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August 9, 2006

Defense: Derderian not responsible for overcrowding

PROVIDENCE -- Lawyers for Station nightclub co-owner Michael Derderian filed a motion in Superior Court today arguing that their client wasn't responsible for overcrowding at the club on the night of the fire that killed 100 people.

The motion cites a state law that says occupancy should be supervised "by the responsible management or person...delegated that responsibility" and that the maximum occupancy should be visible "on a sign posted by the state fire marshal's office."

There was no sign, the attorneys argue, and Derderian wasn't in the club during the fire so he couldn't have been "the responsible management or person" referred to in the law.

Derderian is one of two brothers who owned The Station, a West Warwick nightclub that burned down in February 2003, killing 100 people. His trial on involuntary manslaughter charges is scheduled to begin with jury selection on Sept. 5. The trial for his brother, Jeffrey A. Derderian, is expected to follow.

Today's motion, which sheds light on at least one defense strategy less than a month before the trial's scheduled start date, cited testimony from former West Warwick fire marshal Denis Larocque, who acknowledged there was no sign regarding club capacity posted at the club.

"Because the state fire marshal never provided the sign required [by the law], and because Michael Derderian was not present at the time of the fire, he cannot be deemed the 'person responsible' for occupancy ... " reads the motion.

The filing asks Superior Court Judge Francis J. Darigan to issue an order banning any prosecutor or witness from suggesting Derderian was responsible for club capacity. And it asks Darigan to instruct the jury that "any person who was not present at the time of the fire cannot be deemed responsible for the occupancy at the time of the fire."

A hearing has not yet been scheduled for Darigan to rule on today's motion.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 6:53 PM | Comment

41 witnesses named by Derderian defense

PROVIDENCE -- Attorneys for Station nightclub co-owner Michael Derderian filed a motion in Superior Court today listing 41 witnesses expected to testify for the defense in their client's looming trial.

The defense list includes a host of West Warwick police and fire officials and several building code and fire inspection experts.

Derderian's attorney indicated in today's motion that the defense would have listed more people, but that some of them were already among the 257 potential witnesses subpoenaed by the prosecution last month.

For a full list of the witnesses, click here.

Michael Derderian and his brother, Jeffrey Derderian, the nightclub's other owner, each are charged with 200 counts of involuntary manslaughter, 2 for each of the 100 people who died in the Feb. 20, 2003, fire, at their West Warwick club.

Michael Derderian's trial is slated to begin Sept. 5 with jury selection. Jeffrey Derderian's trial is expected to follow his brother's.

Posted by Steve Peoples at 5:57 PM | Comment

Update: Rt. 95 south open after truck fire

HOPKINTON – All lanes are cleared and open after the State Police temporarily closed Interstate 95 south at Exit 2 because of a tractor trailer fire.

Traffic had been diverted to Route 3, according to an alert issued by the state Department of Transportation.

No other details were immediately available.

Posted by Steve Peoples at 2:33 PM | Comment

Cumberland motorcyclist improving after crash

A 21-year-old Cumberland man is in fair condition at Rhode Island Hospital this afternoon, a day after his motorcycle collided with a car on Mendon Road.

Joseph P. Borges, of 150 Staples Road, was riding south yesterday afternoon on a 1988 Suzuki motorcycle when he collided with a 2002 Chrysler sedan driven by Eugene Turgeon, of 65 Heroux Blvd., Cumberland.

The police say Turgeon, driving in the northbound lane, was making a left turn into a Shell gas station at 3492 Mendon Rd.

Borges, who was not wearing a helmet, was taken to Rhode Island Hospital and was listed in critical condition late last night, according to Lt. James Coyne.

Turgeon and his passenger, Estelle D. Turgeon, were not injured.

-- Journal staff writer Philip Marcelo

Posted by Steve Peoples at 1:43 PM | Comment

Poll finds Carcieri, Fogarty still deadlocked

The race for Rhode Island's next governor continues to be a tossup, according to an independent poll released today showing that voter sentiment about the state's high-profile races has not changed substantially in the past month, despite a barrage of media advertisements from each campaign.

Governor Carcieri and his Democratic opponent, Lt. Gov. Charles J. Fogarty, each received support from 43 percent of 500 likely voters polled Aug. 3 by Rasmussen Reports.

Carcieri trailed Fogarty 43 to 42 percent in last month's Rasmussen survey.

Today's poll also showed that U.S. Sen. Lincoln Chafee, for the second consecutive month, trails Democratic challenger Sheldon Whitehouse, this time by 6 points: 38 percent support the Republican incumbent, 44 percent picked Whitehouse, and 11 percent said they weren't sure.

The poll's margin of error is 4.5 percent.

Whitehouse continues to enjoy a double-digit lead over Cranston Mayor Stephen P. Laffey, 55 percent to 31 percent.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 1:33 PM | Comment

Cranston man pleads guilty to fatally stabbing brother

Michael F. O'Connor, 30, pleaded guilty this morning to fatally stabbing his older brother in September 2004.

