Judge Hears Motions To Dismiss Charges In GREAT WHITE Nightclub Fire Case

October 27, 2005

The Associated Press has issued the following report:

Lawyers for the three men charged in a nightclub fire that killed 100 people in 2003 pushed for the dismissal of half the manslaughter counts against their clients.

Superior Court Judge Francis Darigan did not immediately rule on the request after hearing more than two hours of arguments from prosecutors and defense lawyers Wednesday afternoon.

Nightclub owners Jeffrey and Michael Derderian and Daniel Biechele, the former tour manager for the rock band whose pyrotechnics are blamed for setting off the deadly fire, are charged with 200 counts of involuntary manslaughter. The three men have pleaded innocent.

Defense lawyers Wednesday specifically challenged the 100 counts that charge Biechele and the Derderians under a theory of misdemeanor manslaughter. That theory alleges that the defendants committed misdemeanor offenses that led to the deaths.

The state says the Derderians, owners of The Station nightclub in West Warwick, violated the state fire safety code by installing flammable foam inside their club. Prosecutors also say Biechele, the former tour manager for rock band GREAT WHITE, shot off pyrotechnics without first obtaining a license.

But defense lawyers, revisiting arguments made in earlier written motions, say those alleged misdemeanor offenses cannot form the legal basis of a manslaughter charge.

The Feb. 20, 2003 fire, which spread rapidly after sparks from the pyrotechnics display ignited flammable foam inside the club, also injured more than 200 people. Eight people who died either lived or worked in Connecticut.

John "Terry" MacFadyen, a lawyer for Biechele, said his client had no intent to kill or hurt anyone and should not be charged with misdemeanor manslaughter for what he described as a permitting violation.

The other 100 manslaughter charges are for criminal negligence.

Kathleen Hagerty, a lawyer for the Derderians, said it would be a "grievous injustice" for the brothers to be convicted of the misdemeanor manslaughter counts.

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