Killer Show

by John Barylick

  35 Tina’s best friend, Jackie Bernard Witness statement of Jacqueline Bernard, February 27, 2003; Franci Richardson and Marie Szaniszlo, “Survivors Lucky to Get Out Alive,” Boston Herald, February 22, 2003.

  35 Under a handwritten heading Guest List from Station debris, Plaintiffs’ Exhibit 147 in evidence warehouse.

  36 By November 2002 the Derderian brothers had tired W. Zachary Malinowski, “Brothers Were Trying to Sell Their Nightclub,” Providence Journal, February 26, 2003.

  36–37 One interested reader was Armando Machado Witness statements of Armando M. Machado, February 21, 2003, and July 25, 2006; intraoffice memorandum from Judy Kearns, Triton Realty, May 12, 2006 (indexed under Mary Jo Carolan witness statement in AG’s Disclosure); purchase-and-sale agreement between DERCO LLC and Armando Machado, November 24, 2002.

  37 The Derderians’ “other two buyers” were Temporary purchase agreement between Derco LLC and Michael P. O’Connor, February 7, 2003; witness statement of Michael P. O’Connor, March 8, 2003.

  37–38 Around 9 o’clock on the morning of February 19 Witness statements of Richard T. Sanetti, March 1, 2003, and April 10, 2003; witness statement of Patricia Sanetti, April 10, 2003.

  38 He told them that the Station concert would be a “killer show,” complete with pyrotechnics Witness statements of Shane M. Embelton, March 8, 2003, and March 14, 2003.

  38 They filed articles of organization Articles of Organization for The Station Club, LLC, February 20, 2003.

  38–39 That same day, Jack Russell woke up with an idea Jennifer Levitz, “The Guest List,” Providence Journal, December 19, 2003. Facts elicited by Levitz’s excellent research form the basis of several vignettes in this chapter.

  39 The rocker had agreed to be interviewed Witness statements of Michael Ricardi, February 25, 2003, and April 4, 2003; videotape interview with Jack Russell by James Gahan and Michael Ricardi, February 20, 2003; Stephen Kurkjian, Stephanie Ebbert, and Thomas Farragher, “Deadly Decisions: Behind the Rhode Island Nightclub Fire—Deception, Missteps Sparked a Tragedy,” Boston Globe, June 8, 2003.

  39–40 When Jack Russell finally strode Levitz, “Guest List.”

  40 About ten minutes after nine, Mike O’Connor Witness statement of Michael P. O’Connor, March 8, 2003.

  40–41 Jason Lund, twenty-six, was in the thick Witness statement of Jason Lund, AG’s Third Disclosure.

  41 But at 10:55 Patty Sanetti left to go home Witness statements of Richard Sanetti and Patricia Sanetti.

  7. YOURS, IN FIRE SAFETY …

  42 Mike thought back to his bachelor party at The Station Jennifer Levitz, “The Guest List,” Providence Journal, December 19, 2003.

  42-43 In Rhode Island, local fire inspections are carried out by Tom Mooney and Zachary R. Mider, “The Fire Marshal,” Providence Journal, December 18, 2003.

  43 In addition to his home, he owned Stephanie Ebbert, “Town Officials’ Ties Raise Eyebrows; Nightclub Fire Exposes Municipal Dealings,” Boston Globe, March 25, 2003; West Warwick Tax Assessor’s Office records.

  43 The job of fire code inspector in West Warwick Mooney and Mider, “Fire Marshal.”

  43 Although the job paid the same as his old position, $42,216 Agreement between the Town of West Warwick and Local 1104, International Ass’n. of Fire Fighters, AFL-CIO, July 1, 1996–June 30, 1999, p. 28.

  43 Bull-necked and stocky, with a fireman’s trademark mustache Assistant deputy state fire marshal ID card of Denis Larocque, December 31, 1999.

  43 In December of 1999 his work took him to The Station Memo from Peter Brousseau to Gerald Tellier, November 15, 1999.

  43–44 Larocque’s capacity calculations Zachary R. Mider, “The Station’s Capacity Went from 50 to 404 since ’69,” Providence Journal, August 24, 2003.

  44 The Rhode Island state fire code mandates Rhode Island General Laws, Title 23, chap. 28.6.

  44 On December 30, 1999, he wrote to Police Chief Brousseau Memo from Denis Larocque to Peter Brousseau, December 30, 1999.

  44 Just over two months later Grand jury testimony of Denis Larocque, June 25, 2003, pp. 18–21; memo from Denis Larocque to Peter Brousseau, March 2, 2000.

  44 The fire code relied upon by Larocque Rhode Island General Laws, Title 23, chap. 28.6, secs. 3, 4.

  44 According to William F. Howe Mider, “Station’s Capacity Went from 50 to 404.”

  45 Kimberly and Stephanie Napolitano Kimberly Napolitano and Stephanie Napolitano, in discussion with the author, August 31, 2011.

