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Great White plea hearing expected to be low key

Former Great White tour manager Daniel M. Biechele is expected to plead guilty to involuntary manslaughter for sparking The Station nightclub fire on Feb. 20, 2003.

10:48 AM EST on Monday, February 6, 2006

By PAUL EDWARD PARKER
Journal Staff Writer

PROVIDENCE -- A hearing tomorrow at which Daniel M. Biechele is expected to plead guilty to involuntary manslaughter for sparking The Station nightclub fire will mark a dramatic turning point in the case, but the proceeding itself will be fairly low key.

Lawyers on both sides of the case said they expect the Superior Court hearing to be a routine proceeding at which Biechele will change his plea of not guilty to guilty.

The real drama will come several months from now at Biechele's sentencing, when he and the families of the 100 people who died in the fire are expected to make statements to the court.

"This is not the last day," said Attorney General Patrick C. Lynch.

At tomorrow's hearing, Biechele will have little opportunity to say anything, other than to answer basic questions, mainly requiring yes or no answers, from the judge.

Biechele was the tour manager for the rock band Great White, the headline act at The Station the night of Feb. 20, 2003. Biechele triggered fireworks when the band took the stage in the West Warwick nightclub. Sparks from the fireworks ignited highly flammable polyurethane foam that had been glued to the walls of the nightclub after neighbors complained about noise.

In December 2003, a grand jury indicted Biechele, 29, of Florida, and the brothers who owned the club, Jeffrey A. and Michael A. Derderian, on 200 counts each of involuntary manslaughter -- two counts for each of the 100 who died. All three pleaded not guilty.

Last Tuesday, Judge Francis J. Darigan Jr. announced that Biechele had agreed to plead guilty to 100 of the counts against him and that he would enter his plea tomorrow at 3 p.m. The hearing will be in Courtroom 12 on the fifth floor of the Licht Judicial Complex, between Benefit and South Main streets.

Only media and relatives of the 100 who died will be allowed into Courtroom 12, court spokesman Craig N. Berke said. Three additional courtrooms will be equipped with closed-circuit televisions to allow more people to see the proceedings. Berke said he understands that local TV stations will broadcast them live. The courtroom will open to the public at 2:30 p.m.

If tomorrow's hearing follows the usual practice, it will unfold something like this:

Lawyers for both sides might be summoned into the judge's chambers for a conference to address last-minute issues. The conference would not last more than a few minutes.

The lawyers would return to court, then the judge would take the bench and the clerk would announce the case.

Darigan would engage Biechele in what is called a colloquy, asking him a series of questions to ensure he understands the constitutional rights he would give up by pleading guilty. Typical questions would include how far Biechele went in school and whether he is under the influence of any drugs or alcohol at the hearing.

One of the prosecutors would give a brief account of what happened the night of the fire, highlighting Biechele's role. Prosecutors might have to read the names of the 100 victims in court.

Biechele, either directly or through his attorney, would agree with the accuracy of what the prosecutor described.

Then Biechele would change his plea to guilty, and the judge would accept it.

pparker@projo.com / (401) 277-7360

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