Killer Show

by John Barylick

121 Officer Michael Sullivan of the Warwick police arrived Witness statement of Michael Sullivan, February 25, 2003.

  121 Great White’s tour bus was parked lengthwise Witness statement of Captain Gregory Johnson; witness statement of John Kubus, March 4, 2003.

  121–22 Back in a parking lot across the street from the burning Station 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 (Rhode Island State Police controlled call); witness statement of David Stone, February 26, 2003.

  122 Later that evening, when the flames Witness statement of Roger St. Jean; witness statement of Aaron Perkins.

  122 That night, two drunks slumped Peter Ginaitt and Leo Kennedy, “Station Fire Emergency Response,” presentation at Hasbro Children’s Hospital, Providence, February 27, 2008.

  122–23 As he stepped from his fire truck, Captain Kevin Sullivan Titan Report, A-11.

  123 He would later learn that West Warwick Witness statement of Sergeant Thomas Hannon, February 25, 2003.

  123 This group was soon joined by Ibid.

  123–24 Warwick rescue captain Peter Ginaitt G. Wayne Miller, “Amid Screams, Rescue Workers Go About Grim Task,” Providence Journal, February 23, 2003; Ginaitt and Kennedy, “Station Fire Emergency Response”; Meaghan Wims, “At the Station,” QuadAngles (University of Rhode Island), vol. 20, no. 4 (Summer 2008); Titan Report, B-4–21.

  124 Thirty-four rescue units and twenty-three private ambulances Titan Report, B-4, 5.

  124 West Warwick dispatchers turned to the Yellow Pages Ibid., B-7, 21.

  124 Ginaitt and Kennedy not only triaged victims Ginaitt and Kennedy, “Station Fire Emergency Response.”

  124 The system worked remarkably well Titan Report, B-15.

  125 The Cowesett Inn served not only as a medical triage center Ibid., D-5.

  125 One somewhat disquieting feature Ginaitt and Kennedy, “Station Fire Emergency Response.”

  125 As far as the firefighting was concerned Titan Report, A-16.

  125 At 11:30 p.m., the West Warwick Police Ibid., E-73; Jay Kingston, in discussion with the author, July 29, 2011.

  125 His next call was to Rhode Island’s chief state medical examiner Jay S. Kingston, “Scene Investigator’s Report of Incident Scene Findings,” State of Rhode Island Office of the Medical Examiner, February 23, 2003; Jay Kingston, discussion with author.

  125 Unlike television coroners Richard A. Gould, in discussion with the author, May 19, 2009; Jay Kingston, discussion with author.

  125–26 So, despite no fewer than five telephone calls Kingston, “Scene Investigator’s Report”; Titan Report, D-7, E-78; Jay Kingston, discussion with author.

  126–27 Instead, only one investigator from the ME’s office Kingston, “Scene Investigator’s Report”; Jay Kingston, discussion with author.

  127 Removal of thirty-one victims from the front hallway “Location of 96 Bodies” diagram, NIST Report, fig. 5–54.

  127 Consistent with preferred protocol for mass casualties Titan Report, E-62–63.

  127 Seventeen hours earlier, as flames shot into the night sky Witness statement of Cara DelSesto, May 5, 2003.

  19. SOLID GASOLINE

  128 In 1970, three nightclub owners in Saint-Laurent-du-Pont “1970: Nightclub Inferno ‘Wipes Out Generation,’” BBC News, On This Day, November 1, 1970; http://news.bbc.co.uk; “An Unusual Silence,” Time, November 16, 1970; http://www.time.com; affidavit of David P. Demers, P.E., Document no. 1698–5, filed October 29, 2007, in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI, §16 (citing “White Grotto Becomes Black Tomb,” Fire Journal, National Fire Protection Association, May 1971).

  128 It made the pair’s previous paean to pot-inspired kids’ fantasy Sid and Marty Krofft denied that H. R. Pufnstuf was short for “Hand-Rolled Puffing stuff.” However, the show’s theme song, currently accessible on YouTube, leaves the question open. (“H. R. Pufnstuf, he can’t do a little ’cause he can’t do enough …”) Consistent with the oeuvre, the brothers’ other children’s show was called Lidsville.

  128–29 Polyurethane was the brainchild of Otto Bayer Mary Bellis, “Polyurethane,” in “1937–1949—Invention, Research and Development,” Bayer Industries Polyurethanes Business Group; G. Wayne Miller and Peter B. Lord, “It’s Just About Everywhere,” Providence Journal, September 28, 2003.