  45 The foam ran the length of the south wall Deposition of Timothy Arnold in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI, May 2, 2005.

  45 The state fire code requires decorative Rhode Island General Laws, Title 23, chap. 28.6, sec. 15.

  45 Under that test protocol Ibid.

  45 Had the match flame test been applied Results of statutory match-flame test conducted by author, presented to West Warwick Town Council, April 2, 2008.

  45 An earlier attempt at sound insulation Grand jury testimony of Denis Larocque, June 25, 2003, p. 13.

  45–46 The first West Warwick fire inspection thereafter Field Inspection Notice, Town of West Warwick Fire Department, November 21, 2000.

  46 A year later, in November 2001, Larocque himself West Warwick Fire Department Inspection Report, November 10, 2001, by “D. Larocque”; witness statement of Denis Larocque, February 25, 2003.

  46 Larocque returned to The Station in November 2002 Ebbert, “Town Officials’ Ties Raise Eyebrows”; West Warwick Fire Department Inspection Report, November 20, 2002, by “D. Larocque.”

  46 On December 2, 2002, a “compliance inspection report” confirmed Witness statement of Denis Larocque, February 25, 2003.

  46 However, the offending door Grand jury testimony of David M. Stone, April 4, 2003, pp. 36–39, 50.

  46 New England Custom Alarms Deposition of Joseph LaFontaine, New England Custom Alarms, in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI, April 4, 2005; letter from Joseph LaFontaine to The Station, December 4, 2002, stating, “A copy of this letter will be forwarded to the West Warwick Fire Prevention office.”

  47 Larocque would testify after the fire Witness statement of Denis Larocque, February 25, 2003; Grand jury testimony of Denis Larocque, June 25, 2003, pp. 46–47.

  47 That door was completely covered with the gray egg-crate foam Grand jury testimony of David M. Stone, April 4, 2003, pp. 36–37.

  8. SUDS, SPARKS, AND SPONSORSHIP

  48 We’re back! We’re fuckin’ back Matthew Pickett audiotape, February 20, 2003.

  48 This was the between-set patter of emcee Gerald M. Carbone, “WHJY DJ the Doctor Is among the Missing,” Providence Journal, February 22, 2003.

  48 Dan Biechele, set up an apparatus Report of Robert Mowry Jr., Rhode Island Fire Marshal’s Office, August 19, 2003; witness statements of Dan Biechele, February 21, 2003 (1:21 a.m.), February 21, 2003 (7:13 a.m.), February 28, 2003, and March 3, 2003; testimony of Dan Biechele at plea proceeding, February 7, 2006.

  48 Gonsalves, forty, shared some personal history Carbone, “WHJY DJ the Doctor Is among the Missing.”

  48–49 Like Mike Hoogasian, Gonsalves Memorial Biography of Michael Gonsalves, Providence Journal, March 20, 2003.

  49 Budweiser’s interest in the concert Witness statement of Donald N. Trudeau, March 7, 2003; affidavit of Donald N. Trudeau, April 3, 2007.

  49 McLaughlin & Moran was a substantial advertising customer Affidavit of Charles Borkoski, April 3, 2007; memorandum to Charles Borkoski (WHJY) from Jennifer Garner, February 17, 2003.

  50 That impression was cemented by Dr. Metal’s on-air telephone interview Grand jury testimony of Douglas Bardsley, June 25, 2003; letter of Robert Grasso to Police Chief Peter Brousseau, February 21, 2003; witness statements of Robert Grasso, February 24, 2003, and April 22, 2003; grand jury testimony of Robert Grasso, July 14, 2003; witness statement of Ronald Goodinson, March 5, 2003.

  50 The night of Great W
hite’s appearance at The Station Witness statement of Donald N. Trudeau.

  50 The two beer men were joined near the horseshoe bar Grand jury testimony of Jordan Clark, May 28, 2003; grand jury testimony of David McGinn, May 28, 2003; grand jury testimony of Jill Malinowski, May 28, 2003; grand jury testimony of Stephen Scarpetti, May 28, 2003; grand jury testimony of Jeremy Gately, May 28, 2003.

  50–51 On the floor at center stage Instructions for Pyropak Tube Devices / Gerbs, Luna Tech Inc.; fax from Dan Biechele to Randy Bast containing Great White pyro order, January 2003; statement of Michael A. Roland, S.A., Bureau of Alcohol, Tobacco, Firearms and Explosives, regarding Randy Bast interview of February 21, 2003; letter to Ivan Holder (Luna Tech) from Randy Bast, January 16, 2003; grand jury testimony of Randy Bast, July 16, 2003; grand jury testimony of Robert Hutchins, June 18, 2003.

