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AG failed to pursue justice in Station fire

01:00 AM EST on Wednesday, February 21, 2007

I respectfully ask that the Atty. Gen. Patrick Lynch exercise his duly constituted powers to administer justice in the Station Club fire.

The attorney general has claimed that he cannot indict the West Warwick safety officials because his hands were tied by the grand jury. This is not true. Short of a capital crime — i.e., murder or a crime where the sentence could be life in prison — the attorney general himself can bring an indictment.

Further, newly released grand-jury testimony reveals that it was actually the attorney general’s office that tied the grand jury’s hands, as prosecutors deflected pointed questions by a conscientious grand jury away from the actions of safety officials.

These efforts to shield the officials from indictment make it clear that the attorney general and his staff themselves perceive the culpability of the officials: Increasing the legal occupancy of the club from 253 to 404. Failing to order the abatement of the flammable foam. Failing to take enforcement action against other repeated violations.

The exceptions to sovereign immunity should be noted here: malice, lack of good faith and “gross, willful, or wanton negligence.” It is an understatement to point out that 100 deaths constitute gross negligence. Lesser charges than murder might suggest themselves to the attorney general, as they did in three prior instances.

Until they are brought, justice will continue to be subverted.

MONIQUE CHARTIER

Wakefield

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