PROVIDENCE -- Four months have passed since the deadliest fire in the state's history, and Atty. Gen. Patrick C. Lynch predicted last week that the massive criminal investigation could take up to three years to run its course.
In an hourlong interview in his office on Friday, Lynch said that four of his most experienced prosecutors are still working the case full-time. The possibility of anyone being charged criminally, he said, is "months, not weeks away."
"It's going remarkably well," said Lynch. "I couldn't speak highly enough of the efforts that have been made. We remain very focused."
Lynch estimated that it would take about three years for the investigation to reach its conclusion -- providing there are criminal charges -- with lengthy trials in the state court system.
At this point, investigators from West Warwick, Warwick, the state police, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives have questioned more than 300 witnesses who were in or knew something about The Station, the West Warwick nightclub where 100 people died and more than 200 were injured.
Lynch said that the bulk of the first phase of the probe, gathering evidence from the crime scene and interviewing witnesses, has concluded and they have moved to analyzing the reams of information. The analysis also includes reviewing the various criminal charges that might fit the potential crimes.
The current phase also involves calling witnesses before a statewide grand jury and having them tell what they know under oath. The grand jury has met regularly at a National Guard complex in East Greenwich and in the Kent County Court House, in Warwick.
Lynch also pointed out that the grand jury is not his only option. He said that his office, with the approval of a Superior Court judge, could charge someone in a a process called criminal information.
Under the law, anyone facing a charge, such as murder, that could result in life imprisonment, must have his case presented before a grand jury. But lesser charges, such as manslaughter, could be handled through the criminal-information process.
The Feb. 20 fire, the fourth deadliest nightclub fire in the nation's history, thrust Rhode Island and Lynch into the international limelight. At the time, Lynch had been in office less than 50 days..
The fire was ignited within minutes after Great White, a heavy-metal band from California, took the stage at 11 p.m. As part of the show, the band set off pyrotechnic devices that shot sparks into the low ceiling, which was insulated with flammable foam.
In the hours and days after, Lynch appeared uncomfortable and defensive standing before banks of microphones, facing scores of reporters from around the world. Lynch would not waiver from his policy of saying next to nothing about the investigation, to the frustration of the assembled news media.
On Feb. 22, two days after the fire, Jeffrey and Michael Derderian, the brothers who ran the nightclub, called a news conference at a Warwick hotel. Jeffrey Derderian, a well-known television news reporter in Boston and Providence, read a tearful statement expressing his sympathy for the victims. He also denied that he and his brother were responsible for the fire.
Lynch was irritated with the Derderians' news conference. He said afterward that he hoped the Derderians would be as cooperative with investigators as they had been with the news media.
On Friday, Lynch said he stands by that remark.
He said that Jeffrey Derderian spoke to Asst. Atty. Gen. Randy White, deputy chief of Providence County, outside the burning nightclub and Derderian offered some "preliminary" information. "At that point," Lynch said, "[the investigation] is just at its infancy."
He said that investigators have not spoken to him since.
Meanwhile, Michael Derderian was in Florida during the fire and he has not spoken to investigators.
Lynch refused to discuss anything further about the brothers, including what he would like to speak to them about or whether they are suspects in the criminal investigation.
"The investigation goes on with, or without, people's cooperation," Lynch said. "None of my comments should be interpreted that [the Derderians] are on my short list" of possible suspects.
He said the public can be assured that the most experienced and talented prosecutors in his office are assigned to the case. He said that William Ferland, the lead prosecutor, has 16 years experience; Paul Daly, chief of the criminal division, has been with the office for 14 years; White, the deputy chief of Providence County, has been a state prosecutor for 18 years; and Mike Stone, an assistant attorney general, has been trying cases for the state since 1980.
The lawyers for the Derderians have continued to express frustration over Lynch's remarks about their clients' lack of cooperation. They said there is no doubt that the brothers, who have not been subpoenaed to appear before the grand jury, are targets of the criminal probe.
Jeffrey Derderian's lawyer, Jeffrey B. Pine, a former state attorney general, said no lawyer would allow his client to speak with investigators unless he was given some assurance that the information would not be used against him.
"When your client obviously is a target, until they tell you otherwise, it's difficult to advise them to walk in and answer all their questions," he said. "Frankly, [Lynch] shouldn't be commenting on the statements, or lack of statements, from people. It's certainly not his place to comment on whether someone chooses not to be interviewed."
Kathleen M. Hagerty, Michael Derderian's lawyer, said she has supplied investigators with a wealth of documents concerning the brothers' ownership of the nightclub and other items that she believes would assist them.
Hagerty said she gave investigators a copy of the receipt that detailed Michael Derderian's purchase of the flammable foam insulation from American Foam Corp. in Johnston. She also said she turned over Michael Derderian's notes from conversations he had with Dan Biechele in the weeks preceding the fire.
Biechele was Great White's tour manager, who was responsible for making all arrangements for the band. He set off the pyrotechnics that set the nightclub on fire. There is a dispute over whether Michael Derderian gave Biechele permission to use the flammable devices.
Hagerty said there is nothing in Derderian's notes that mentioned pyrotechnics.
Meanwhile, Hagerty said she has spoken to prosecutors in Lynch's office "about the investigation at length recently," but she declined to say who she talked to, or discuss the nature of their talks.
She said the line of communication between her, Pine and Lynch's office is "wide open."
As the investigation grinds on, Hagerty and Pine said the Derderians' lives remain in limbo. Jeffrey Derderian continues to collect a paycheck from Channel 12 (WPRI) television even though he has not returned to work since the fire.
Michael Derderian also tries to keep busy, selling insurance and spending time with his children.
"The not-knowingness creates a lot of anxiety for them," Hagerty said. "They are decent, conscientious guys. It's a pretty big burden that they are carrying right now."
