mimo2005

Plea deals in R.I. nightclub fire case enrage relatives

By Eric Tucker

Elizabeth Carneselli visits the site of the nightclub fire that killed her nephew.

WARWICK, R.I. — Enraged that no one will see more than four years in prison for the 2003 nightclub fire that killed 100 people, victims' relatives vented their fury Friday at a judge as he accepted plea deals from the club's owners.

Michael Derderian received four years behind bars and his brother, Jeffrey, got no prison time after the two pleaded no contest to 100 counts of involuntary manslaughter. The fire, ignited by a rock group's pyrotechnics, engulfed The Station nightclub because the Derderians had installed highly flammable foam on the walls to ease neighbors' noise concerns.

Judge Francis Darigan admonished the victims' relatives not to try to talk him out of the plea deals. But many ignored the warning in a sentencing so turbulent that the judge recessed the proceedings at one point to defuse the tension.

"Lady Justice in Rhode Island is blind, but she's also deaf," Jay McLaughlin, a relative of two victims, told the judge, to applause from some in the courtroom.

"Before I read my statement, I'd like to just say I will address you, but I will not say 'Your Honor.' I don't think you're an honorable man. I don't respect you," said Annmarie Swidwa, the mother of Bridget Sanetti, 25, another victim.

Victims' families were angry about the sentences, and they thought a trial would have told them more about how and why their loved ones died.

The judge refused to reconsider the plea deals, saying they would spare the victims and all of Rhode Island from having to "relive the moments of this tragedy" through graphic images and descriptions and that it would "avoid an extremely lengthy, costly and heart-rending trial whose outcome was uncertain."

"I understand how you feel about this case," the judge told family members. "My greatest regret, however ... is that this criminal-justice system cannot give you the relief you seek."

Prosecutors said they objected to the sentences and urged prison time for both men. Defense lawyer Kathleen Hagerty has said prosecutors offered the terms during negotiations, but Darigan took responsibility for the deal Friday.

Gov. Don Carcieri also criticized the sentences. "Nobody who witnessed today's emotional testimony could believe that the punishment fit the crime," he said.

Before the judge imposed the sentence, Jeffrey Derderian, 39, tearfully apologized and recounted the chaotic scene.

"The fire moved so fast. I was scared. I wish I did a better job," he said. "There are many days that I wish I didn't make it out of that building, because if I didn't maybe some of these families would feel better."

Michael Derderian, 45, who until Friday had not spoken publicly about the fire, also apologized. "We will do everything we can so that every question can be answered."

The brothers said they did not know the foam was flammable.

The brothers wept during testimony from some of the more than 24 relatives of victims who took the stand to recount how their lives have changed since the Feb. 20, 2003, blaze in West Warwick.

Both defendants also received three years' probation. In addition, Jeffrey Derderian was sentenced to 500 hours of community service.

Michael Derderian received the harsher sentence because he bought the foam.

The fire began during a concert by the heavy-metal rock band Great White and quickly consumed the one-story wooden building 13 miles south of Providence. More than 200 people were injured; many of those killed became trapped and died at the doorways.

The Derderians' lawyer has said Great White didn't have permission to set off the pyrotechnics, which the band denies.

Former Great White tour manager Daniel Biechele was sentenced in May to four years in prison after pleading guilty to involuntary manslaughter for setting off the pyrotechnics.

http://seattletimes.nwsource.com/htm...25_club30.html