He will be sentenced on manslaughter charges on Oct. 17. He faces up to 30 years in prison, but his lawyer, Matthew B. Smith, plans to ask for no prison term, saying O'Connor had been attacked by his brother after the two returned to their mother's Cranston home after a day fishing in Jamestown.

Daniel O'Connor, 37, who lived with Michael O'Connor and other family members at 140 Bluff Ave., was found at their mother's house with a fatal wound to his upper left chest, according to the police.

The brothers had spent much of Saturday together and argued periodically before matters escalated to an early-morning knife fight.

-- Journal staff writer Benjamin N. Gedan

Posted by Steve Peoples at 12:53 PM | Comment

800 potential jurors sought for Station fire trial

Eight hundred Kent County residents will be summoned as potential jurors for the Michael A. Derderian trial in letters mailed tomorrow and Friday.

The potential jurors will be told to report to the new Kent County Court House, Warwick, in groups of 200 on Sept. 5 and 6, at four different times – 8:30 a.m. both mornings and 1:30 p.m. both afternoons, according to John O’Hara, the state’s deputy jury commissioner, who works in Kent, Newport and Washington counties.

More typically, the court sends summons letters to about 80 people and then selects from that pool for two to three trials, O’Hara said.

Derderian is one of two brothers who owned the The Station, a West Warwick nightclub that burned down in February 2003, killing 100 people.

His trial on involuntary manslaughter charges is scheduled to begin with jury selection on Sept. 5. The trial for his brother, Jeffrey A. Derderian, is set to follow.

-- projo.com staff writer Kate Bramson

The summons letters will carry no indication that potential jurors are being called for the Derderian trial, O’Hara said. They will be the court’s standard summons letters, although no summons letters for any other trials are going out today, tomorrow or Friday, O’Hara said.

In order to be called for jury duty, O’Hara said, people must meet at least one of the following qualifications within the last year: be a registered voter, be a licensed driver, have a valid form of identification from the registry of motor vehicles, have filed an income tax return or have collected unemployment compensation. The court is seeking people who have not formed an opinion on the case.

Posted by Kate Bramson at 11:45 AM | Comment

Boston Bruins' president stepping down

Harry Sinden, who coached the Boston Bruins to a Stanley Cup championship in 1970 and then served the franchise as general manager and, later, team president from 1972 to 2006, is stepping down. The Bruins announced this morning that Sinden will now serve as an advisor to owner Jeremy Jacobs, and that his hockey responsibilities will be assumed by new general manager Peter Chiarelli.

More details on projo.com's Bruins Blog.

Posted by Art at 10:17 AM | Comment

City firefighter hospitalized after battling morning fire

PROVIDENCE – One firefighter was taken to Rhode Island Hospital this morning for high-blood pressure after fighting an early morning fire in the machine room of a commercial building at 60 King St.

He’s under evaluation, and his condition is unavailable at this time, according to James Taylor, chief of communications for the Fire Department.

Reported at 3:12 a.m., the fire was under control at 3:53 a.m., Fire Lt. Kevin Gomes said.

According to Providence property records, the building used for manufacturing is owned by Independent Management Llc.

Firefighters quickly extinguished another early morning fire. The 3:44 a.m. fire at 1 Valley St., the Olney Towers apartment complex, was under control by 3:58 a.m., Gomes said.

No evacuations were necessary, and there were no injuries from the fire that started in a dumpster in the trash room, at the base of a trash chute, Gomes said.

Posted by Kate Bramson at 8:55 AM | Comment

Bruschi has broken wrist, will miss preseason games

FOXBOROUGH, Mass. -- New England Patriots linebacker Tedy Bruschi has a broken wrist and will not play in any preseason games, Coach Bill Belichick said early today through a team spokesman.

It was not clear whether Bruschi, 33, will be available for the Patriots' regular-season opener Sept. 10 against the Buffalo Bills.

Bruschi was injured July 31, likely in morning practice, and has missed the team's last 10 workouts.

Read the full AP story.

Posted by Jack Perry at 7:22 AM | Comment

Big Dig ramp reopens after closing for safety concerns

BOSTON -- Boston drivers could look to some traffic improvement today with the reopening of a Big Dig tunnel ramp that had been closed for repairs and inspections after a deadly ceiling collapse in a nearby section of the $14.6 billion highway system.

The reopened ramp funnels drivers south of the city toward Logan International Airport through the eastbound Ted Williams Tunnel. The ramp was closed after tons of concrete panels fell from the ceiling in a nearby connector tunnel July 10, crushing a passing motorist.

Read the full Associated Press story.

Posted by Jack Perry at 7:07 AM | Comment

Off to a pleasant start, day should see high of 81

PROVIDENCE – The air this morning was rather chilly, wasn’t it?

We’ve got a beautiful, sunny day with highs around 81 predicted, but still, wasn’t it nice to feel some cool air early today?

At 6:15 a.m., it was actually just 57 degrees. Tonight, the low should be around 61. Cool enough to turn those air conditioners off at night and sleep with the windows open.

For those of you allergy sufferers, take note that the pollen count is hovering at a medium-high level today and tomorrow.

Stick with us through the day for the latest conditions and forecasts from projo.com.

Posted by Kate Bramson at 7:06 AM | Comment