152 It probably also Letter from West Warwick Fire Department battalion chief Denis Larocque to Triton Realty Limited Partnership, December 13, 1999.
152 Perhaps Larocque had also forgotten Letter from West Warwick Fire Department chief Richard J. Rita to West Warwick Town Council, February 18, 2000; witness statement of Denis Larocque, February 25, 2003, p. 28.
152 Given the post-fire confusion Memorandum from Timothy A. Williamson “To Whom It May Concern,” March 14, 2003, regarding Public Records Request—The Station.
152 A true “change in use or type of occupancy” Rhode Island General Laws, Title 23, chap. 28.1, sec. 6.
153 Pool tables take up the same amount Ibid., pp. 52–53.
153 Larocque used just five square feet Ibid., pp. 23–24.
153 Hiring a firefighter does not Ibid., p. 28.
153 The town manager pronounced that Tom Mooney and Zachary R. Mider, “The Fire Marshal,” Providence Journal, December 18, 2003.
153 The response of Fire Chief Hall Douglas Belkin, “Inspector’s Actions Are Scrutinized,” Boston Globe, February 27, 2003.
153–54 Town Manager Wolfgang Bauer took Tom Mooney and Zachary R. Mider, “Fire Inspection Records Show Violations, Not Foam, at Club,” Providence Journal, March 4, 2003. Emphasis mine.
154 Bauer asserted, “At the outset, 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.
154 Wolfgang Bauer was in no hurry Tracy Breton and Zachary Mider, “Town Hall Seen Releasing Nightclub Records Next Week,” Providence Journal, March 1, 2003.
154 In his call, Vanner volunteered Controlled call from Frank Davidson to Paul Vanner, February 28, 2003; witness statement of Frank Davidson, p. 41–42, transcript pp. 28–29.
155 Contrary to the statements he gave police Controlled call from Frank Davidson to Kevin Beese, March 1, 2003; witness statement of Frank Davidson, p. 147, lines 17–21.
155 As far as Beese was concerned Ibid., p. 152, lines 2–3.
155 Unaware that the call was being recorded Ibid., p. 152, lines 7–22.
155 told them to be careful not to “burn my building down” Controlled call from Frank Davidson to Paul Vanner, February 28, 2003; witness statement of Frank Davidson, p. 62.
156–57 The all-too-simple answer Ibid., witness statement of Frank Davidson, pp. 54–55, 58–59; controlled call from Frank Davidson to Kevin Beese; witness statement of Frank Davidson, pp. 67–68.
157 Jack Russell told Larry King CNN, Larry King Live, “Rhode Island Club Fire Tragedy Revisited with Members of Rock Band Great White,” aired February 9, 2005.
157 Ed McPherson, Russell’s lawyer Ibid.
157 Barry Warner, the neighbor Mooney and Mider, “Fire Inspection Records Show Violations.”
157 According to Warner Witness statement of Barry Warner, November 3, 2005 (“A.G.’s 4th Disclosure”), p. 35, transcript p. 9, lines 12–20.
157 Warner’s sworn grand jury testimony Grand jury testimony of Barry Warner, June 4, 2003, p. 20, lines 5–16.
157–58 The Providence Journal reported Scott MacKay and Alex Kuffner, “Nation’s Media Converge on Town,” Providence Journal, February 22, 2003.
158 Actually, on the video Brian Butler videotape, 8:10–14:50.
158 Triton Realty Company’s lawyer Jennifer Levitz, “The Entrepreneurs,” Providence Journal, December 17, 2003.
158 Moreover, under their Triton Realty lease Letters and memos from Mary Jo Carolan to Michael Derderian dated February 20, 2002, March 18, 2002, March 26, 2002, March 28, 2002, and April 18, 2002; March 2002 sales report for The Station (indexed by AG under Carolan witness statement [4], p. 24).
158 The Derderian brothers filed for personal bankruptcy Voluntary Petition for Individual Bankruptcy, filed by Michael Derderian on September 23, 2005, Case 1:05-bk-13641 in United States Bankruptcy Court, District of Rhode Island; Voluntary Petition for Individual Bankruptcy, filed by Jeffrey Derderian on September 23, 2005, Case 1:05–bk-13640, in United States Bankruptcy Court, District of Rhode Island.
158 Triton Realty transferred Conveyances of June 13, 2003, from Triton Realty Limited Partnership to Framingham-150 FR Realty Limited Partnership and to Seekonk-226 Limited Partnership; March 13, 2003, conveyance of 16 Dennell Drive, Lincoln, Rhode Island, to Frances A. Villanova.
