Killer Show: The Station Nightclub Fire (61 page)

163
When Boston’s Cocoanut Grove nightclub Commonwealth v. Welansky
, 316 Mass. 383, 55 N.E.2d 902 (1944).

163–64
Accordingly, in May 2006, Biechele agreed
Sentencing Memorandum of Judge Francis J. Darigan, May 10, 2006, K1/2003–0653A.

164
Before hearing victims’ impact statements
“The Judge Explains the Rules,”
ProJo Stationblog
, Associated Press, May 9, 2006.

164
Evelyn King, widow of club bouncer
“I Knew I Would Never See Him Alive,”
ProJo Stationblog
, May 8, 2006.

164–65
A burn-scarred Gina Russo
“I Ask That the Court System Provide the Proper Justice,” Ibid.

165
The father of Jimmy Gahan
“I’m Here to Relate What Jimmy Might Say,” Ibid.

165
Michael Hoogasian’s sister asked
Ibid.

165
Bridget Sanetti’s mother described
“Envious of the Dying,”
ProJo Stationblog
, May 9, 2003.

165
Despite the judge’s admonition
“The Judge Explains the Rules,”
ProJo Stationblog
, May 9, 2003.

165
First, Assistant Attorney General Randall White
“Prosecutor Wants Full 10 Years for Biechele,”
ProJo Stationblog
, May 10, 2006.

165
Next, Dan Biechele’s attorney
“Biechele’s Lawyer: My Client Is the Only One to Apologize,”
ProJo Stationblog
, May 10, 2006.

165
Next came Biechele’s turn to speak
“Full Text of Biechele Apology,”
ProJo
(Associated Press), May 10, 2006.

165–66
Then, it was time for Judge
Sentencing Memorandum of Judge Francis J. Darigan Jr., May 10, 2006.

166
You get your son back after four years
Paul Edward Parker, “Biechele Gets 4 Years in Jail,”
Providence Journal
, May 11, 2006.

166
Dan Biechele would be eligible
Ibid.

167
Statements had been taken
Attorney General’s produced witness statements.

167
it was anticipated that over 250 witnesses
Letter from Attorney General Patrick Lynch to families of Station fire victims, September 20, 2006, p. 2,
4.

167
Particularly damning was the anticipated testimony
Witness statement of Lewis Cook, March 31, 2006.

167–68
In September 2006, Judge Darigan
Letter of Judge Francis J. Darigan Jr. to Families of Station Fire Victims, September 20, 2006.

168
Unfortunately, someone in Attorney General
Remarks of Hon. Judge Francis J. Darigan Jr. to the Press, September 21, 2006.

168
On that overcast morning
Paul Edward Parker, “Station Fire: A Long Line of TV Trucks,”
ProJo Stationblog
, September 29, 2006.

168–69
Judge Darigan stated in opening remarks
Jack Perry, “Station Fire: Darigan Won’t Change Sentences,”
ProJo Stationblog
, September 29, 2006.

169
The father of Derek Johnson
Mike McDermott, “Station Fire: I Stand Here a Broken Man,”
ProJo Stationblog
, September 29, 2006.

169
The brother-in law
Mike McDermott, “Station Fire: Victimized … Over and Over Again,”
ProJo Stationblog
, September 29, 2006; Andrea Panciera, “Station Fire: Frustration, Tears in Overflow Courtroom,”
ProJo Stationblog
, September 29, 2006.

169
The mother of John Longiaru
Mike McDermott, “Station Fire: ‘Trial Would Have Been Too Hard on Judge, AG,’”
ProJo Stationblog
, September 29, 2006.

169
Dina DeMaio’s mother
Mike McDermott, “Station Fire: Frustration Hard to Contain,”
ProJo Stationblog
, with photo by Bob Breidenbach, September 29, 2006.

169
Gina Russo turned
Mike McDermott, “Station Fire: ‘We Tried to Get Out,’”
ProJo Stationblog
, September 29, 2006.

169–70
Victims’ disappointment
Sentencing statements of Jeffrey Derderian and Michael Derderian, September 29, 2006 (emphasis mine); notwithstanding Michael Derderian’s promise in his sentencing statement to “do everything we can so that every question can be answered,” both he and his brother, Jeffrey, declined the author’s request to be interviewed for this book.

170
Judge Darigan’s explanation
Jack Perry,
“
Alert: Station Fire: Darigan Imposes Sentences,”
ProJo Stationblog
, September 29, 2006.

171
As for Larocque … he may have been the beneficiary
Rhode Island General Laws, Title 23, chap. 28.2, sec. 17.

171
the single reported case interpreting it Vaill v. Franklin
, 722 A.2d 793 (RI, 1999).

171
Responding to criticism over not indicting Larocque
Mark Arsenault, “See How They Run,”
Rhode Island Monthly
, December 2009, p. 76.

172
Under this concept
Ninth Circuit (Federal) Pattern Jury Instruction (Criminal Cases), chap. 3, § 3.18.

172
The contract documents
Great White contract for appearance at The Station on February 20, 2003,
4(a). Emphasis mine.

172
Four months before the
Katherine Gregg, “Update: Lynch Announces His Exit from Governor’s Race,”
ProJo 7-to-7 News Blog
, July 15, 2010.

