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September 29, 2006

Station fire photo: Michael Derderian is led away

Journal photo / Bob Briedenbach
Sheriff's deputies lead Michael Derderian away from the courtoom after his sentencing today to four years in prison on charges stemming from The Station fire.

Gallery: View a slideshow of Journal photos from today's proceedings.

Posted by Andrea Panciera at 7:00 PM | Comment

Station fire: Governor criticizes Derderian sentences

Like many family and friends of Station fire victims, Governor Carcieri was not happy about the sentences received today by Michael and Jeffrey Derderian.

"Today's hearing also served as a reminder that justice has not been served by this plea bargain," Carcieri said in a statement released early this evening.

"Nobody who witnessed today's emotional testimony could believe that the punishment fit the crime. I am saddened that the legal process produced this decidedly incomplete result."

He continued:

"I am very disappointed that this deal for the Derderians will undermine our ability to get at the truth of what happened that awful night," Carcieri said. "As a result of this plea arrangement, the victims and families will continue to struggle under the weight of hundreds of unanswered questions.”

A short time earlier, Attorney General Patrick Lynch, who also said he disagreed with the sentences, pledged to release evidence and other material collected for the trials as soon as possible.

Posted by Steve Peoples at 6:55 PM | Comment

Old Stone appealing to U.S. Supreme Court

Old Stone Corp. wants the U.S. Supreme Court to weigh in on its longstanding lawsuit against the federal government. The company's board of directors voted today to petition the court to hear its case, which involves breach-of-contract allegations. The case is marking its 14th anniversary -- Old Stone filed the lawsuit in September 1992. Old Stone Corp. formerly owned Old Stone Bank.

Posted by Neil Downing at 6:09 PM | Comment

Wolf dogs heading from R.I. to N.H.

SOUTH KINGSTOWN -- The two wolf hybrids taken from University of Rhode Island President Robert L. Carothers's property last month are bound for their new home in New Hampshire, according to Dr. Christopher Hannafin, state veterinarian.
Gabe and Cotton were picked up today by the owners of Dancing Brooke Lodge, a wolf-hybrid refuge in Lempster, N.H., Hannafin said. A private vet will spay, neuter and implant the two hybrids, or wolf dogs, with microchips before they are brought to their new quarters, a 75-by 100-foot pen they will share in a wooded area at the compound.
``I think they will be far happier at their new home,'' Hannafin said. They are both reportedly in good health.

-- Journal staff writer Katie Mulvaney

The two wolf dogs had been quarantined at the South Kingstown Pound since shortly after the state Department of Environmental Management ordered them removed from Carothers's Meadow Tree Farm Road property Aug. 11.
Carothers's 19-year-old son, Matthew, had brought three hybrids from a breeder in Alabama. DEM enforcement officers became aware of the animals, when Gabe got loose.
Wolf hybrids are strictly regulated in the state because they are considered wild animals. DEM issues permits to care for wildlife only to rescue facilities, zoos and research centers.
The hybrids were taken to Washington County Veterinary Hospital, where one was euthanized because of heart worm disease. They were transferred to the pound after Matthew made a rescue attempt.
Gabe, 6, and Cotton, 1, will join 44 other hybrids at the 48-acre sanctuary, including six wolf-dog pups taken last year from a home in Coventry. In the past week, seven of the hybrids escaped from an enclosure. Trappers were hired to help capture the animals; four remain loose in the immediate vicinity, said William Russell, a Massachusetts state trooper who co-owns the lodge.
Earlier this month, a judge found Russell's partner guilty of having nuisance dogs after neighbors complained about howling. Russell said he planned to file an appeal and is working with the police chief to resolve the problems.

Posted by Jack Perry at 5:31 PM | Comment

U.S. Senate extends life of Blackstone River program

A bill to extend the budgetary life of the Blackstone River Valley National Heritage Corridor for five more years was approved by the U.S. Senate today and will now go to the president for his signature.

Had the legislation not passed, the 24-town, two-state corridor program would have ended this year, 20 years after its creation. The corridor’s reauthorization is part of a larger package of programs for the U.S. Department of the Interior. The House had passed its version of the reauthorization in July.

U.S. Sen. Lincoln Chafee, whose father helped pass the legislation that created the corridor, had made its reauthorization a personal mission.

“For nearly 20 years, the Blackstone Valley Corridor Commission has worked with the National Park Service to clean up, revitalize and preserve this historic land and river,’’ Chafee said. “Today marks another historic day for the Blackstone Heritage Corridor, as it will continue to be a thriving source of tourism and historical education.’’

He said the reauthorization would also mean greater federal support for the completion of the Blackstone Bikeway, as well as cleanup efforts along the Blackstone River and protection of its watershed.

-- Journal staff writer John Hill

Posted by Kate Bramson at 5:25 PM | Comment

Grand Jury clears officer who killed shoplifting suspect

NORTH SMITHFIELD _ A Providence County Grand Jury returned no indictment today in the case of a town police officer who shot and killed a shoplifting suspect in supermarket parking lot in July.

The shooting occurred on July 2, when patrolman Russell B. Amato shot and killed James Wilcox, 34, of 22 Beecher St., Pawtucket after the police said Wilcox tried to run him down with his van.

Another man and Wilcox’ five-year-old daughter, who were also in the van, were not hurt. As is common procedure when a local police office kills a suspect, the case was turned over to the state police and presented to a grand jury.

