firehouse appearance at The Station, disclosed in AG materials.
31 One instrument-case maker Coffin Case label, Plaintiffs’ Exhibit 290 in evidence warehouse; Coffin Case website, www.coffincase.com.
31 But why do people spend Michael Mikutowicz, in discussion with the author, June 18, 2011; witness statement of Michael Mikutowicz, September 15, 2005.
31 Mikutowicz’s Black Sabbath tribute band Witness statements of Michael Mikutowicz, February 25, 2003, February 27, 2003, September 20, 2005, and October 25, 2005; Station poster for coming events, February 2003.
31 One night at The Station Witness statement of Stephen D. Lewis, September 20, 2005; witness statement of Michael Mikutowicz, October 25, 2005.
31–32 Believer’s front man was as frugal ATF interview of Michael Mikutowicz, February 27, 2003; witness statement of Michael Mikutowicz, September 15, 2005.
32 Holy Diver was not the only local band
Grand jury testimony of Rev Tyler, April 16, 2003; O’Ryan Johnson, “Pyrotechnics Used at Club by Area Musician,” North Andover (MA) Eagle-Tribune, February 22, 2003.
32 Other bands using pyro at The Station Witness statement of Clifford L. Koehler, February 25, 2003.
32 Nathan Conti ran sound for Dirty Deeds Grand jury testimony of Nathan R. Conti, April 16, 2003; witness statement of Robert A. Conti and Nathan R. Conti, February 27, 2003.
32–33 Some pyro bands at The Station eschewed equipment altogether Grand jury testimony of Edward Ducharme, April 29, 2003.
33 One time at The Station he performed his fire-breathing trick Ibid., p. 6, lines 6–11.
33 Two days before that gig Ibid., p. 9, lines 14–21.
33 Frank Davidson grew up in Rhode Island Witness statement of Frank Davidson, February 22, 2003; transcript of recorded phone conversation between Frank Davidson and Paul Vanner, February 28, 2003 (Rhode Island State Police controlled call); transcript of recorded phone conversation between Frank Davidson and Kevin Beese, March 1, 2003 (RI State Police controlled call); grand jury testimony of Frank Davidson, April 22, 2003.
33 Station regular Cliff Koehler clearly recalls Witness statement of Clifford L. Koehler, February 25, 2003.
34 Alfred Gomes noticed, too Grand jury testimony of Alfred Gomes, April 29, 2003, p. 7, lines 8–23, p. 8, lines 1–2.
6. LUCKY DAY
35 At least that’s what crossed Tina Ayer’s mind Witness statement of Jacqueline Bernard, February 27, 2003.
35 Tina Ayer had done the ’80s heavy-metal thing Stephanie Chelf, “Memorial Biography of Tina Ayer,” Boston Globe, www.boston.com/news/packages/nightclub_fire/victims/tayer.htm.