158 Corporate behemoth Shell Oil Company Witness statement of Thomas J. Stimson, sales representative for Motiva / Shell Oil, April 9, 2003, Rhode Island State Police Case 03–414-OF WWPD; handwritten chronology of Danny Saad (prior owner of gas station).
23. CRIME AND PUNISHMENT
159 The first was characterized Jonathan Saltzman and Raja Mishra, “Station Nightclub Deal Stuns R.I.,” Boston Globe, September 21, 2006.
159 The minority position ProJo (Providence Journal) newsblog comment of Maximo Deacaba, May 9, 2006, 11:52 a.m.
160 Historically, legal scholars Kate E. Bloch and Kevin C. McMunigal, Criminal Law: A Contemporary Approach (New York: Aspen Publishers, 2005), chap. 2, sec. C, pp. 31–32.
160 States’ criminal codes variously Ibid., chap. 6, sec. C.
160 Some states have a second See, e.g., State v. Lillibridge, 454 A.2d 237 (RI, 1982); State v. Robbio, 526 A.2d 509 (RI, 1987).
161 Rhode Island’s criminal code contains both Title 11, chap. 23, sec. 3 (and cases cited in annotations thereto).
161 A Rhode Island grand jury Associated Press, “About Grand Juries in Rhode Island,” Providence Journal, February 26, 2003.
161 Six days after the fire Mark Arsenault, Tracy Breton, and W. Zachary Malinowski, “Musicians Expected to Be Called Before Grand Jury Today,” Providence Journal, February 28, 2003.
162 Perhaps the most telling transcripts Grand jury testimony of Denis Larocque, June 25, 2003.
162 His assertion that he simply didn’t notice Ibid., pp. 46–47.
162 Larocque’s capacity calculations Ibid., pp. 20–25.
162 When jurors themselves sought to Ibid., pp. 105–7.
162 Not surprisingly, when, after ten months Instructions to Grand Jury, indexed by Attorney General’s Department under Testimony of Roland Coutu, vol. 10, November 19, 2003, pp. 18–21 (Grand juror: “My question is, is the town exempt from any liability on the part of a deficient inspection?” p. 18 [51 on page itself], lines 10–12; “I would just like to know more about the standards of practice of what a fire inspection entails.” p. 19 [52 on page itself], lines 22–24; “I would think the question is, can he be charged criminally? Not liable. I mean, we know there going to be liability. Can he be charged criminally?” p. 21 [54 on page itself], lines 5–7. Emphasis mine.
162 On December 4, 2003, the grand jury Grand jury testimony, “Deliberations & Indictments,” December 4, 2003, pp. 19–28; Superior Court for the County of Kent, Indictments K1–2003–0653A (Biechele), K1–2003–0654A (J. Derderian), K1–2003–0655A (M. Derderian).
162 Days after the fire, it was determined Neil Downing, “Nightclub Had No Workers’ Comp, Records Show,” Providence Journal, February 28, 2003.
162–63 The brothers were apparently aware Lynn Arditi and W. Zachary Malinowski, “Derderians Ran One Business with Insurance, One Without,” Providence Journal, May 1, 2003.
163 Their contract with Eddie Money Contract for Eddie Money’s appearance at The Station on February 5, 2002, 21 (II).
163 When Boston’s Cocoanut Grove nightclub Commonwealth v. Welansky, 316 Mass. 383, 55 N.E.2d 902 (1944).
163–64 Accordingly, in May 2006, Biechele agreed Sentencing Memorandum of Judge Francis J. Darigan, May 10, 2006, K1/2003–0653A.
164 Before hearing victims’ impact statements “The Judge Explains the Rules,” ProJo Stationblog, Associated Press, May 9, 2006.
164 Evelyn King, widow of club bouncer “I Knew I Would Never See Him Alive,” ProJo Stationblog, May 8, 2006.
> 164–65 A burn-scarred Gina Russo “I Ask That the Court System Provide the Proper Justice,” Ibid.
165 The father of Jimmy Gahan “I’m Here to Relate What Jimmy Might Say,” Ibid.
165 Michael Hoogasian’s sister asked Ibid.
165 Bridget Sanetti’s mother described “Envious of the Dying,” ProJo Stationblog, May 9, 2003.
165 Despite the judge’s admonition “The Judge Explains the Rules,” ProJo Stationblog, May 9, 2003.
165 First, Assistant Attorney General Randall White “Prosecutor Wants Full 10 Years for Biechele,” ProJo Stationblog, May 10, 2006.