  129 In order to understand how knowledge of foam plastic’s A. J. Steiner, “Fire Hazard Tests of Building Materials,” Quarterly of the National Fire Protection Association 37, no. 1 (July 1943); Francis L. Brannigan, Building Construction for the Fire Service, 3rd ed. (Jones & Bartlett Publishers, 1992), 410–11; Robert Brady Williamson and Frederick W. Mowrer, “The Role of Interior Finish in Fire Development,” Fire Protection Engineering, September 22, 2004; Robert Brady Williamson, “The Role of Foam Plastics in Fire Development and a Brief History of How Foam Plastics Have Been Treated in the U.S.,” University of California, Berkeley; “Standard Test Method for Rate of Burning and/or Extent and Time of Burning of Cellular Plastics Using a Specimen Supported by a Horizontal Screen” (ASTM D-1692), American Society for Testing and Materials.

  130–131 Up until 1974, manufacturers of PU foam In the Matter of the Society of the Plastics Industry Inc. et al., Federal Trade Commission, Docket No. C-2596, 84 FTC 1253, 1974 FTC LEXIS 35, November 4, 1974 (Complaint, Decision and Order) (hereafter, FTC Consent Order).

  131 The FTC’s investigation found that the Steiner tunnel test Ibid.

  131 This is not to say that people seriously interested Grand jury testimony of Joseph B. Zicherman, November 12, 2003.

  131–32 As a result of the FTC’s investigation FTC Consent Order.

  132 Right after the consent agreement was entered FTC Proposed Trade Regulation Rule entitled “Disclosure Requirements and Prohibitions Concerning the Flammability of Plastics,” 16 CFR Part 439, 39 Fed. Reg. 28292, August 6, 1974.

  132 However, the FTC soon abandoned that proposal Eric Rubin, in discussion with the author, August 5, 2009. (Rubin was deputy assistant director of marketing practices, consumer protection, for the FTC during the plastics industry investigation leading up to the 1974 consent agreement.) The plastics industry maintains a cordial relationship with its federal regulators. As reported by the Providence Journal (G. Wayne Miller and Peter B. Lord, “Fatal Foam—the Providence Journal Burn Test,” Providence Journal, October 1, 2003), in the spring of 2003, shortly after the Station nightclub fire, Consumer Products Safety Commission chairman Hal Stratton was the keynote speaker at the Polyurethane Foam Association’s general business meeting. There, foam manufacturers, raw materials suppliers, and finished-goods makers listened as industry speakers blamed the Station tragedy on pyrotechnics and lack of sprinklers. None faulted the foam on the walls.

  132 Less than a year after gluing the bargain PU foam WHDH Channel 7 “Burning Beds” video, AG’s First Disclosure, 03–582-PR.

  132 The question of whether fire-retardant PU foam NIST Report, pt. 1, at sec. 4.5.2–4, pp. 4–17 to 4–25.

  133 In the building’s basement, under tons of rubble Witness statement of Roland Coutu, “David Stone Identification of Foam,” March 28, 2003.

  20. THE MISSING

  134 Be absolutely certain Attorney General’s Fourth Disclosure, EMA Information–Family Resource Material.

  134 At daybreak, 211 Cowesett Avenue Jennifer Levitz and Zachary R. Mider, “A Special Report—the Station Nightclub Disaster—Blaze, Smoke Engulf Victims within Seconds,” Providence Journal, February 22, 2003.

  135–36 In any disaster Titan Report, pp. C-1, 2, 12.

  135 Donna Miele, Michael Hoogasian’s sister Tom Mooney, Linda Borg, and Amanda Milkovits, “With Photos in Hand, Families Hold Out Hope,” Providence Journal, February 22, 2003.

  135 For most, it was
the Crowne Plaza Hotel Cathleen F. Crowley, “Shattered Relatives Wait for News,” Providence Journal, February 22, 2003.

  135–36 At 5 o’clock on the morning after the fire Titan Report, pp. C-14, D-9, F-10–11.

  136 Early on, Rhode Island’s governor Thomas Farragher, “Tragedy in Rhode Island—the Aftermath,” Boston Globe, February 23, 2003.

  136 In order to keep reporters Titan Report, p. F-11.

  136–37 Jason Kinan and his family Crowley, “Shattered Relatives.”

  137 Volunteers and professionals Titan Report, p. F-14; Mark Arsenault, “The Station Nightclub Disaster—More Victims Identified as Distraught Families Learn of Their Loss,” Providence Journal, February 24, 2000.

  137 At various times Crowley, “Shattered Relatives.”

  137 One newspaper reporter Meaghan Wims, “Rhode Islanders Steel Themselves for the List of Dead,” Providence Journal, February 24, 2000.

  137 National news organizations Whitney Casey, in discussion with the author, June 17, 2008.

  138 Even though The Station Arsenault, “Station Nightclub Disaster”; Titan Report, p. F-13.

  138–39 Many relatives simply could not Mooney, Borg, and Milkovits, “With Photos in Hand.”