Beryl Kenyon, spokeswoman for Atty. Gen. Patrick Lynch, said the grand jury reported no indictment, which mean the grand juror reviewed the evidence and found no violation of state law.

Posted by Peter Phipps at 4:46 PM | Comment

Station Fire: Full text of attorney general's statement

Attorney General Patrick Lynch just released the following statement concerning today's pleas:

Over the course of the last week, I have reached out and spoken with the families and loved ones of more than 80 of the 100 victims who perished in The Station fire on the night of February 20, 2003. I have also spoken with many of the people who suffered grievous injuries from the fire, because they also are -- unquestionably -- victims, and because today is also a wrenching day for them.

In every call I have made -- to every mother and father, sister and brother, daughter and son -- I have said the same thing: "My heart goes out to you. I cannot imagine the pain you are experiencing."

My prosecutor, Assistant Attorney General William Ferland, argued the basis for my objection in Court. In my own mind, I never reached a conclusion about the sentences I could agree to. I did, however, know there were two parameters: that any agreement include more jail time for Michael Derderian than Daniel Biechele is currently serving, and that Jeffrey Derderian be sent to jail. Absent these base-line terms, I fully intended to prosecute these two criminal cases at trial.

As my office moves forward from today, and as material and evidence gathered for these cases will begin to be released, we will continue speaking with loved ones and families of the victims. The actual logistics and mechanics of releasing information of such a massive volume -- and doing so as fairly and sensitively as possible for all of the parties involved -- will be a daunting task. Because of this, and because we understand that this will be a very emotional and painful process for the loved ones of victims, we ask for the public's and the media's understanding and patience as we undertake it.

Please know, however, that I will do everything in my power to release the investigative materials from The Station fire cases as quickly as possible.

A day like today reminds us all of the fragility of life -- and of the inadequacy of words. The legal process has closed, but no outcome -- and no amount of time -- will ever close the wounds of all those who suffer.

Today belongs most to those who have suffered the most. Although our words cannot even begin to address the depth of their grief, we will never forget the words they spoke in Court today. We will always remember their courage and strength, both to honor the memory of those lost and to remind us to do everything within our power to prevent future tragedies.

Posted by Mike McDermott at 4:39 PM | Comment

Station Fire: Media frenzy outside courthouse

There was a media frenzy outside the courthouse shortly after the Derderians' final sentences were announced.

A large group of friends and family of the fire victims huddled near the courthouse front doors, as a horde of television cameras and photographers waited along the parking garage about 100 yards away.

After a few minutes passed, the victims started wandering toward the parking garage, only to be confronted by the cameras. Some stopped and talked to probing reporters. Other walked more quickly, escaping into the garage.

Posted by Mike McDermott at 4:26 PM | Comment

Alert: Station Fire: Darigan imposes sentences

As expected, Judge Francis J. Darigan Jr. imposed the sentences he had outlined before accepting no contest pleas from Station owners Michael and Jeffrey Derderian.

He sentenced Michael Derderian to 15 years at the Adult Correctional Institutions, with 4 years to be served in minimum security, the remaining 11 years suspended. In addition, he will be ordered into a work-release program and serve 3 years probation after completing his sentence.

Jeffrey Derderian was given a 10-year suspended sentence, with 500 hours of "appropriate" community service and 3 years of probation.

"Sheriff, you may take custody of the defendant," Darigan said, immediately after imposing both sentences.

Michael Derderian was taken into custody.

After the judge's decision, the hallways were quiet. There were no outbursts, no screaming similar to those at the sentencing of Daniel Biechele.

Darigan imposed the sentences after spending about 30 minutes explaining why he decided to accept the plea from the Derderian brothers and how he arrived at an appropriate sentence.

"This court has always been acutely aware that no resolution -- either by trial or plea agreement -- would ever satisfy anyone or everyone."

Posted by Jack Perry at 4:11 PM | Comment

Station Fire: Darigan explaining the law, his decision

Judge Francis J. Darigan Jr. is now explaining why he decided to accept the plea from the Derderian brothers and how he arrived at an appropriate sentence.

He is going into considerable detail about the law.

Darigan said both the prosecution and defense wanted to settle the case before trial, but could not come to an agreement on a recommended sentence.

He said he ultimately concluded that the cases should be resolved before trial, as most criminal cases are. Among his considerations were the difficulty of seating an impartial jury, the length of the trials and the difficult nature of much of the evidence.

Darigan said he takes responsibility for accepting the plea and imposing the sentence.

Posted by Jack Perry at 3:57 PM | Comment

Station Fire: Michael Derderian composed during his statement

“I just want to say how deeply sorry I am for the role I played in that tragedy,” a composed Michael Derderian told the court just moments ago.

With so many families hurting, Derderian said he is sorry “for not asking more questions” about the deadly foam the brothers hung on the walls of their business, The Station nightclub.

Derderian said he sometimes looks back and wishes they never hung the foam on the walls or bought the business.

If he knew then what he knows now, “we would have done things differently,” he said.

Minutes before he addressed the court, Michael had sat in the courtroom with his head buried in his arms on the table in front of him, listening to his brother, Jeffrey Derderian, say he sometimes wishes he didn’t make it out of the fire.

As he addressed the court, Michael maintained his composure throughout.

"There is so much pain and heartache that happened on our doorstep," he said. "We know that everyone there just wanted to have fun. ... Like my brother said, we never intended for this to happen."

Michael Derderian reiterated that he was not in the nightclub the night of the fire.

"I cannot even begin to imagine the horror," he said.