  51–52 Rhode Island law, like that of most states Rhode Island General Laws, Title 23, chap. 28.11.

  52 Plans for Great White’s show had not always been so flashy Grand jury testimony of Randy Bast; letter to Dan Biechele from Randy Bast, January 13, 2003; High-Tech Special Effects Invoice no. 412 to Jack Russell Touring, January 16, 2003.

  52 About a year earlier, Paul Vanner Grand jury testimony of Paul Vanner, May 7, 2003.

  9. FILM AT ELEVEN

  53 In the early morning hours of February 17 Jodi Wilgoren, “21 Die in Stampede of 1,500 at Chicago Nightclub,” New York Times, February 18, 2003; Jodi Wilgoren, “Tapes Show Desperation and Panic at Chicago Club’s Exits,” New York Times, March 1, 2003.

  53 It was this tragic event Bryan Rourke, “Fire Marshal Thought Disaster Would Be ‘Remote,’” Providence Journal, February 22, 2003.

  53–54 So, around 10:40 on the night Grand jury testimony of Brian Butler, June 9, 2003.

  54 At times, King’s six-foot-two, three-hundred-pound body Memorial Biography of Tracy King, Providence Journal, March 20, 2003.

  54 As Butler’s camera pans stage left Witness statements of Dan Biechele, February 28, 2003, and March 3, 2003; Brian Butler videotape of Station walk-through, February 20, 2003.

  54–56 As Butler’s camera traverses the dance floor Brian Butler videotape.

  56 DeMaio, the single mother of a seven-year-old son Memorial Biography of Dina DeMaio, Providence Journal, March 20, 2003.

  56 As Butler’s camera pans left Brian Butler videotape.

  56 Hired as a “private detail” by the Derderians Witness statement of Anthony Bettencourt, February 26, 2003.

  57 Knott was on routine patrol Witness statement of Mark Knott, February 28, 2003.

  57 On the wall behind Andrea Mancini hangs Brian Butler videotape.

  57 At 11:04, Station light man Scooter Stone Witness statement of David Stone, February 22, 2003; grand jury testimony of David Stone, April 4, 2003.

  57–58 At 11:05, guitar feedback signals Brian Butler videotape.

  58 In a few seconds Kinan will take off Angie Cannon, “Looking for Answers in the Ashes,” U.S. News and World Report, February 12, 2004.

  58–59 At the thirty-six-second mark Brian Butler videotape.

  59 A few yards behind him in the pack, Erin Pucino Pietra (née Erin) Pucino, in discussion with the author, July 7, 2011.

  10. THIS WAY OUT

  60 West Warwick patrolman Mark Knott Witness statement of Mark Knott, February 28, 2003; Tom Mooney, “Saving Lives at the Open Gates of Hell,” Providence Journal, April 13, 2003; witness statement of Anthony Bettencourt, February 26, 2003.

  60–62 Al and Charlene Prudhomme Witness statement of Albert Prudhomme, March 2, 2003; witness statement of Charlene Prudhomme, March 2, 2003.

  62 Jack Russell’s motel housekeeper guests Witness statement of Jacqueline Bernard, February 27, 2003; Elizabeth Mehren and Stephen Braun, “Nightclub Fire Toll Nears 100,” Los Angeles Times, February 22, 2003.

  62 Tom Conte and his girlfriend Witness statement of Thomas Conte, March 11, 2003; witness statement of Kimberly Phillips, March 1, 2003.

  62–63 Redheaded Gina Gauvin Witness statement of Gina Gauvin, October 17, 2003; Ally Donnelly, “One Woman’s Survival Story of the Station Nightclub Fire,” New England Cable News (NECN), March 13, 2009; Gina Gauvin, in discussion with the author, October 21, 2011.

  63 John Fairbairn and his wife Witness statement of John Fairbairn, February 22, 2003; witness statement of Andrea Fairbairn, February 26, 2003.

  63–64 Raul “Mike” Vargas, thirty-one, had come Witness statements of Raul Vargas, February 22, April 24, and April 25, 2003; Cathleen F. Crowley, “A Survivor’s Story: Saved by a Pileup,” Providence Journal, March 10, 2003.

  64 Tribute band Human Clay was represented Witness statement of Michael Kaszmarczyk, February 26, 2003; witness statement of Cara DelSesto, May 8, 2003.

  64 Earlier on, after the pyro ignited Grand jury testimony of David Stone, April 4, 2003; deposition of Joseph LaFontaine, New England Custom Alarms, in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI, April 4, 2005.

  11. CAUSE FOR ALARM

  65 New or old, most utilize Houston Fire Department, Continuing Education, June 1999.

  65 Fire sprinklers were not originally calculated “History of Fire Sprinkler Systems,” APi Fire Protection Group Inc., 2003.