  139 Hospitals faced difficult decisions G. Wayne Miller, “Most Severe Victims Treated at Mass. General,” Providence Journal, February 22, 2003.

  139 Hospitals did their utmost Michael Corkery, “An Agonizing Hospital Vigil for Family of One Woman,” Providence Journal, February 24, 2003.

  139 Given the confusion Titan Report, p. F-14.

  139–40 Identification of the dead Titan Report, pp. E-82–85.

  140 In one unanticipated way Grand jury testimony of Elizabeth Laposata, July 14, 2003, pp. 57–91.

  140 As significant as what was on Ibid., pp. 92, lines 9–13.

  140 One young victim’s Ibid., p. 84, lines 12–13.

  21. ARTIFACTS OF TRAGEDY

  141 Clad in Tyvek suits, surgical masks Richard A. Gould, Disaster Archaeology (Salt Lake City: University of Utah Press, 2007), fig. 3.1, p. 55.

  141 And, following strict protocol Ibid., p. 19; Richard A. Gould, “Report to Irving Owens, Rhode Island State Fire Marshal,” March 28, 2003 (hereafter, Gould Report), p. 3.

  141 Newspaper and web accounts Gould Report, p. 3.

  141 Forensic archaeology is a relatively young discipline Gould, Disaster Archaeology, chap. 1 (“What Is Disaster Archaeology?”), 7–35.

  142 If Sean Connery had been unavailable to play Richard A. Gould, in discussion with the author, May 19, 2009 (hereafter, Gould Interview).

  142 Three weeks after the fall of the twin towers Gould, Disaster Archaeology, 21–35.

  142–43 With official permission, Gould returned to Manhattan Ibid., 36–49.

  143 Indeed, when the victim identification process Ibid., 46.

  143 Less than a year after FAR’s trial excavation Ibid., 52–53; Gould Report, p. 1.

  143 Owens took the Station tragedy very personally Gould Interview; Gould, Disaster Archaeology, 65.

  143 Two particular challenges to this “dig” Gould, Disaster Archaeology, 58; Gould Report, p. 2.

  143–44 The FAR team arrived on the morning of February 27 Gould, Disaster Archaeology, 54; Gould Report, pp. 1, 3.

  144 Rather than separate the area into permanent grids Gould, Disaster Archaeology, 54; Gould Report, p. 4.

  144 The team had originally intended to wet-sieve Gould, Disaster Archaeology, 58; Gould Report, p. 3.

  144 All artifacts, biological and otherwise, were bagged Gould Report, p. 3.

  144 On any given day, an average of nine to thirteen volunteers Ibid.

  144 Viewers, including bandaged survivors and grieving families Gould, Disaster Archaeology, 54.

  144 Because of this constant observation, FAR’s protocol Gould, Disaster Archaeology, 19, 56; Gould Report, p. 3.

  144 Professor Gould’s concern that firefighting, rescue Gould Report, p. 6.

  145 When an object is believed to lie Ibid., pp. 5–6.

  145 Not surprisingly, the areas of the club Gould, Disaster Archaeology, 65; Gould Report, pp. 5–7.

  145 where fire temperatures had exceeded 1,800 degrees NIST Report, 5–47.

  145 FAR’s resident forensic anthropologist, Gabriel Flores Gould Report, p. 5.

  145 Among confusing finds were Handwritten field notes of FAR team, March 1, 2003.

  145 The area between the stage and the ticket counter Gould Report, p. 9.

  145–46 One personal item, a cell phone, was particularly troubling Linda Borg, “Brown Archaeologist Finds Deeper Meaning in Makeshift Memorials,” Providence Journal, February 20, 2004.

  146 One family made a special request of the medical examiner’s office Gould, Disaster Archaeology, 65; Gould Report, p. 7.

  146 Some areas proved harder to search than others Gould Report, p. 6.

  146 The storeroom where ten bodies were found Ibid., p. 7; NIST Report, fig. 6–14.

  146 two fire extinguishers found by the FAR team Gould Report, p. 7.

  146 The team was asked by the fire marshal to look for any nine-volt batteries Ibid.

  146 340 buckets of fill Ibid., p. 9.

  146 eighty-eight discrete personal effects of victims and fifty-four biological specimens Gould, Disaster Archaeology, 85; Gould Report, p. 9.

  146 They used the full panoply of archaeological tools Gould Report, p. 4.

  146 FAR kept an EMT-certified safety officer Ibid., p. 2.

  146 Team members were not permitted to excavate or sieve alone Ibid.

  146 Fortunately, there was a propane-heated tent Ibid.

  146–47 By the eighth day of work, however Ibid., p. 7.