He said he realizes that nothing he says or does can bring back the loved ones of those who still grieve. "I am always mindful of the 75 children who lost the love and companionship of one or both parents," he said.

"Our promise is to do all we can to make sure a tragedy like this never happens again," he said.

As his brother mentioned, he also said they would do all they can to ensure that all the information about what happened leading up to the fire comes out.

"We know that that is the least of what you're owed," he said.

Posted by Kate Bramson at 3:40 PM | Comment

Station Fire: "I wanted them to say they were guilty"

Linda Fischer wanted to hear more.

Although each Derderian brother repeatedly said he was sorry while addressing the court, neither entered a guilty plea. Fischer, 37, of Cranston, underwent 12 surgeries and spent three weeks in a coma after being burned in the Station fire.

She acknowledged that the Derderians -- Jeffrey especially -- sounded sincere, but she wasn't satisfied.

"If they truly felt they had done something wrong, they would have pleaded guilty," she said moments after the Derderians spoke. "I wanted them to be more like Dan Biechele."

- Steve Peoples

Posted by Mike McDermott at 3:34 PM | Comment

Station Fire: Jeffrey Derderian: 'Saying I'm sorry not enough'

Journal photo / Bob Breidenbach
Michael Derderian cries as his brother, Jeffrey, makes his statement to the court.

Jeffrey Derderian, seated in the witness box and reading from a prepared statement, repeatedly apologized for The Station fire, while emphasizing:

"I certainly know saying I'm sorry is not enough."

Derderian, a co-owner, was among those at the club on the night of the fire.

As he talked about that night, his voice began to break down, and he said, "There are many days when I wish I didn't make it out of that building."

And, he added, "I know many of you wish I hadn't, too."

He said he wishes he had known how dangerous the foam was that the brothers put on the walls of the club as soundproofing. And he acknowledged that without a trial, many questions remain.

"I promise to make myself available," he said, to answer those questions.

There's a long list of mistakes that led to the tragedy -- "including our own," he said. "I'm not here to blame others. I understand your anger."

"I wish I could give you back what you lost, but I know I can't," he said.

He spoke of those lost in the fire -- husbands, wives, sons, daughters, brothers, sisters, mothers and fathers.

"That torment will be with me every day of my life," he said. "It's with me when I go to bed at night. It's with me when I get up in the morning."

Derderian said the legal process has prevented him from speaking out sooner.

"We've wanted to say so much for so long," he said.

Derderian said that he, like others, tried to do so much the night of the fire.

"I was scared," he admitted. "And I wish I did a better job."

He pledged that his community service -- expected to be 500 hours imposed by the judge this afternoon -- will be meaningful. He spoke of teaching others about fire safety and volunteering in a burn unit to see how fire victims struggle and to see what they cannot do.

Even once his court-imposed community service is over, Jeffrey Derderian said he will still do more to educate people.

In closing, he said, "I would never ask for your forgiveness. That would simply be insulting. Please know how sorry I am."

Posted by Kate Bramson at 3:15 PM | Comment

Station Fire: Prosecutor asking for prison time

Prosecutor William Ferland, representing the state Attorney General's Office, is now asking the judge that both Derderians receive prison time in exchange for their no-contest pleas.

Under the previously reached agreement, only Michael Derderian is to be sentenced to prison, for four years to serve, while brother Jeffrey Derderian would receive no time behind bars.

"There is no magic number as to what the appropriate sentence would be in this case," Ferland said -- and he did not give one.

Posted by Andrea Panciera at 3:03 PM | Comment

Station Fire: Lynch among court spectators / Photo

Journal photo / Bob Breidenbach
Attorney General Patrick C. Lynch, who has stated his opposition to the deal that led to today's no contest pleas, attends the hearing in Warwick.

Posted by Mike McDermott at 2:58 PM | Comment

Station Fire: It's done: Derderians change pleas

As they stood before the judge and through their respective lawyers, brothers Jeffrey and Michael Derderian changed their pleas to manslaughter charges stemming from The Station fire from not guilty to no contest.

Both told Judge Francis J. Darigan Jr. that they understand such pleas are the equivalent of pleas of guilty in the state of Rhode Island.

Both said they were willing to give up their rights as defendants and their right to a trial.

The change had been expected as a part of a plea agreement, which Darigan is now detailing.

Posted by Kate Bramson at 2:57 PM | Comment

Station Fire: Change of pleas begins

Court is back in session.

Michael and Jeffrey Derderian are expected to change their pleas from not guilty to no contest.

They are pleading to 100 counts of involuntary manslaughter, one count for each person who died in The Station nightclub fire.

Watch it live.

Posted by Kate Bramson at 2:46 PM | Comment

Victim statements conclude; 15-minute recess

The court is in recess for 15 minutes.

Judge Darigan said the victim-impact statements portion of the sentencing hearing has concluded.

(posted at 2:23 p.m.)

Posted by maria caporizzo at 2:45 PM | Comment

Station Fire: 'On our way to a lifetime of great years'

The Station fire has been called an accident, but kindergartners learn that "most accidents can be prevented, and that there are consequences," said Angel O. Amitrano, who lost her father, Thomas Barnett, in the fire.

Amitrano didn't meet her father until she was 9.

"My father was 17 when I was born. I was 21 when he died."

They had grown especially close in the final four years of his life. He gave her the emotional and financial support to get through college, but he couldn't go to her graduation. He died at 38.

"We were on our way to a lifetime of great years together," she said.

