150 South Main Street
Providence, RI 02903
(401) 274-4400
TDD (401) 453-0410
Patrick C. Lynch, Attorney General
September 20, 2006
Over the past three and one half years, I have been witness to your courage, your love and your loss. You have shown me and my staff, including prosecutors and investigators, much support through these very trying times. For your support and kindness, I thank you. Today, I am writing to inform you of a significant development in the prosecution of the involuntary manslaughter cases pending against Michael Derderian and Jeffrey Derderian, one that will conclude each case prior to trial.
Superior Court Associate Justice Francis J. Darigan Jr., has advised my office that, on September 29, 2006, he will allow Defendants Michael Derderian and Jeffrey Derderian to withdraw their ''not guilty" pleas and enter "nolo contendere" (meaning no contest) pleas to one hundred counts of involuntary manslaughter. The nolo contendere pleas are equivalent to admissions of guilt by Michael Derderian and Jeffrey Derderian. Judge Darigan is expected to sentence each Defendant for those crimes after hearing from the victims. Depending upon the number of victims who appear, sentencing may occur on that same date.
It is my understanding that Judge Darigan is writing to each of you individually to personally advise you of these developments and invite you to attend the September 29, 2006, hearing and to address the Court as to the impact that the Defendants' crimes have had on you. I understand that many have already made plans to attend court on October 3rd, when the trial of Michae1 Derderian was scheduled to begin. The Court, however, has set the date of September 29th. If you wish to appear, but cannot do so on that date, please notify the Probation Depar1ment when scheduling your appearance. I felt it important that you hear from me as well, so that you understand my feelings about these events.
Most importantly, I want each of you to understand that as Attorney General, I have not agreed to this disposition, and I will continue to strongly voice my objection.
Since the time of the Station nightclub fire, I have pledged repeatedly to those affected most by this tragedy that I would seek justice. Despite months of denials of responsibility on behalf of those who owned the club and of the band's tour manager, each has now admitted that they are, in fact, criminally responsible for the deaths of one hundred persons. As Attorney General, it was my obligation to investigate this fire to determine if criminal conduct occurred, and to bring criminal charges, if warranted, against those responsible. There were those who maintained this fire was simply an accident, and that I sought to extend the reach of the criminal law. I disagreed, and the fact that three persons have now accepted criminal responsibility has proven my office's position correct.
Faced with evidence gathered by my office, in conjunction with the West Warwick Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Warwick Police, the Rhode Island State Fire Marshal and the Rhode Island State Police, and with the expected testimony of Daniel Biechele, both Michael Derderian and Jeffrey Derderian last week informed Judge Darigan that they were prepared to accept responsibility for their roles in the fire at The Station nightclub and change their not guilty pleas.
Despite their desire to admit to the charges against them, I was unwilling to recommend or agree to the sentences that I have been advised the Court will impose.
Subsequently, Judge Darigan decided that, in light of the Defendants' willingness to plead to one hundred counts of involuntary manslaughter, he would accept those pleas without the agreement of my office. Though it had been my desire to bring these cases to trial, and despite the fact that my staff has been working tirelessly towards preparing for Michael Derderian's trial, having issued over 250 witness subpoenae, the law shows the Court to accept a change of plea without the Attorney General's agreement.
Judge Darigan has stated that he has taken into consideration what he anticipates would be the untold emotional impact and pain that two trials, each of which could last upwards of four months, would inevitably cause. Although I respect these considerations, I am also mindful that through months of trial preparation, the survivors of those killed in The Station nightclub fire have been resolute in their strength and desire to see justice done, including their willingness to assist in the trial of these cases. Judge Darigan is prepared to accept the Defendants' <i>nolo contendere</i> pleas and sentence Michael Derderian to a sentence of, fifteen (15) years at the Adult Correctional Institutions, four (4) years to serve, eleven (11) years suspended, and three (3) years of probation. The Court will sentence Jeffrey Derderian to ten (10) years at the Adult Correctional Institutions, execution of the sentence suspended, three years probation, and order him to perform five hundred (500) hours of community service.
I respectfully disagree with, and object to, the sentences that the Court intends to impose on Michael Derderian and Jeffrey Derderian. Most significantly, I strongly disagree with the Court's intention to sentence Jeffrey Derderian to less than jail.
Notwithstanding my objection to, the sentences that Judge Darigan intends to impose, there can be no dispute that the right to a trial that the United States Constitution affords is a right that belongs to the accused, not to the State. In other words, our system of justice does not allow the State to demand a trial; that right belongs exclusively to the criminal defendant.
Rhode Island law and the Rhode Island Constitution do guarantee victims of crime the right to address the Court regarding the impact of the perpetrator's conduct prior to acceptance of a plea and imposition of sentence upon a defendant. Specifically, upon request, a victim shall be afforded the opportunity to address the Court regarding the impact of the crime. It is my understanding that Judge Darigan will invite you to address the Court prior to the sentencing of each defendant. I understand that, in light of the Court's decision to impose specific sentences, this process may seem futile to you. Nevertheless, I urge you to address the Court if that is your desire. If you would like to personally address the Court on that date or have prosecutors address the Court on your behalf by reading a statement or letter from you, you should contact Donna D. Broccoli from the Department of Corrections, Adult Probation Unit at 401.462.0382 or by fax at 401.462.0375.
I understand and respect that many of you believe that, as painful as the prospect of a trial seemed, a trial would help you understand the events that preceded and occurred on February 20, 2003. Appreciating that concern, I am in the process of identifying the materials and evidence gathered during the extensive investigation of this case that we can publicly release in an attempt to help answer some of your questions.
Your seemingly bottomless strength will undoubtedly be tested once again by these events. While it is unimaginable that there would be a consensus among you about what the right outcome should be for either Michael Derderian or Jeffrey Derderian, I can only hope that we can assist you through the additional emotional impact that these events will bring by providing information that will help you understand the process. You have my utmost respect for the courage you have displayed. Thank you again for the support you have shown the prosecutors and investigators as we have attempted together to sail these uncharted and very rough waters.
Very truly yours,
Patrick C. Lynch
Attorney General