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Great White lead singer seeks immunityBand attorney says club official OK'd use of pyrotechnics
PROVIDENCE, Rhode Island (AP) -- A lawyer for the leader of a band whose pyrotechnics display set off last week's disastrous nightclub fire said Friday the singer is asking for immunity from prosecution before agreeing to testify to a grand jury. "We'll be there (Friday)," attorney Neil Philbin, who represents Great White lead singer Jack Russell, told The Associated Press. "What happens next remains to be determined." A grand jury investigating the fire at The Station in West Warwick -- the fourth-deadliest nightclub fire in U.S. history -- met Wednesday at a National Guard compound but no one has yet testified, sources have told the AP. Talks among lawyers took place Thursday, and the grand jury was expected to reconvene on Friday to continue its review to decide if criminal charges should be issued. Meanwhile, the death toll from the fire climbed back to 97, CNN reported. Linda Suffoletto was pronounced dead Friday morning at Massachusetts General Hospital. Forensic teams and authorities had lowered the number of dead to 96 Thursday. All of those 96 died on the night of the fire. One person who had been reported missing was determined not to have been a victim of the fire, officials said. About 60 people remained hospitalized, including at least 30 in critical condition. Fire investigators believe the shower of sparks from the pyrotechnic display ignited soundproofing behind the stage, sending flames through the one-story wooden building. Those connected with the band maintain they had the nightclub's permission to set off the display, something the club's owners deny. Attorney Thomas Briody said Thursday that when his client, Great White tour manager Daniel Biechele, met with a "high-ranking club representative" a week before the show, The Station told him the club wanted pyrotechnics. "Any suggestion that Great White did not have permission to display pyrotechnics is simply false," Briody said. Jeffrey Pine, a lawyer for Jeffrey Derderian, said Michael Derderian spoke with a band representative about food and other provisions the band wanted -- but there was no mention of pyrotechnics. "It sounds like Dan (Biechele) is taking responsibility for the pyrotechnics and is seeking to deflect some of the responsibility for the fire away from himself," Pine said. "The notion that he had a conversation with them in regards to this issue is absolutely false." Attorney Kathleen Hagerty, who represents Michael Derderian, did not return calls for comment. A state grand jury impaneled to investigate the case did not meet Thursday because lawyers were negotiating over the band members' expected testimony, according to sources close to the investigation who spoke to The Associated Press on condition of anonymity. The panel was expected to meet again as early as Friday at the National Guard training center in East Greenwich, where the panel is seated. Legal experts and fire investigators say the Derderians, along with band members, could be indicted on state charges of involuntary manslaughter or second-degree murder. Among other things, authorities are looking at the club's soundproof insulation. The governor said investigators have not determined what type had been installed. Pine said Jeffrey Derderian told him he and his brother had the soundproofing installed several months after they took over the club in March 2000 because neighbors complained about noise. Investigators are also trying to determine if the club was overcrowded. The Station's maximum legal capacity was 300. Carcieri originally said there may have been between 340 and 350 people there the night of the fire, but now says there's conflicting information. Booking agent Mark Hyman said Thursday when he booked the metal band Quiet Riot at the club in June 2002, the contract for the show said the club's capacity was 550. Meanwhile, the Commerce Department's National Institute of Standards and Technology said it will investigate the disaster, including the building's materials, its exits and the number of people inside that night. Also Thursday, the Federal Emergency Management Agency denied Carcieri's request for disaster relief. Carcieri called the decision "disappointing but not entirely unexpected." He said the state may appeal. About $500,000 has been donated to a fund to help survivors and relatives of those who died with short-term needs such as funeral and travel expenses. Copyright 2003 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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