Within two weeks of Barnett's death, Amitrano's grandfather, "who was healthy as an ox," she said, suffered a stroke and died.

Now she's heartbroken to know that her father won't be able to walk her down the wedding aisle, that her future children won't be able to know their grandfather or great-grandfather, though they might look just like them.

"I pick up the phone still to call my father, and I have to hang up the phone and cry."

Posted by Jack Perry at 2:29 PM | Comment

Station Fire: 'It is so devastating to sit by your daughter's bedside and watch her slowly slipping away'

Ann Gruttadauria, mother of Pamela Gruttadauria, who survived 21/2 months before succumbing to her injuries from the Station nightclub fire, wasn't supposed to talk about the sentencing of club owners Jeffrey and Michael Derderian.

But she ended her comments, after describing her daughter's hospital stay, suggesting to Judge Darigan that he require Jeffrey Deredian's community service to be served out helping burn victims.

"That would mean a lot to me," she said.

Watching Pam at Massachusetts General Hospital, in Boston, was, "an emotional roller coaster ride," she said. "It is so devastating to sit by your daughter's bedside and watch her slowly slipping away."

"To lose a child is a grief beyond anyone's imagination. We are so grateful we had a chance to say goodbye to her."

Posted by Pam Cotter at 2:28 PM | Comment

Station Fire: The 'most dependable' of all the brothers

Jody King wouldn't wish the pain he's felt since losing his brother Tracy King on his worst enemy.

Jody recalled how, when he was younger, his big brother Tracy could be "a pain," as many big brothers can be.

But as an adult, Tracy turned into the most dependable of all the King brothers.

He was the kind of guy you could call in the middle of the night if your car broke down on the George Washington Bridge.

Jody's hope is that Rhode Island, the United States and, indeed, the entire world learns lessons from the Station fire so nobody else has to suffer the same pain.

Posted by Mike McDermott at 2:21 PM | Comment

Station Fire: 'We tried to get out'

Gina Russo, fiancee of Alfred "Freddy" Crisostomi, made it out of The Station that night, with the help of the man she left behind.

"Freddy was an amazing man," she said.

"I want the court to know what Freddy did to save my life, and we tried to get out, but a bouncer stopped us at door. My entire world would be different had he not decided to play the big bouncer role and listen to his employer. That night has changed my world completely."

Russo said her children have suffered deeply and greatly from the fire's effects, and keep asking, "Why did we go to that stupid club?"

To Judge Darigan, Russo said, "You have done us a great disservice by not allowing us a trial. This is my life sentence."

Russo, who has undergone more than 40 surgeries for injuries she sustained in the fire, said, "I have to look at myself every single day. I cry for the life that should have been that I'll never get."

Posted by Mike McDermott at 2:07 PM | Comment

Station Fire: 'My heart is broken beyond repair'

Annmarie Swidwa will keep funding a scholarship in her daughter Bridget Sanetti's name.

"We will do what we can to make this world a better place because that's what Bridget did," she said.

"My heart is broken beyond repair."

"We didn't do anything wrong, but we never got a trial, and we all received a life sentence."

Posted by Mike McDermott at 2:04 PM | Comment

Station Fire: 'Little boys need their daddies'

The mother of Great White guitarist Ty Longley's 3-year-old son also took the stand.

She identifies herself as Heidi Longley. She and Ty Longley were expecting a child when the musician died in The Station fire.

"I had to defend Ty so many times as a band member, when he was also a victim," she said.

What should have been a happy pregnancy for Heidi Longley became a mournful time where she tried to keep her unborn baby from hearing her crying and wished that they would both die so they could be united with Ty.

"It felt as if someone reached into my chest and tore out my heart when I got that knock at the door," she said.

She named her son after Ty.

They call the boy's father "Daddy Angel." The boy thinks he "had to take a special tour bus to heaven with his angel friends from Rhode Island. He thinks his father didn't want to go to heaven but had to because God needed him."

"Little boys need their daddies, not Daddy Angels," she said.

"It doesn't matter how many people are punished," she said. "Our loved ones are not coming back."

Posted by Mike McDermott at 2:01 PM | Comment

Station Fire: 'They wouldn't leave each other'

Susan Rezendes, sister-in-law and sister of Benjamin J. and Linda D. Suffoletto, said she knew both her sister and brother-in-law were dead in the fire, because, "they woldn't leave each other."

Rezendes spoke of the difficulty of burying her sister. "When I'd seen my sister's face at the funeral home she had no skin. And I think of only how she must've been so afraid... She was my baby siser, and I wonder, who trampled over my sister."

Posted by Mike McDermott at 1:59 PM | Comment

Station Fire: Photo / Frustration hard to contain

Journal photo / Bob Breidenbach
Patricia Belanger, mother of fire victim Dina A. DeMaio, is restrained by her daughters Jessica Garvey, left, and Kristen Garvey at today's plea hearing. Belanger was attempting to voice her frustration with the Derderians' sentence, shortly after Jessica Garvey read her victim-impact statement.

Posted by Mike McDermott at 1:20 PM | Comment

Station Fire: 'Where's our plea bargain?'

Diane Mattera talked so long about her daughter, Tammy Mattera-Housa, during the sentencing of Great White manager Daniel Biechele that, she said, Judge Darigan had to cut her off.

This time, she needed to talk about justice.

"I don't need to tell you how distraught and disgusted I was when I learned you decided the man who literally lit the fuse that night would serve no more than four years in the ACI. I was inconsolable," Mattera said.

