Digital Bulletin

WARWICK -- Mindful that many families of Station nightclub fire victims are dissatisfied with a plea agreement for Michael and Jeffrey Derderian, Superior Court Judge Francis J. Darigan Jr. said this morning that he will not change his mind on his decision to forgo a trial for the club owners.

In his opening remarks at their sentencing hearing, Darigan said he said understands some family members and survivors are unhappy with the sentencing agreement that calls for Michael Derderian to get four years in prison and Jeffrey Derderian to avoid prison.

After hearing several family members' "impact statements" at the Kent County Courthouse the this morning, Darigan emphasized that sparing victims' families the emotional ordeal of a trial was one of the reasons behind his decision -- but not the only one.

In his Sept. 20 letter notifying families of the plea agreement, Darigan had said:

Journal photo / Bob Breidenbach

Jeffrey Derderian, center right, reacts as he, his brother Michael, center left, and their lawyers listen to the victim impact statements today.

"Resolution of these cases was desirable under appropriate circumstances, not only to avoid an extremely lengthy, costly and heart-rending trail whose outcome was uncertain, but because it is in the best interest of all parties concerned with these cases -- the victims and their families, the potential jurors, the witnesses who would be forced to relive the moments of this tragedy, and, indeed, the entire Rhode Island community."

Some of those who spoke today -- with their statements heard and seen not only by those in attendance, but broadcast on video, TV and the Web -- appeared to do just that. They described the images and feelings that still haunt them, more than three years after the Feb. 20, 2003, fire.

Suzanne Fox imagines the fear and physical pain her son, Jeffrey W. Martin, must have experienced as the fire spread, burning the foam covering the club's walls and ceiling, which then turned to poisonous gas.

"That's what I see -- every night. Every night of my life. My son, whose bright wit and intelligence .... enriched the lives of those around him ... knows his life is over."

Jessica Garvey told of the anguish she felt in the days following the fire, waiting to hear whether an unidentified woman's body was her sister, Dina DiMaio. She hoped the woman was someone else, at the same time regretful that that hope meant she was wishing pain on another family.

Journal photo / Bob Breidenbach

Paula McMcLaughlin, left, sister of fire victim Michael Hoogasian, her mother, Claire Hoogasian, and husband, Jay McLaughlin, made their feelings plain, spurring a brief recess.

DiMaio, whose body was badly burned, was waked with a closed casket.

"I never really got to say goodbye to her, only to a box," Garvey said.

Jay McLaughlin, related to victims Sandy and Michael Hoogasian, told the judge that he felt a sense of "pain caused by disrespect, apathy, betrayal, all of which have victimized us over and over again."

The judge abruptly cut off McLaughlin when his remarks turned negative and ordered a brief recess before allowing McLaughlin to return and continue.

While he understands their frustration, Darigan said, the hearing isn't an opportunity for a diatribe against the proceeding.

Still, the judge recognized a sense of "futility" among some of the families making impact statements.

His biggest regret, he said, is "this criminal justice system cannot give you the relief you seek."

Darigan's words did little to comfort some family members, who attended today's hearing intent on influencing the Derderians' sentences.

Diane Mattera, mother of Tammy Mattera-Housa, said the sentences were "insulting."

While the scene inside the courtroom was relatively calm, many of the victims' families openly wept.

They were joined at times by Jeffrey Derderian, a former television reporter who appeared to be crying during some of the statements. His brother, Michael, appeared less emotional.

With only 50 seats for the public set aside in the main court room, a large crowd packed a nearby overflow room to watch the proceedings on a video screen.

At times, they sniffled and cried. Sheriffs passed out tissues. And, unlike the main courtroom, where Darigan kept a tigher rein on comments from the floor, they freely vented their feelings.

Outside, the day started gray and damp, with press lined up outside the new courthouse, only a short distance away from the scene of the West Warwick fire.

The blaze began when a rock band's fireworks ignited flammable foam used for soundproofing around the stage. It ultimately claimed 100 lives, injured more than 200, and drew national attention that led to reviews and changes in safety and fire codes.

Journal photo / Bob Breidenbach

While he recognized their frustrations, Superior Court Judge Francis J. Darigan Jr. also admonished some of those giving victim impact statements to stay within specified guidelines.

Today, Darigan is expected to accept a plea deal under which Michael Derderian, 45, will be sentenced to serve four years in prison. Jeffrey Derderian, 39, will get 500 hours of community service, but no jail time. The brothers also face probation and suspended jail sentences, which they could have to serve if they get in trouble while on probation.

Attorney General Patrick C. Lynch has said he opposes the deal, and Darigan has said the court is accepting it despite the attorney general's objections.

The Derderians were each charged with 200 counts of involuntary manslaughter, two for each of the 100 people who died. Today, they are expected to enter no contest pleas to 100 of those counts, because the Constitution's double jeopardy clause prevents them from being punished twice for each death.

In February, a third defendant, Daniel M. Biechele, the tour manager for rock band Great White, who triggered the fireworks, pleaded guilty to 100 counts of manslaughter. In May, Darigan sentenced Biechele to the same punishment as Michael Derderian.