  65 One prime example was a fire at the Fine Line Music Café David Chanen, “Warm-up Act Sets Fine Line Afire; No One Hurt,” Minneapolis Star-Tribune, February 18, 2003; Chris Riemenschneider, “Nightclubs Put Safety in Spotlight,” Minneapolis Star-Tribune, February 19, 2003; “The Need for Sprinklers in Nightclubs,” Northern Illinois Fire Safety Advisory Board, 2007.

  65–66 Over the course of their development John Jay College of Criminal Justice, City University of New York, Department of Protection Management, Division of Fire Science Course Materials, Introduction to Fire Science, Section 6, Unit 3, Automatic Sprinkler Systems (Flannery Associates, 2002).

  66 In 1806, Englishman John Carey “History of Fire Sprinkler Systems.”

  66 Henry S. Parmelee was the president of “Fire Sprinkler,” Wikipedia, http://en.wikipedia.org/wiki/Fire_sprinkler.

  66–67 It’s no small irony for the victims “History of Fire Sprinkler Systems”; “Fire Sprinkler.”

  67 Why, then, wasn’t this Rhode Island–born boon Mark Arsenault, “The Codes,” Providence Journal, December 15, 2003.

  67 A sprinkler system for the club Grand jury testimony of Detective Roland Coutu, November 5, 2003.

  67 and far less than the $65,000 they spent on The Station’s sound system Grand jury testimony of Paul Vanner, May 21, 2003, p. 27, lines 20–26.

  67–68 The National Institute of Standards and Technology “Draft Report of the Technical Investigation of the Station Nightclub Fire,” National Institute of Standards and Technology, Technology Administration, U.S. Department of Commerce, March 2005.

  68 While fire suppression may keep conditions tenable Guylene Proulx, in discussion with the author, August 29, 2008.

  68–69 What fire detection existed at The Station Deposition of Joseph LaFontaine, New England Custom Alarms, in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI, April 4, 2005.

  69 When Dan Biechele set off the pyrotechnics Witness statement of Robert W. Rager, March 13, 2003.

  69 Great White stopped playing thirty-six seconds post-ignition Brian Butler videotape.

  69 Whether a nightclub’s staff responds Grand jury testimony of Scott Vieira, March 26, 2003, p. 25.

  69 Management of the Fine Line Café Riemenschneider, “Nightclubs Put Safety in Spotlight.”

  69–70 Whereas the Fine Line Café’s management Witness statement of Francis Canillas, March 11, 2003; witness statement of Shamus D. Horan, February 25, 2003; witness statement of Daniel Davidson, February 22, 2003.

  70 As reconstructed by the Providence Journal Providence Journal list of Station occupants from known dead, survivors interviewed by Journal, identified by other survivors, identified by attorneys, confirmed by relatives, confi
rmed by hospitals, persons who gave statements to police, photographers in club with confirmed photos, and survivors identified in another’s statement to police; published at www.projo.com/extra/2003/stationfire/list/.

  12. I’M WITH THE BAND

  71 Mike Iannone had come to The Station Witness statement of Michael Iannone, October 27, 2003.

  71–72 The Derderians solved both problems Witness statement of Scott J. Vieira, March 1, 2003; grand jury testimony of Scott Vieira, March 26, 2003.

  72 When Mike Iannone saw the pyrotechnics erupt Witness statement of Michael Iannone.

  72–73 Fred Crisostomi, a painter Witness statement of Gina M. Russo, November 21, 2003; Angie Cannon, “Looking for Answers in the Ashes,” U.S. News & World Report, February 12, 2004.

  73–74 The Station’s approach to providing concert security Grand jury testimony of Scott Vieira, March 26, 2003.

  74 But someone did direct Rob Feeney Witness statements of Robert P. Feeney, March 11 and April 7, 2006; Jennette Barnes, “Survivor Is Coping with Loss, Injury,” New Bedford (MA) Standard-Times, February 15, 2004.

  75–76 John Gibbs and Kevin Dunn had driven Witness statement of John Gibbs, March 1, 2003.

  76 Stephanie and Nicole Conant Witness statement of Stephanie Conant, February 23, 2003.

  76 Another individual with unfettered access Witness statements of John R. Arpin, February 21 and 28, 2003; grand jury testimony of John R. Arpin, April 24, 2003.

  76–77 One family that might disagree Witness statements of Donna Cormier, March 1 and April 28, 2003; grand jury testimony of Donna Cormier, July 21, 2003.

  77–78 Photographer Dan Davidson had stopped Witness statement of Daniel Davidson, February 22, 2003.

  78 Davidson took four photos Photographs by Dan Davidson, February 20, 2003.

  78–79 Behind him, David Filice bends Grand jury testimony of David Filice, March 4, 2003, p. 40.