"The only thought that kept me going was the promise that when September came, things would be different. When September came, there would be a trial, and there would be no way the brothers would get away with their crimes."

She said their proposed sentences are merely "slaps on their wrists." That Jeffrey Derderian's sentence of 500 hours of community services is "actually insulting."

"What about the sentence on all of us? Where's our deal? Where's our plea bargain?

Posted by Mike McDermott at 12:25 PM | Comment

Station fire: Recess until 1:30

The court is in lunch recess until 1:30.

Posted by Pam Cotter at 12:22 PM | Comment

Station Fire: 'The whole family is hurting'

Heidi Ferrara, the sister-in-law of Carlos Pimentel Sr., talked about the tragedy's impact on her family, especially his four children.

"Savannah will never have her father walk her down the aisle at her wedding," she said. "Carlos Jr. had the life sucked right out of him. He was a carbon copy of his father in every way."

"Cheyenne was 10 when her father died. She couldn't cry, Cheyenne has anger in her ... she was so confused by the whole thing."

"My sister and I talked about this a lot ... we don't want to feel anger, " she added. "But that doesn't mean the whole family isn't hurting."

Posted by Mike McDermott at 12:21 PM | Comment

Station Fire: Lives diminished

Mark Adam Fontaine, 22, died before he could achieve the goals he set for himself, but not before he could make a mark on the world, said his mother, Rosanna Fontaine.

"Nothing can diminish the horror of that night. Until the day I die, I will continue to live it," she said.

She talked for several minutes about the impact her son's death has had on her and her family. Her daughter, Melanie, was injured in the fire. Melanie Fontaine lost her fiance, John Longiaru.

As she concluded, Mrs. Fontaine told Judge Darigan what she thought of the plea agreement.

"I feel strongly the value of their lives (all of the fire victims) will be diminished when the court imposes the lenient sentence it has recommended."

Posted by Mike McDermott at 12:19 PM | Comment

Station Fire: 'That's what I see every night'

Suzanne Fox, mother of Jeffrey W. Martin, said she made a 600-mile trip from Carson City, Nevada, "to try to explain to this court how overwhelmed I am by the death of my son."

Although she is a writer, she said, "I have no words. Even as I read these lines, I am so blurred with tears I can barely see the words on this page."

Fox spent most of her time on the stand drawing a verbal picture of what she thought the last moments of her son's life were like during the Station fire.

Detailing the emotions and physical pain he may have gone through, she said, "That's what I see -- every night. Every night of my life. My son, whose bright wit and intelligence ... enriched the lives of those around him ... knows his life is over."

Posted by Mike McDermott at 12:10 PM | Comment

Station Fire: 'Trial would have been too hard on judge, AG'

Sus Longiaru, the mother of John Longiaru, wanted a trial to learn the truth about her son's death.

She called her 23-year-old son her "best friend."

"We had great talks," she said. "Now it's so quiet."

After talking about her son for several minutes, Longiaru said she refused to give up her right to talk about the plea agreement, though she believes it would fall "on deaf ears."

Judge Darigan has admonished several speakers to limit their comments to memories of their loved one and the impact of their death.

"We have been given a life sentence with no opportunity for parole. We all deserve a trial to find out why our loved ones died. A trial would not have been too hard for us... I think it would have been too hard for you, judge, and for Mr. Lynch," Longiaru said.

Posted by Mike McDermott at 11:39 AM | Comment

Station Fire: All quiet outside courthouse

Although fire survivors and relatives of victims have expressed widespread opposition to the plea agreement, by late morning, all was quiet outside Kent County Courthouse.

All the action was inside.

Posted by maria caporizzo at 11:36 AM | Comment

Station Fire: 'This was no accident'

Eileen DiBonaventura, mother of Albert Anthony DiBonaventura, admitted she was having difficultly with the court's impact-statement rules.

"These guidelines leave little room to make true impact statements," she said.

"I'm not a public speaker, I'm merely Mom," she said. "Al was just shy of 6 feet and towered over the two of us. Would be 22 years young this Nov. 26 had his life not been put in jeopardy."

"We always had heart-to-heart conversations. We were a very close-knit family. The hardest thing we have ever had to do, Judge Darigan, is to bury our son. I an unable to put into words how much we miss our son."

I have said this before ... we are sentenced to life without parole."

Later she added, "We seek no revenge. We seek merely justice, accountability and hoped-for serious consenquece. We understand this was not an intended mass murder, but when defendants play Russian roullette on a continuous basis this was no accident."

Posted by Mike McDermott at 11:35 AM | Comment

Station Fire photo: Derderians listen to victims' kin

Journal photo / Bob Breidenbach
Station nightclub co-owners Michael, left center, and Jeffrey Derderian, flanked by their lawyers Richard Egbert, left, and Kathleen Hagerty, listen to victim impact statements during their plea hearing at Kent County Courthouse. The two are expected to submit pleas of no contest, and then be sentenced, after the statements are done. The sentences, already determined as part of a plea agreement, will not be changed by the statements, Judge Francis J. Darigan Jr. said this morning.

Posted by Andrea Panciera at 11:32 AM | Comment

Station Fire: 'We suffer every day'

Jessica Garvey remembers waiting for a week in a hotel to determine if her sister Dina A. DeMaio, somebody who had "more friends than I could ever list," survived the Station fire.

"We all suffer with the pain of Dina's loss every day," she said. "Our pain only began on Feb. 20, 2003."