165 Next, Dan Biechele’s attorney “Biechele’s Lawyer: My Client Is the Only One to Apologize,” ProJo Stationblog, May 10, 2006.
165 Next came Biechele’s turn to speak “Full Text of Biechele Apology,” ProJo (Associated Press), May 10, 2006.
165–66 Then, it was time for Judge Sentencing Memorandum of Judge Francis J. Darigan Jr., May 10, 2006.
166 You get your son back after four years Paul Edward Parker, “Biechele Gets 4 Years in Jail,” Providence Journal, May 11, 2006.
166 Dan Biechele would be eligible Ibid.
167 Statements had been taken Attorney General’s produced witness statements.
167 it was anticipated that over 250 witnesses Letter from Attorney General Patrick Lynch to families of Station fire victims, September 20, 2006, p. 2, 4.
167 Particularly damning was the anticipated testimony Witness statement of Lewis Cook, March 31, 2006.
167–68 In September 2006, Judge Darigan Letter of Judge Francis J. Darigan Jr. to Families of Station Fire Victims, September 20, 2006.
168 Unfortunately, someone in Attorney General Remarks of Hon. Judge Francis J. Darigan Jr. to the Press, September 21, 2006.
168 On that overcast morning Paul Edward Parker, “Station Fire: A Long Line of TV Trucks,” ProJo Stationblog, September 29, 2006.
168–69 Judge Darigan stated in opening remarks Jack Perry, “Station Fire: Darigan Won’t Change Sentences,” ProJo Stationblog, September 29, 2006.
169 The father of Derek Johnson Mike McDermott, “Station Fire: I Stand Here a Broken Man,” ProJo Stationblog, September 29, 2006.
169 The brother-in law Mike McDermott, “Station Fire: Victimized … Over and Over Again,” ProJo Stationblog, September 29, 2006; Andrea Panciera, “Station Fire: Frustration, Tears in Overflow Courtroom,” ProJo Stationblog, September 29, 2006.
169 The mother of John Longiaru Mike McDermott, “Station Fire: ‘Trial Would Have Been Too Hard on Judge, AG,’” ProJo Stationblog, September 29, 2006.
169 Dina DeMaio’s mother Mike McDermott, “Station Fire: Frustration Hard to Contain,” ProJo Stationblog, with photo by Bob Breidenbach, September 29, 2006.
169 Gina Russo turned Mike McDermott, “Station Fire: ‘We Tried to Get Out,’” ProJo Stationblog, September 29, 2006.
169–70 Victims’ disappointment Sentencing statements of Jeffrey Derderian and Michael Derderian, September 29, 2006 (emphasis mine); notwithstanding Michael Derderian’s promise in his sentencing statement to “do everything we can so that every question can be answered,” both he and his brother, Jeffrey, declined the author’s request to be interviewed for this book.
170 Judge Darigan’s explanation Jack Perry, “Alert: Station Fire: Darigan Imposes Sentences,” ProJo Stationblog, September 29, 2006.
171 As for Larocque … he may have been the beneficiary Rhode Island General Laws, Title 23, chap. 28.2, sec. 17.
171 the single reported case interpreting it Vaill v. Franklin, 722 A.2d 793 (RI, 1999).
171 Responding to criticism over not indicting Larocque Mark Arsenault, “See How They Run,” Rhode Island Monthly, December 2009, p. 76.
172 Under this concept Ninth Circuit (Federal) Pattern Jury Instruction (Criminal Cases), chap. 3, § 3.18.
172 The contract documents Great White contract for appearance at The Station on February 20, 2003, 4(a). Emphasis mine.
172 Four months before the Katherine Gregg, “Update: Lynch Announces His Exit from Governor’s Race,” ProJo 7-to-7 News Blog, July 15, 2010.
172 That month, workmen removed Edward Fitzpatrick, “Quote from Spiderman to Cling Outside AG Office,” Providence Journal, March 31, 2004.
24. “FIRST, SURVIVAL; THEN, FUNCTION; THEN, COSMETICS”
173–74 By mid-morning on February 21, 2003 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.
174 “This is Pam,” said Anna Patinkin, “At the End, Her Lips Moved.”
175 Several fortunate coincidences favored Rhode Island Hospital David Harrington, MD, “Rhode Island Hospital Response to Station Fire,” presentation for First Responder CME, Hasbro Children’s Hospital, Providence, February 27, 2008.
175 Care of critically burned patients Richard F. Edlich and John C. Moghtader, “Thermal Burns” (chap. 53), in Emergency Medicine, Concepts and Clinical Practice, 4th ed., ed. Peter Rosen (St. Louis: C. V. Mosby Co., 1998).
