GREAT WHITE Nightclub Fire: Prosecutors Deny Concealing Evidence

November 22, 2005

The Associated Press has issued the following report:

State prosecutors on Monday (Nov. 21) rejected accusations that they concealed evidence from the grand jury that indicted three men in connection with a nightclub fire that killed 100 people, and said there was no reason to dismiss any of the charges.

Jeffrey and Michael Derderian, owners of The Station nightclub, last week asked a judge to throw out 200 counts each of involuntary manslaughter, saying prosecutors withheld information that they believe helps their case.

The Feb. 20, 2003, fire at the West Warwick nightclub was started by a rock band's pyrotechnics, which ignited highly flammable soundproofing foam on the building's walls and ceiling. More than 200 people were injured.

The Derderians have said they did not know the foam was flammable when they bought it from Johnston-based American Foam Corp., or that it was in violation of the state fire code.

Earlier this month, prosecutors turned over a fax sent to them anonymously in May 2003 that claimed American Foam did not warn customers about the flammable qualities of the foam.

Barry Warner, a former salesman at American Foam who sold the foam to the Derderians, admitted to prosecutors this month that he wrote the fax. The company's general manager has said Warner's claims are not true.

The Derderians' lawyers said the eight-page fax supports their case and accused prosecutors of withholding the evidence.

But in a strongly worded response filed Monday, prosecutors said they never claimed that Warner or American Foam told the Derderians the foam was flammable. They pointed out that the president of the company, Aram DerManouelian, told the grand jury the company did not give customers detailed information about the materials used in the foam unless they asked for it.

They also said Warner testified before the grand jury that he did not warn the Derderians about the flammability of the foam.

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