She remembered feeling guilty when there was some question whether a "Jane Doe" survivor in the hospital was Dina. She hoped it wasn't. She knew her sister wouldn't want to survive with such severe wounds.

It wasn't Dina.

Dina was so badly burned the family had a closed casket at her wake.

"I never really got to say goodbye to her, only to a box," Garvey said.

Posted by Mike McDermott at 11:26 AM | Comment

Station Fire: A 'dream cut short'

Laura Gerfin got to know her father, Melvin Gerfin, later in life.

"Getting to know my dad, his wife and my sisters, this is what I always wanted," she said. "That dream was cut short."

"My father was a wonderful man. He was so funny."

"When I'm alone, I think about how much I miss him."

Posted by Jack Perry at 11:21 AM | Comment

Station Fire: Frustration, tears in overflow courtroom / Photo

Journal photo / Bob Breidenbach
Jay McLaughlin gives his victim impact statement in the Station fire case today. Back in the overflow courtroom, some cheered as McLaughlin said that justice was not served.

WARWICK -- As relatives of Station fire victims gave their statements this morning, observers packed the overflow courtroom at the Kent County Courthouse to watch the proceedings on a video screen.

At times, they sniffled and cried. Sheriffs passed out tissues. And, unlike the main courtroom, where Judge Francis J. Darigan is keeping a tight rein on comments from the floor, they freely vented their feelings.

Some cheered as Jay McLaughlin talked about justice not being served.

Others expressed digust with the judge for his already-announced decisions on the sentences for the Derderian brothers.

And many were frustrated just with the effort to hear the proceedings on the video screen, as the audio feed stumbled or came in too low.

As the court took a 20-minute break shortly before 10 a.m., and people took to the hallways, tears fell and hugs were given.

-- With reports from projo.com staff writer Kate Bramson

Posted by Andrea Panciera at 10:57 AM | Comment

Station Fire: Court recess

The court has taken a 20-minute recess.

Posted by Pam Cotter at 10:50 AM | Comment

Station Fire: 'A smile that could light up a room.'

Richard Lapierre says his son Keith Lapierre "had a smile that could light up a room."

He was "a person that could make you laugh when he opened up his mouth."

Keith Lapierre, 29, gave up a lucrative career in finance to teach inner city kids, according to his father.

He had a son of his own who will never get to see his father's big smile and hear him roar, "Where's my tiger," when he comes home. The boy doesn't understand where his father went.

His daughter was born 4 days after his funeral.

Lapierre said it would be hypocritical of him to wish for the Derderians to "burn in hell" because he tried to instill forgiveness and understanding in all of his children.

But, he said, everyone will someday face an ultimate judgment.

Posted by Jack Perry at 10:47 AM | Comment

Station Fire: 'It is impossible to share with you (our) loss'

David Griffith, the brother of Scott Griffith, took the stand after arriving from California, and thanked "The state of Rhode Island for this opportunity."

"It is nearly impossible to share with you the loss" of the family's loved one, he said, "Especially when the parties responsible are here in courtroom. "

Scott, 41, had only lived in Rhode Island for six months with his 13-year-old daughter Casey, before his death, his brother said..

"Casey has lost the most important person in her life. They both had a tremendous amount of love for each other," Griffith said.

"I feel more for the victims who have to live thier lives scarred and helpless. The actions of the few have ruined so many lives."
.

Posted by Mike McDermott at 10:37 AM | Comment

Station Fire: 'It tears at my heart'

Terry Romanoff, the father of Tracey Romanoff-Fredrickson and father-in-law of Daniel Fredrickson, says he prays nightly for closure and justice.

His daughter was the mother of "two beautiful children."

"It tears at my heart when I look in their faces only to see the strong resemblances to Tracey."

"It is a reality we must face every day," he said. "They say time heals all wounds. This is not true under the tragic circumstances of my daughter's death."

Posted by Jack Perry at 10:35 AM | Comment

Boston judge clears marriage of two Providence women

BOSTON _ A Superior Court judge ruled a gay couple from Rhode Island has the right to marry in Massachusetts, saying that Rhode Island laws do not expressly prohibit same-sex marriage.

Wendy Becker and Mary Norton of Providence, argued that a 1913 law that forbids out-of-state residents from marrying in Massachusetts if their marriage would not be permitted in their home state did not apply to them because Rhode Island does not specifically ban gay marriage.

Superior Court Judge Thomas Connolly agreed.

``No evidence was introduced before this court of a constitutional amendment, statute, or controlling appellate decision from Rhode Island that explicitly deems void or otherwise expressly forbids same-sex marriage,'' he ruled.

The state attorney general's office argued that Rhode Island statutes use gender-specific terms, including both ``bride'' and ``groom,'' and it was clear the intention was to define marriage as a union between a man and a woman.

--- The Associated Press

Posted by Peter Phipps at 10:35 AM | Comment

Station Fire: A brief recess, and an admonishment

WARWICK -- Judge Francis J. Darigan Jr. abrubtly called a recess at about 10:15 a.m. as a family representative began talking about feelings of hatred.

When Darigan reconvened the hearing after a few minutes, and the person returned to the stand, people in the courtroom began to clap in response to his statements.

Darigan then chastised them for the outburst and asked those in the courtroom to refrain from commenting in any way. "This is not a public forum," he said.

Posted by Andrea Panciera at 10:28 AM | Comment

Station Fire: 'I believe their deaths will not be in vain'

Elizabeth Cravaselli, mother of Derek Gray, said "the four days my family suffered was agony waiting for word that Derek was gone."