  147 Brown student Zach Woodford stood shivering Ibid.; Gould, Disaster Archaeology, 65.

  22. CIRCLING THE WAGONS

  148 We had permission to use Witness statement of Cara DelSesto, May 5, 2003.

  148 At no time did I Witness statement of Jeffrey Derderian (written statement), February 20, 2003, line 8.

  148 Our inspector missed nothing Douglas Belkin, “Inspector’s Actions Are Scrutinized,” Boston Globe, February 27, 2003.

  148 Our officials were doing Letter from Wolfgang Bauer to Governor Donald Carcieri et al., March 19, 2003, quoted by Tom Mooney in “The Station Nightclub Disaster—Town’s Bid for Aid with Fire Lawsuits Gets Little Support,” Providence Journal, August 1, 2003.

  148 For this reason, court rules Federal Rule of Evidence 803(2).

  149 Dan Biechele and Jack Russell said Witness statement of Dan Biechele, February 20, 2003; witness statement of Cara DelSesto.

  149 the Derderians, emphatically, “No.” Witness statement of Jeffrey Derderian, February 20, 2003.

  149 One of the facts supporting Tour Advance Sheet for Great White appearance at The Station, February 20, 2003; Mark Arsenault, Paul Edward Parker, and Tom Mooney, “Extra: The Station Fire—Filling in Some Blanks,” Providence Journal, November 9, 2007.

  149 Additionally, in earlier venues Witness statement of Daniel Biechele, p. 13; Witness statement of Terry Barr, February 21, 2003, pp. 1–2.

  149 Even more telling were arrangements Witness statement of John Lynch, February 28, 2003, pp. 6–7, 15; confirmed by witness of statement of Jeffrey Franklin, March 5, 2003.

  149 Five hours after the fire … White asked Derderian Narrative for Detective George E. Winman, West Warwick Police Department, February 21, 2003, pp. 2–3.

  149 Unknown to Derderian Transcript of interview of Daniel Biechele, March 3, 2003 (witness statement, p. 85; transcript p. 70). Biechele first showed Russell how pyrotechnic gerbs worked after a concert in San Diego in either December 2002 or January 2003.

  149–50 No matter that W.A.S.P. Biechele interview, March 3, 2003 (as to W.A.S.P.); witness statement of John Mellini, February 23, 2003 (as to Holy Diver); grand jury testimony of Rev Tyler, April 16, 2003 (as to Lovin’ Kry); witness statement of Clifford Koehler, February 25, 2003 (as t
o Lovin’ Kry, Hotter Than Hell, W.A.S.P. and Human Clay); witness statement of Frank Davidson, February 22, 2003 (as to Human Clay); witness statements of Robert Conti and Nathan Conti, February 27, 2003 (as to Dirty Deeds); grand jury testimony of Edward Ducharme, April 29, 2003 (as to 10/31).

  150 Two days later Witness statement of Kevin Beese, February 22, 2003, p. 43, Q. 321.

  150 On the other hand Ibid., p. 42, Q. 319.

  150 And, as for pyrotechnics Ibid., p. 61, Qs. 433, 434.

  150 Whatever Beese had learned Witness statement of Frank Davidson, February 22, 2003; grand jury testimony of Frank Davidson, April 22, 2003.

  150 So, Davidson told his whole history Ibid.

  150–51 In his second statement Witness statement of Kevin Beese, February 25, 2003, pp. 109, 110, 139.

  151 Asked if he ever tried Ibid., pp. 139–40, Qs. 232–35.

  151 In his statements to investigators Witness statement of Frank Davidson, February 22, 2003; grand jury testimony of Frank Davidson, April, 22, 2003.

  151 In a statement given four days Witness statement of Paul Vanner, February 22, 2003, p. 14–15, Qs. 29–30, p. 15, Qs. 35–38; controlled call from Frank Davidson to Paul Vanner, February 28, 2003, pp. 58–59 (as to saying he didn’t know Frank Davidson).

  151 One woman gave police ATF interview of Mary Ellen Grelle, February 26, 2003.

  151 On the day after the fire Zachary R. Mider, “The Station Nightclub Disaster—Inspections: Rare, Informal—Records Differ on Capacity of The Station,” Providence Journal, March 15, 2003.

  151 He “strongly denied” Laurel J. Wett and Doug Hanchett, “Nightclub Blaze Kills at Least 96,” Boston Herald, February 22, 2003.

  151 Confirmatory interviews and body counts Paul Edward Parker, “462 Were in The Station on Night of Fire,” Providence Journal, December 3, 2007.

  152 In a taped police interview Witness statement of Denis Larocque, February 25, 2003, p. 8, Q. 42.

  152 Perhaps Larocque forgot Memorandum from West Warwick Police Department chief Peter Brousseau to West Warwick Fire Department acting chief Gerald Tellier, November 15, 1999 (“Subject: Filling Station”).