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The Station fire
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Blocked access to evidence slows federal probe

Safety investigators are testing different scenarios of the nightclub fire, but they say they need information that the state will not share because of the criminal probe.

12:56 PM EDT on Thursday, August 28, 2003

BY JOHN E. MULLIGAN
Journal Washington Bureau

WASHINGTON -- Evacuation of a capacity crowd from The Station nightclub might have taken as few as 100 seconds under ideal conditions, federal investigators said yesterday, but it also could have dragged on for 4 1/2 minutes.

"And if you look at the condition of that building 270 seconds after ignition, that is not a place you want to be in," said William Grosshandler, leader of the federal team investigating how the February fire in West Warwick claimed 100 lives.

But in a public report on their progress, investigators stressed that their initial computer testing of various scenarios at the nightclub cannot be properly refined without evidence that Rhode Island authorities have so far refused to share.

Extra

Grosshandler's mention of the building's appearance was a reference to the view of the burning nightclub in the now-famous television video that has become an essential tool of the investigative team.

Grosshandler called the Station fire "a once-in-a-generation event" from which lifesaving lessons can be learned.

The investigators also discussed plans to conduct a test-burning of a replica of the nightclub next week at their agency facilities in suburban Maryland and to hold a hearing on their probe in Providence as early as next month -- possibly with testimony from fire survivors.

The calculation of a range of evacuation times was one of the highlights of yesterday's report by a division of the National Institute of Standards and Technology. It is also a key baseline for the detailed computer model of the fire that the team is building in order to gauge the importance of such factors as the building's lack of sprinklers, the presence of flammable soundproofing foam on the walls, and even the behavior of panicky customers clogging the club's front exit.

But agency investigators and advisers voiced fears that the refusal of Rhode Island Atty. Gen. Patrick Lynch and others to share evidence from the fire will defeat the federal effort to learn lifesaving lessons from the Station disaster.

"The fact that there's a warehouse with 717 pieces of exemplary material" unavailable to the federal team is "a major hole" in its investigation, said Glenn P. Corbett, a fire expert who sits on the investigative team's advisory board. The problem is particularly troubling, said Corbett, a professor at New York's John Jay College of Criminal Justice, because the Station fire probe is one of the first assignments of the fledgling federal investigative team, formed by an act of Congress in the wake of the World Trade Center collapse.

"It's almost like a 'why-bother?' situation," said Corbett. "We might as well wait four or five years" to do the investigation, he remarked half-jokingly, since it could take that long to resolve the criminal case that Lynch is pursuing and the numerous civil damage suits filed in the fire's aftermath.

Nevertheless, the investigative unit, known as the agency's "National Construction Safety Team," is proceeding apace, according to Grosshandler, who detailed these aspects of the probe during a meeting of the team's advisory committee:

The team has completed about 75 percent of the task of ascertaining the "geometry" of The Station, which includes such factors as the floor plan, the location of vents, doors, windows and so forth.

The team has established about 20 percent of its inventory of the building's construction materials and contents at the time of the fire. Grosshandler explained that this information is crucial to the "assumptions" upon which the team will base its computer model. For example, another team member explained, one material may burn at a different rate than another or produce different toxins as it burns -- all key factors in drawing conclusions that may lead to safer building construction and maintenance.

Grosshandler stressed that his agency's computer simulations of evacuation scenarios is not yet precise enough to include such variables as how smoke, heat and other factors might have impeded flight from the building during the actual fire last winter. But the simulations help set ``baselines'' for how evacuation might ideally work, he said; other information may be factored into the agency's computer models as it becomes available, he said.

The team is preparing to hire outside contractors to put the apparent code violations at The Station into national and historical context by researching, for example, how standard building, fire and safety codes changed in the United States during the life of the West Warwick building.

The team is preparing to hold a hearing in Rhode Island in part to explain its work to the public and in part to solicit information -- perhaps including personal testimony from survivors -- that could aid the probe. The team and the advisory panel discussed how witnesses might be offered confidentiality in the event that Lynch's probe or the civil cases make public testimony impossible.

Mike Healy, a spokesman for Lynch, said, "We recognize the value of what NIST is doing, but what they are doing is a civil, regulatory investigation. The criminal prosecution has to come first and we won't allow anybody to derail us from that goal."

Asked how the federal probe could derail the attorney general's investigation, Healy said any public discussion of particular pieces of evidence could violate the rules protecting the secrecy of grand jury proceedings. A Rhode Island grand jury is investigating the fire, Healy noted.

Healy said that after evaluating NIST's initial request for evidence some months ago, the attorney general's office did give the agency investigators some evidence but denied most of the requested items.

"We gave what we could and withheld what we deemed essential," Healy said. He said every request for access to evidence -- including many from parties to civil lawsuits springing from the fire -- has been weighed independent of the others.

Healy said he did not know what specific kinds of evidence have been shared with NIST or any other entity.

Michael Rubin, the NIST lawyer on hand at yesterday's meeting, said he was "not pessimistic" that the Rhode Island authorities might share information essential to the agency's investigation as time goes on.

"That sounds correct," said Healy, but he cautioned that more information might not be shared until the criminal case "takes its course." Asked whether the attorney general's office is negotiating with NIST over the release of evidence, he said, "there is not a back and forth by any means."

DIGITAL EXTRA: Find out more about the mission of the National Institute of Standards and Technology, its current investigations and findings related to The Station fire, at:

http://www.nist.gov/

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