172
That month, workmen removed
Edward Fitzpatrick, “Quote from Spiderman to Cling Outside AG Office,”
Providence Journal
, March 31, 2004.

24.
“FIRST, SURVIVAL; THEN, FUNCTION; THEN, COSMETICS”

173–74
By mid-morning on February 21, 2003
Lydia Polgreen, “Months Past Club Fire, a Struggle to Go On,”
New York Times
, May 4, 2003; Mark Patinkin, “At the End, Her Lips Moved, and It Seemed Her Head Nodded,”
Providence Journal
, May 11, 2003.

174 “
This is Pam,” said Anna
Patinkin, “At the End, Her Lips Moved.”

175
Several fortunate coincidences favored Rhode Island Hospital
David Harrington, MD, “Rhode Island Hospital Response to Station Fire,” presentation for First Responder CME, Hasbro Children’s Hospital, Providence, February 27, 2008.

175
Care of critically burned patients
Richard F. Edlich and John C. Moghtader, “Thermal Burns” (chap. 53), in
Emergency Medicine, Concepts and Clinical Practice
, 4th ed., ed. Peter Rosen (St. Louis: C. V. Mosby Co., 1998).

175–76
As explained by Colleen Ryan, MD
Colleen Ryan, in videotaped discussion with the author, January 20, 1995.

176
Eventually, all debrided areas must be grafted with the patient’s own skin
This was state of the art at the time of the Station fire. Since then, however, surgeons have been able to use permanent cadaver skin grafts that have been specially treated to prevent their rejection by the burn victim’s body.

176–77
When Gina Gauvin’s doctors at UMass. Medical Center
Felice J. Freyer, “Against the Odds,”
Providence Journal
, October 26, 2003; Felice J. Freyer, “Saving the Patient,”
Providence Journal
, October 27, 2003; Felice J. Freyer, “Road to Recovery,”
Providence Journal
, October 28, 2003; Felice J. Freyer, “Going Home,”
Providence Journal
, October 29, 2003.

177–78
Joe Kinan, the amateur body-builder
Joe Kinan, in discussion with the author, January 24, 2008; Angie Cannon, “Looking for Answers in the Ashes,”
U.S. News and World Report
, February 8, 2004.

178–79
During the two and a half months that Pam Gruttadauria
Polgreen, “Months Past Club Fire, a Struggle to Go On,” and Patinkin, “At the End, Her Lips Moved.”4.

179
That night, Pam Gruttadauria, age thirty-three
Ninety-six persons lost their lives at the site of the Station fire. Another four died of their burns days or weeks later. Their names and ages appear alphabetically in an appendix to this book.

179
On May 24, 2006, Jack Russell appeared
Transcript of
Extra
television broadcast, May 24, 2006.

179
Three thousand miles to the east, Joe Kinan
Joe Kinan, discussion with author; Cannon, “Looking for Answers in the Ashes.”

25.
RISKY BUSINESS

181
The United States Supreme Court, in
Bates v. State Bar of Arizona 433 U.S. 350 (1977).

183
Just twelve days after the fire Roderiques et al. v. Town of West Warwick et al
., CA No. PC-03–1084, Superior Court for the State of Rhode Island, Providence County.

183
a basic statutory requirement in Rhode Island that the town first be given
Rhode Island General Laws, Title 45, chap. 15, sec. 5.

183
Another case, filed by a heavy advertiser just six days later Kingsley et al. v. Derderian et al
., CA No. PC-03–1171, Superior Court for the State of Rhode Island, Providence County.

184
Appointed by the state Superior Court
Pretrial (Case Management) Order No. 2 in
Gray et al. v. Derderian et al
., CA No. 04–3985, Superior Court for the State of Rhode Island, County of Providence, May 27, 2003, Gibney, J.

185
In at least two comical instances
Plaintiffs’ Objection to Defendant, Home Depot, USA, Inc.’s Motion to Dismiss the Third Amended Master Complaint, filed on June 6, 2006, Pacer Doc. No. 895, in
Gray v. Derderian
, CA No. 04–312-L, USDC–RI (whereby “the Plaintiffs, Tammy Passa, et al., Ronald Kingsley,
et al.
and Andrew Paskowski, et al., hereby join and adopt the Opposition and Memorandum of the Gray Plaintiffs to Defendant, Home Depot USA, Inc.’s Motion to Dismiss the Third Amended Master Complaint”). The objection and memorandum of the steering committee—“Gray Plaintiffs”—were filed two days later, on June 8, 2006, under Pacer Doc. No. 900; Plaintiffs’ Objection to Defendant, Certain Underwriters at Lloyd’s, London’s Motion to Dismiss First Amended Master Complaint, filed on February 11, 2005 (whereby unidentified plaintiffs represented by Ronald J. Resmini, Esq., “incorporates [
sic
]
Gray’s
[
sic
] Memorandum in response to Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint”). The steering committee’s objection and memorandum were filed six days later, on February 17, 2005.