Digital Extra: The Station Fire

04:54 PM EDT on Thursday, April 29, 2004

The Associated Press

PROVIDENCE -- The owners of The Station nightclub, charged with the deaths of 100 people in a fire at the club, have asked a state judge to bar the attorney general from commenting on the case.

The lawyers for the West Warwick club's owners, brothers Jeffrey and Michael Derderian, wrote in a brief filed in Providence Superior Court that Attorney General Patrick C. Lynch has made "inappropriate" remarks since the Feb. 20, 2003, fire that have prejudiced the case.

They asked the judge to issue sanctions, including an order to dismiss the case if Lynch makes any more "inappropriate and inflammatory" remarks about the Derderians.

The brief, which was filed Monday, lists several examples of statements Lynch has made to the media that the lawyers claimed violated rules of professional conduct and the court's statements on pretrial publicity.

In one example, the plaintiffs accuse Lynch of publicly chiding the Derderians for refusing to cooperate with investigators in the days after the fire, when the lawyers claim their clients were in constant touch with prosecutors.

"The prosecution has consistently talked to the media about the Derderians' role in the investigation, as well as their character and alleged criminal responsibility," the lawyers wrote. "The prosecution's chosen course of action now threatens the Derderians' ability to receive a fair trial."

This afternoon, Lynch released a statement in response to the motion, saying he stands by all the comments he has made in the 14 months since the fire.

"As I have done from the early hours of February 21, 2003, I will continue to focus on and fight for the real victims of the horrific event that spurred this prosecution," he said.

Lynch added, "We look forward to responding to this motion in court. We also look forward to discussing the issue of pre-trial publicity in court."

The Derderians and the tour manager of the rock band Great White have pleaded innocent to 200 counts each of involuntary manslaughter.

The fire started after the band's pyrotechnics ignited foam that had been placed around the stage. The resulting blaze became the worst in the state's history, and one of the worst nightclub fires in the country, and led to several changes in fire codes locally and nationwide.

CORRECTION: An earlier version of this report incorrectly characterized the Derderians' request regarding dismissal of the case.

-- With reports from projo.com staff and Journal staff writer Tracy Breton