Digital Extra: The Station Fire

The brothers argue that the state withheld evidence from the grand jury that indicted them on manslaughter charges in connection with the fire at The Station nightclub.

01:00 AM EST on Tuesday, November 15, 2005

BY MARK ARSENAULT
Journal Staff Writer

PROVIDENCE -- The brothers who owned The Station nightclub have asked the Superior Court to dismiss manslaughter charges against them because, they allege, state lawyers prosecuting the brothers for the disastrous 2003 fire at the club withheld evidence from the grand jury.

The brothers, Michael and Jeffrey Derderian, filed their motion yesterday, Michael J. Healey, spokesman for the Attorney General Patrick C. Lynch, confirmed.

The Derderians are accused of manslaughter for soundproofing their West Warwick nightclub with flammable packing foam, forbidden under the fire code, which ignited when hit by a rock band's pyrotechnics on Feb. 20, 2003. The fire consumed the building and killed 100 people. The Derderians bought the foam through Barry Warner, a salesman for American Foam, of Johnston. Warner lived near the club.

The new defense motion is based on a fax prosecutors received in May 2003, which alleged that the foam company had a policy of not warning customers about potential dangers of its product. The fax was sent anonymously to state prosecutors in 2003, though Warner apparently told the state police two weeks ago that he had sent the fax.

The Derderians have claimed in court papers that they learned of the fax on Nov. 3 when state prosecutors delivered "a large package" of material related to the case.

The defense claims prosecutors withheld the fax from the grand jury. The grand jury indicted the Derderians in late 2003. The grand jury also indicted Daniel Biechele, the concert tour manager accused of lighting the pyrotechnics that started the fire.

Healey said yesterday, "We look forward to going to court and arguing our side" against the motion. A lawyer for the Derderians could not be reached last evening.

With reports from Journal staff writer Bruce Landis and the Associated Press.