Digital Extra: The Station Fire

The Providence Journal is seeking police and fire reports, a list of those known to have been at The Station, and records of where the bodies were recovered.

01:00 AM EDT on Friday, April 30, 2004

BY MARK ARSENAULT
Journal Staff Writer

WARWICK -- Superior Court Judge Mark A. Pfeiffer will privately review state and town records related to the 2003 fire at The Station nightclub, to determine if the records can be released under a Providence Journal public-records lawsuit.

The newspaper's requests for the records date back to the days after the Feb. 20, 2003 inferno in the former West Warwick nightclub. Ignited by pyrotechnics during a rock concert, the fire killed 100 people, injured about 200 and inspired an overhaul of the Rhode Island fire-safety code.

The newspaper is seeking police and fire records, a list of people known to have been at the nightclub and records of where the bodies were recovered.

State and West Warwick officials have argued that the material in dispute should be kept secret under exemptions in the public-records law.

At a hearing yesterday in Kent County Superior Court, Pfeiffer ordered the officials to provide the court copies of the records within a week, so he may begin what he expects will be an "extensive" review of the material.

Journal lawyer Joseph V. Cavanagh Jr. had argued in court that the material should be presumed under the law to be public, unless the state can show reasons each item should be exempt. "We have confidence that the judge after his inspection will be able to apply appropriate principles and make an informed decision," Cavanagh said.

Attorney General Patrick C. Lynch said he would provide copies of the records to Pfeiffer. "I certainly think, pursuant to our rules, that this is the right determination by the court," he said yesterday.

Three people face criminal charges in connection with the 100 deaths from the fire: club owners Michael and Jeffrey Derderian and concert tour manager Daniel Biechele.

"My overriding concern for any document that may be produced in the trial that we anticipate having is the fairness of the process and integrity of the process," Lynch said.

"There are times in matters such as this where we need direction from the court," Lynch said. "We're anxious for that guidance and we'll abide by that."

THE JOURNAL's public-records suit covers four types of records:

Police and fire incident reports from the night of the fire. In a brief to the court, Special Assistant Attorney General Michael W. Field said that the police records include handwritten witness statements, interview transcripts and narratives by police officers.

Police and fire dispatch and telephone recordings.

Under a consent agreement approved by the court, Lynch last November released more than 250 police dispatch tapes from the night of the fire. But he withheld 91 tracks of police recordings, citing concerns over privacy and possible damage of the fire investigation.

Records that detail where each body was found at the fire site.

The names and addresses of each person known by the governor's office to have been at The Station the night of the fire.

The newspaper is trying to account for every person who was in the club when it caught fire. Last October, Carcieri released 192 names of people who called state officials in the days after the fire to affirm they were safe.

The governor has refused to release the names of Station survivors from a second list, which includes people who applied to the state for benefits after the fire. That list is in dispute. The governor's counsel, Claire Richards, noted in court yesterday that the law specifically exempts "all records which are identifiable to an individual applicant for benefits."

Cavanagh said the newspaper doesn't want any information on benefits, only the name and address of Station survivors.

Timeline of public-records dispute

Feb. 20, 2003: The Station nightclub burns down in the deadliest fire in Rhode Island history.

Feb. 26, 2003: Providence Journal requests police reports related to The Station.

March 12, 2003: The Journal requests police and fire dispatch records.

March 20, 2003: Town of West Warwick denies access to police reports and dispatch records related to the fire.

April 23, 2003: The Journal requests fire department investigative report on The Station fire. The request is denied and the paper files public records suit.

May 2003: The Journal requests (from several state and local officials) any records that identify where in The Station wreckage each body was recovered. The requests are denied.

September 2003: The Journal publishes list of 412 people who were inside The Station when the fire started. Further reporting raises the number to 440.

October 2003: Governor Carcieri releases a list of 192 names of people who called state officials after the fire to report they were safe. He refuses to release names from a second list of Station survivors who applied for state benefits due to the fire.

Nov. 6, 2003: Under a consent agreement approved by the court, the attorney general releases a portion of the police communications recorded the night of the fire, and two fire department reports.

Nov. 28, 2003: The Journal files a motion for summary judgment in the records dispute.

Dec. 9, 2003: Grand jury indicts nightclub owners Jeffrey and Michael Derderian and concert tour manager Daniel Biechele in connection with the 100 deaths in The Station fire.

April 29, 2004: Judge Mark A. Pfeiffer decides to review the disputed records in deciding a Journal motion seeking to compel the release of the material.

Sources: court records, Journal archives.