175–76 As explained by Colleen Ryan, MD Colleen Ryan, in videotaped discussion with the author, January 20, 1995.
176 Eventually, all debrided areas must be grafted with the patient’s own skin This was state of the art at the time of the Station fire. Since then, however, surgeons have been able to use permanent cadaver skin grafts that have been specially treated to prevent their rejection by the burn victim’s body.
176–77 When Gina Gauvin’s doctors at UMass. Medical Center 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.
177–78 Joe Kinan, the amateur body-builder 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.
178–79 During the two and a half months that Pam Gruttadauria Polgreen, “Months Past Club Fire, a Struggle to Go On,” and Patinkin, “At the End, Her Lips Moved.”4.
179 That night, Pam Gruttadauria, age thirty-three Ninety-six persons lost their lives at the site of the Station fire. Another four died of their burns days or weeks later. Their names and ages appear alphabetically in an appendix to this book.
179 On May 24, 2006, Jack Russell appeared Transcript of Extra television broadcast, May 24, 2006.
179 Three thousand miles to the east, Joe Kinan Joe Kinan, discussion with author; Cannon, “Looking for Answers in the Ashes.”
25. RISKY BUSINESS
181 The United States Supreme Court, in Bates v. State Bar of Arizona 433 U.S. 350 (1977).
183 Just twelve days after the fire Roderiques et al. v. Town of West Warwick et al., CA No. PC-03–1084, Superior Court for the State of Rhode Island, Providence County.
183 a basic statutory requirement in Rhode Island that the town first be given Rhode Island General Laws, Title 45, chap. 15, sec. 5.
183 Another case, filed by a heavy advertiser just six days later Kingsley et al. v. Derderian et al., CA No. PC-03–1171, Superior Court for the State of Rhode Island, Providence County.
184 Appointed by the state Superior Court Pretrial (Case Management) Order No. 2 in Gray et al. v. Derderian et al., CA No. 04–3985, Superior Court for the State of Rhode Island, County of Providence, May 27, 2003, Gibney, J.
185 In at least two comical instances Plaintiffs’ Objection to Defendant, Home Depot, USA, Inc.’s Motion to Dismiss the Third Amended Master Complaint, filed on June 6, 2006, Pacer Doc. No. 895, in Gray v. Derderian, CA No. 04–312-L, USDC–RI (whereby “the Plaintiffs, Tammy Passa, et al., Ronald Kingsley, et al. and Andrew Paskowski, et al., hereby join and adopt the Opposition and Memorandum of the Gray Plaintiffs to Defendant, Home Depot USA,
Inc.’s Motion to Dismiss the Third Amended Master Complaint”). The objection and memorandum of the steering committee—“Gray Plaintiffs”—were filed two days later, on June 8, 2006, under Pacer Doc. No. 900; Plaintiffs’ Objection to Defendant, Certain Underwriters at Lloyd’s, London’s Motion to Dismiss First Amended Master Complaint, filed on February 11, 2005 (whereby unidentified plaintiffs represented by Ronald J. Resmini, Esq., “incorporates [sic] Gray’s [sic] Memorandum in response to Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint”). The steering committee’s objection and memorandum were filed six days later, on February 17, 2005.
185–86 As a result of the PSC’s deliberate approach Master Complaint of Superior Court Plaintiffs’ Steering Committee in Gray et al. v. Derderian et al., CA No. 04–3985, Superior Court for the State of Rhode Island, County of Providence, July 22, 2004.
186 So, on November 2, 2002 Title 28, Section 1369, United States Code.
187 Judge Lagueux was seventy-two years old “Welcome to the United States District Court, District of Rhode Island,” webpage, November 16, 2009, USDC–RI.
187 Plaintiffs’ counsel were as dejected as Transcript of Status Conference held on October 26, 2004, for consolidated Station fire civil cases, Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI. Emphasis mine.
187 The defense attorney for Clear Channel Broadcasting was actually heard by the court stenographer Ibid.
188 On May 27, 2003 Pretrial (Case Management) Order No. 2 in Gray et al. v. Derderian et al., CA No. 04–3985.
188 At the first federal court conference in the consolidated cases Transcript of Status Conference, October 26, 2004.
189 That document, 224 pages in length Third Amended Master Complaint in Gray et al. v. Derderian et al., CA No. 04–312-L, USDC–RI, Pacer Doc. No. 695, February 15, 2006.
26. MAKING THE TOUGH CASES
191 Erin Pucino claimed to be an eyewitness Affidavit of Pietra (née Erin) Pucino, August 15, 2007.
Killer Show Page 38