"One hundred families have lost loved ones," she noted, adding: "I believe thier deaths will not be in vain," because safety regulations and fire regulations have been instituted across the state.

"Others may live for what they have to go through. If these changes were around and they were still here, I believe they would have lived. May they rest in peace."

Posted by Mike McDermott at 10:27 AM | Comment

Station Fire: Photo, outside the courthouse

Journal photo / John Freidah
Media trucks line up outside the Kent County Superior Court in the morning before the Station fire plea hearing.

Posted by Mike McDermott at 10:22 AM | Comment

Station Fire: 'Victimized ... over and over again'

Jay McLaughlin, related to Sandy and Michael Hoogasian, said he felt a sense of "pain caused by disrespect, apathy, betrayal, all of which have victimized us over and over again."

McLaughlin, who is married to Michael Hoogasian's sister Paula,
then criticized the sentence and Judge Francis Darigan called a recess.
Darigan has told fire victims family members and friends to restrict their comments to memories of their loved ones and the effect their death has had on them.

Darigan told the people in the courtroom that he understands their frustration, but that the hearing isn't an opportunity for a diatribe against the proceeding.

He later allowed McLaughlin to return and continue.

Again, members of the audience applaued when McLaughlin finished. Darigan asked them to refrain.

Posted by Mike McDermott at 10:15 AM | Comment

Station Fire: 'You have all succeeded in ripping my heart out'

Bonnie Hoisington, representing family of Abbie Hosington talked about how escatic she and her husband were when Abbie was born.

"She always did the right thing. Our family has been devastated by this loss. You have all suceeded in ripping my heart out."

She also quoted a mother of one of Abbie's friends, who said "We remember ... Abbie (as some who) did the right things, the moral things," to which Bonnie added, " I wish others could say the same."

Hoisington also thanked Judge Darigan for not putting us through the trauma of a trial . We followed the rules and we were betrayed by the sytem."

Posted by Mike McDermott at 10:05 AM | Comment

Station Fire: 'Someone didn't care enough'

Claire Bruyere, the mother of Bonnie Hamelin, is obviously angered by the plea agreement that kept the case from going to trial.

Judge Darigan had to cut her off when her comments became critical.

"She was let down by the system, the state and even by me," the mother said.

She's upset the case didn't go to trial.

"My belief system is gone. I feel betrayed, lost and mostly heartbroken," she said.

People in the courtoom clapped when she finished.

Posted by Mike McDermott at 10:03 AM | Comment

Station Fire: 'I never got to see her one last time'

Sarah Ballard, the 22-year-old daughter of fire victims Sarah Telgarsky and Craig Ballard, said "I didn't know my parents had been in the fire until a friend of theirs had came to the house and told me."

Her mother died. "They couldn't even find the body.. I indentified her with only dental records." Her father was in the hosptial for 4 months in a medically-induced coma.

"The last time I got to see my mother was in the video of the fire, she was up at the stage in a red sweater having a really good time. I did talk to her before the fire ... but I never got to see her one last time."

"I would give anything to have her back. what I have learned for all of this is life is really too short and never to take anything for granted."

Defense attorney Kathleen Hagerty began crying during Ballard's testimony.

Posted by Mike McDermott at 10:01 AM | Comment

Station Fire: Watch courtroom video

Projo.com is carrying The Station sentencing hearing live with via streaming video.

To watch, click on this link.

Posted by Jack Perry at 9:56 AM | Comment

Station Fire: Darigan won't change sentences

In opening remarks this morning, Judge Francis Darigan said he does not plan to change his mind on sentencing.

He said understands some family members and victims are unhappy with the sentencing agreement, which calls for Michael Derderian to get four years in prison and Jeffrey Derderian to avoid prison.

He said his biggest regret is "this criminal justice system cannot give you the relief you seek."

Posted by Jack Perry at 9:49 AM | Comment

Station Fire: 'I stand here a broken man'

Robert Johnson Sr., father of fire victim Derek Johnson was
vsibly shaken.

"Derek's death has not only impacted on my life, which for all purposes has ceased to exist, but also my and Derek's family and friends," he said. "We have all suffered a loss so overwhelming it is inconsolable."

"I stand here a broken man, lost in a world without my precious son, Derek," he continued.

The elder Johnson also asked, with all due respect to the court, that his son's name, Derek Brian Johnson, be removed from the criminal complaint.

"Now, they only got 99," he added before leaving the stand.

Posted by Mike McDermott at 9:37 AM | Comment

Station Fire: The dead are honored / Audio

The Derderians' sentencing proceedings at Kent County Courthouse opened today with turned-down lights as Judge Francis J. Darigan Jr.'s clerk, Marie Collins, read the names of the 100 people killed in The Station fire as their photos were displayed on a screen.

Hear an audio roll call / Read Journal profiles of the victims.

