Digital Extra: The Station Fire

12:12 PM EDT on Thursday, May 5, 2005

The Associated Press

PROVIDENCE - - Most of the grand jurors who voted to indict the owners of a nightclub where 100 people died missed portions of testimony in the case, according to court papers filed yesterday by the owners' attorneys.

The allegations could be an early step by Jeffrey and Michael Derderian to get the indictments on 200 counts each of manslaughter dismissed.

The Derderians have pleaded innocent to the charges stemming from the Feb. 20, 2003, blaze at The Station nightclub in West Warwick. Also pleading innocent is Dan Biechele, the former manager of the rock band Great White, who ignited the pyrotechnics that sparked the fire.

In a notice filed in Providence Superior Court and first reported by WJAR-TV, the Derderians' lawyers said 17 of the 21 grand jurors who voted on the indictment were absent for part of the 35 days of proceedings. They said 10 jurors missed at least two days, and one missed seven days.

The lawyers also claimed that one grand juror who allegedly missed testimony from Rhode Island's attorney general was not given a tape or transcript of the testimony. The juror instead received an oral summary by some of those who attended the proceeding, according to the filing.

Jeff Pine, Jeffrey Derderian's attorney, said he believes more grand jurors missed some of the proceedings. The filing said defense lawyers intend to resume interviews with the jurors.

Pine would not say how the defense planned to proceed with the information it gathers about possible absences, but said he believes it is an important issue.

The attorney general's spokesman said the state had not seen the filing, and could not comment, but planned to respond soon.