Rhode Island news

Lynch hasn’t yet asked court to release transcripts

10:26 AM EDT on Tuesday, October 24, 2006

By Paul Edward Parker
Journal Staff Writer

PROVIDENCE — Attorney General Patrick C. Lynch has not yet filed a petition asking court permission to let the public see transcripts of secret grand jury testimony in the Station nightclub fire case, even though a spokesman said three weeks ago that the petition was expected to be filed that week.

Spokesman Michael J. Healey said the filing was delayed because the lawyer handling the petition needed to order a transcript of a 2000 hearing in which then-Attorney General Sheldon Whitehouse sought to release information from the grand jury that investigated the fatal shooting of Cornel Young Jr., an off-duty Providence police officer killed by other officers in a case of mistaken identity.

Healey said last night that Alan Goulart, head of the attorney general’s criminal division, would use the transcript to prepare a legal memorandum that will accompany the petition when it is filed. “We expect he’ll be filing the appropriate paperwork soon,” Healey said. He said the transcript arrived on Friday.

Lynch’s promise to release evidence in the Station fire was first made in a Sept. 20 letter to relatives of the 100 people who died in the 2003 fire. In notifying the relatives that the case would not go to trial, Lynch promised to try to answer lingering questions in the case by making public the evidence investigators had gathered. The trial was averted when the brothers who owned the West Warwick nightclub, Jeffrey A. and Michael A. Derderian, agreed to plead no contest to 100 counts of involuntary manslaughter. Michael Derderian, 45, of Narragansett, was sentenced to serve four years in prison. Jeffrey Derderian, 40, of Cranston, was ordered to perform 500 hours of community service.

On Oct. 2, a few days after the brothers were sentenced, Healey said the attorney general expected to file a petition that week.

Normally, grand jury materials are secret. But in rare circumstances, they can be released with the permission of the presiding judge of the Superior Court, Joseph F. Rodgers.

Through a courts spokesman, Rodgers said yesterday that he will acknowledge receipt of the attorney general’s petition when it is filed, that he will announce a hearing on the petition and that the hearing will be open to the public, unless matters arise that require closing the courtroom.

Rodgers also presided over the release of the Cornel Young grand jury material. In that case, the grand jury did not indict Young’s fellow officers. Rodgers gave Young’s parents a week to review the transcripts before they were released to the public.

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