Posted by Pam Cotter at 9:35 AM | Comment

Station Fire: List of speakers

Judiciary spokesman Craig Berke just handed out the schedule of speakers for today. Here it is:

9:30: Opening remarks; speaking of names
9:45: Robert Johnson Sr., father of Derek Johnson
9:54: Paul Roe, father of Lori Durante
10:03: Laura Gerfin, daughter of Melvin Gerfin
10:12: Sarah Ballard, daughter of Sarah Telgarsky
10:21: Claire Bruyere, mother of Bonnie Hamelin
10:30: Bonnie Hoisington, mother of Abbie Hoisington
10:39: Jay McLaughlin, brother-in-law of Sandy and Michael Hoogasian
10:48: 20-minute break, followed by 5-minute remarks
11:13: Elizabeth Cravaselli, aunt of Derek Gray
11:22: David Griffith, brother of Scott Griffith
11:31: Terry Romanoff, father of Tracey Romanoff-Fredrickson and Daniel Fredrickson
11:40: Richard Lapierre, father of Keith Lapierre
11:49: Robert Feeney, fiance of Donna Mitchell
11:58: Eileen DiBonaventura, mother of Albert Anthony DiBonaventura
12:07: Sus Longiaru, mother of John Longiaru
12:16: Remarks, followed by 1-hour lunch break
1:15: 10-minute remarks
1:24: Susan Howorth-Pritchard, sister of Carlton Howorth III
1:33: Jessica Garvey, sister of Dina A. DeMaio
1:42: Suzanne Fox, mother of Jeffrey W. Martin
1:51: Rosanna Fontaine, mother of Mark Adam Fontaine
2:00: Heidi Ferrara, sister-in-law of Carlos Pimental Sr.
2:09: Heidi Longley, mother of Ty Longley's son
2:18: Diane Mattera, mother of Tammy Mattera-Housa
2:27: 20-minute break, followed by 5-minute remarks
2:52: Linda Dalton, sister of Judith Manzo
3:01: Gina Russo, fiancee of Alfred Crisostomi
3:10: Sarah Mancini, mother of Keith Mancini
3:19: Annmarie Swidwa, mother of Bridget Sanetti
3:28: Susan Rezendes, sister-in-law and sister of Benjamin J. and Linda D. Suffoletto
3:37: Jody King, brother of Tracy King
3:46: Ann Gruttadauria, mother of Pamela Gruttadauria
3:55: Carla Alves (undecided), sister of Louis Alves
4:04: 5-minute remarks, followed by 20-minute break
4:29: Plea procedure; approximately 1 hour, 30 minutes
5:59: End

Posted by Mike McDermott at 8:57 AM | Comment

Tax amnesty deadline is tomorrow night

Tomorrow is the deadline to take advantage of Rhode Island's tax amnesty program. If you pay what you owe -- and have your application package postmarked by midnight tomorrow -- the state will waive penalties and won't prosecute you. You'll still have to pay interest, but at a rate of 12 percent. On Sunday, the rate the state charges on delinquent taxes will jump to 18 percent, one of the highest such rates in the nation.

So far in the amnesty, which began July 15, the state has collected more than $2.6 in back taxes. Check out the state Division of Taxation Web site for an explanation of the amnesty, the amnesty application form and other information.

Posted by Neil Downing at 8:36 AM | Comment

Station Fire: Lining up for seats

By 8 a.m., a couple dozen people were waiting at the door of the Kent County Court House.

Fifty seats have been reserved for the public in Judge Francis J. Darigan Jr.'s court room.

The court opens at 8:30. The sentencing of Jeffrey A. and Michael A. Derderian is scheduled to begin at 9:30.

Posted by Peter Phipps at 8:00 AM | Comment

Station Fire: Wedding plans interrupted

Alicia Bragg, of Saunderstown, who's fiance was injured in The Station fire, arrived at the Kent County Court House at 7 a.m. and stood alone outside the front door.

Her fiance, Grant Hall, was hospitalized and in rehabilitation for 10 weeks after the fire. He underwent several surgeries.

They had been engaged a month before the fire and planned to marry in the summer of 2003.

"Feb. 20 happened and that sort of interrupted the whole thing. Plans changed into care giving and surviving," Bragg said this morning.

"He's not going to be here today, because it's going to be too difficult. He thought about trying," Bragg said.

Club owners Jeffrey and Michael Derderian are scheduled to plead no contest to 100 counts of involuntary manslaughter. The judge has agreed to sentence Michael to four years in prison and issue a suspended sentence to Jeffrey.

"I just kind of need to be here," Bragg said. "It just felt like if I didn't come that would be saying it's okay."

By 7:30 a.m., others started arriving, forming a line behind Bragg.

-- Journal staff writer Paul Edward Parker

Posted by Jack Perry at 7:49 AM | Comment

Station Fire: A long line of TV trucks

With tents on the roof of the parking garage, a long row of TV trucks and hundreds of feet of cable winding into the Kent County Court House, the media have set up to cover The Station nightclub fire plea hearing.

Under a gray sky at about 7:15 a.m., the courthouse was still quiet, but the media were busy preparing for the hearing set to begin at 9:30 a.m. before Judge Francis J. Darigan Jr.

Five tents are set up on the roof of the court house's parking garage so television reporters can deliver their reports overlooking the new court house. The police are limiting traffic on an access road between Route 2 and Quaker Lane, which is lined by at least a dozen television trucks from Rhode Island and Boston television stations, along with Court TV.

-- Journal staff writer Paul Edward Parker

Posted by Jack Perry at 7:38 AM | Comment

Today could bring thunderstorms and street flooding

The National Weather Service warns that thunderstorms could bring heavy downpours and gusty winds today and cause street flooding in poor drainage areas.

The weather service expects periods of showers this morning and then a chance of showers after noon, with rainfall amounts between a quarter and a half of an inch.

The temperature should reach 66 degrees.

For more weather and updates, see projo.com/weather.

Posted by Jack Perry at 7:00 AM | Comment