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Judge: Tour manager exempt from questioning

01:00 AM EST on Wednesday, March 23, 2005

PROVIDENCE (AP) -- A former band tour manager charged in the deaths from the Station nightclub fire can't be called for further questioning by lawyers involved in civil cases until the criminal case against him is resolved, a federal judge ruled yesterday.

Daniel Biechele, who set off the pyrotechnics that started the fire, is being sued in U.S. District Court in Providence for the concertgoers' deaths and injuries. He also faces 200 counts of involuntary manslaughter in state court.

In granting Biechele's motion to prevent more questioning, U.S. District Judge Ronald Lagueux said Biechele would likely invoke the Fifth Amendment and refuse to answer some of the allegations against him. Lagueux said it was better use of the court's time to proceed with the case by questioning defendants who do not face criminal charges.

Still, Lagueux said plaintiffs' lawyers could request that Biechele answer questions before the criminal trial if he was the only one who could answer them, and if there was no chance that he would incriminate himself.

Lagueux in November granted a similar motion by nightclub owners Jeffrey and Michael Derderian, who, like Biechele, face civil and criminal claims.

The Feb. 20, 2003, fire started when pyrotechnics ignited highly flammable foam that the Derderians had installed as soundproofing. One hundred people were killed and more than 200 injured. All three defendants have pleaded innocent to the criminal charges.

Lawyers for the defendants have said forcing them to respond to civil lawyers' allegations would jeopardize their right to a fair trial in the criminal case.

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