Rhode Island Nightclub Fire Judge Says Evidence Will Be Preserved, Won't Issue Rules

PROVIDENCE, R.I. (AP) -- The judge overseeing the criminal cases stemming from a nightclub fire that killed 100 people assured lawyers for those affected by the blaze that evidence will be preserved for their use, but declined on Monday to establish guidelines governing the materials.

Superior Court Judge Francis Darigan Jr. said he would not act on motions to preserve the evidence, saying established rules for criminal proceedings would ensure it will survive and be available for the lawyers. They are expected to sue the state, club owners and others for the deaths and injuries caused by the Feb. 20, 2003, blaze at The Station nightclub.

The fire was sparked by onstage fireworks during a performance of the rock band Great White. Club owners Jeffrey and Michael Derderian and former band tour manager Dan Biechele were indicted on manslaughter charges, and have pleaded innocent.

Darigan advised the lawyers involved in the criminal and civil cases to work out an agreement for the evidence's preservation, handling and testing.

``There may be some common ground that can be established,'' he said.

He acknowledged the issue might ultimately require a judge's order, but said there are questions about the civil attorneys' standing to file motions in the criminal cases. The criminal cases are being handled in state court, while the civil cases are in federal court.

Darigan said in the future, he and the federal judge assigned to the nightclub fire civil cases may have to collaborate on evidence or other issues common to the cases.

Before the federal court took jurisdiction over the civil cases, Superior Court Judge Alice Gibney had issued guidelines for handling and testing evidence from the fire.

Lawyers for a group of fire victims' family members and fire survivors had asked Darigan to apply Gibney's guidelines or a similar set of rules, but said Monday that they were satisfied with the judge's approach.

``It seems, based on what the judge said, that there will not be any further testing before we have a chance to discuss it,'' said Mark Mandell, one of several lawyers representing 132 fire survivors and the family members of 77 fire victims.

The lawyers are particularly concerned about samples of polyurethane foam - the material blamed for spreading the fire. Mandell said the lawyers want to ensure any testing of the foam is conducted properly, and that samples of the foam remain for the civil lawyers to test themselves.

They also said they want to be present for any testing of the foam, and said they believe the attorney general's office has already performed some tests. They said the state seized four sheets of undamaged foam from the club's basement.

A message left at the attorney general's office wasn't immediately returned.

The lawyers said they have had some disagreements with the state over evidence handling and testing, but said they believed they would have more success now that Darigan had instructed all the sides to work on the issue.

The discovery process - in which the sides share information - in the civil proceedings has been stayed until September, to give the plaintiffs time to come forward.

Mandell and Max Wistow, who is part of the group representing the bulk of those affected by the fire, said they hope to file suit on behalf of their clients in the next three weeks.