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May 10, 2006

StationBlog: Biechele gets 4 years to serve / Photo

Journal photo / Mary Murphy
Daniel Biechele is taken away in handcuffs after his prison sentence was handed down this afternoon.

PROVIDENCE -- Superior Court Judge Francis J. Darigan today sentenced Daniel Biechele to 15 years in prison, with four to serve and 11 years suspended for his role in setting off the disastrous Station nightclub fire.

His decision came after a tearful plea from Biechele, who had been charged with 100 counts of involuntary manslaughter, and an hour each of arguments by the prosecution and defense.

"The greatest sentence that can be imposed on you has been imposed on you by yourself," Darigan told Biechele, as he stood before the judge in court.

In handing down the much-anticipated sentence, Darigan noted Biechele's sense of remorse, good background, potential for rehabilitation and willingness to accept responsibililty. He also took great pains to explain the differences between charges related to causing the death of another, from murder to involuntary manslaughter.

The 29-year-old former tour manager for the band Great White, who set off the pyrotechnics that launched the Feb. 20, 2003, blaze that killed 100 people, had pleaded guilty after reaching a plea agreement in his case. His lawyer had asked for community service, while the prosecution sought the maximum possible sentence of 10 years.

Full report to come on projo.com ...

Tearful Biechele apologizes in court
Posted 4:25 p.m.
A tearful Daniel M. Biechele apologized for setting off the fireworks that triggered The Station nightclub fire.

He said he would do anything to undo the harm of that night.

"I'm so sorry for what I've done," he said. "I don't want to cause anyone any more pain. I will never forget that night, and I will never forget the people..."

Judge Francis J. Darigan is now addressing the court and will soon impose the sentence.

Biechele's lawyer: My client is the only one to apologize
Updated 3:50 p.m.
PROVIDENCE -- Daniel M. Biechele's attorney, Thomas G. Briody, has completed his argument on behalf of his client, asking Judge Francis J. Darigan to spare him from prison and impose community service instead.

In an argument that lasted about one hour, Briody started with a reference to President John F. Kennedy's book "Profiles in Courage."

"It's courage we all need to do justice in this case," Briody said.

Briody followed prosecutor Randall White, who also spoke for about an hour, in the final phase of the sentencing hearing for Biechele in his Station fire manslaughter case. White asked for a 10-year prison sentence, the maximum allowed in a plea agreement.

Briody portrayed his client as courageous, noting that Biechele pleaded guilty instead of listening to his lawyer's advice. Briody said Biechele told him, "I want to bring peace, I want this to be over."

"He's the only man to say, 'I apologize,' " Briody said, in an apparent reference to Great White lead singer Jack Russell, that "the big rock n' roll singer, the man who abandoned my client," and others, including club owners Jeffrey and Michael Derderian, who have not done so in the wake of the disastrous club fire more than three years ago.

Briody said a series of factors came together to create The Station tragedy, touched off by pyrotechnics that Biechele, the former tour manager for Great White, set.

"Dan Biechele committed a misdemeanor that night without any way of knowing the stage had been set for what the attorney general is calling the perfect storm," Briody said.

He noted that some family members of fire victims feel a 10-year sentence wouldn't be long enough, but some believe that prison isn't necessary.

"I submit that a brutal, Draconian sentence like 10 years in prision is not warranted by Dan Biechele's conduct," he said.

Prosecutor wants full 10 years for Biechele
Updated 2:53 p.m.

Journal photo / Mary Murphy
Assistant Attorney General Randall White holds up a photograph taken just after the fire started in The Station nightclub fire, as he made his statements today.

PROVIDENCE -- As expected, prosecutor Randall White asked Judge Francis J. Darigan Jr. today to sentence Daniel M. Biechele to serve 10 years in prison, citing the massive loss of life in The Station fire and the need to send a message.

White wrapped up his argument at about 2:30 p.m., after talking for an hour. He also asked that Biechele spend five years on probation after completing the full prison term allowed in a plea agreement.

"The devastation wrought by the defendant is unparalleled in our state's history," said White, who addressed the judge in the final phase of Biechele's sentencing hearing today.

In support of his argument, White pointed to Biechele's experience managing a band called W.A.S.P. before he went to work for Great White, whose pyrotechnics started the disastrous fire.

That band also used pyrotechnics for its shows, and White pointed to documents taken from Biechele's computer during which he discussed the need for permits and other approvals in using pyrotechnics for W.A.S.P. shows in various states.

"Dan Biechele's failure to get a permit in Rhode Island was not an unwitting, innocuous oversight, but a deliberate, intentional decision not to abide by Rhode Island law," White said.

He argued that Biechele lacked common sense in setting off the pyrotechnics in the crowded club. He used a type of gerb that sent fireworks 15 feet into the air for 15 seconds, White said.

"A child could have seen and foreseen the harm," White said.

White also said the sentence should send a message because safety procedures are often overlooked. "Societal deterrence is a sound objective," he argued.

-- With reports from projo.com staff writer Steve Peoples

Darigan has taken the bench
Posted 1:28 p.m.

PROVIDENCE -- Judge Francis J. Darigan Jr. has taken the bench, and the main courtroom in Superior Court has filled in anticipation of the final phase of the sentencing hearing for the band manager who started The Station nightclub fire.

The hearing was starting just before its scheduled time of 1:30 p.m. Before the sentence is imposed on Daniel M. Biechele, former tour manager for the band Great White, the prosection and defense will each have 45 minutes to argue their cases to Darigan.

Biechele, 29, of Florida, will then be allowed to make a statement, if he so chooses, before Darigan pronounces the sentence.

Biechele pleaded guilty to 100 counts of involuntary manslaughter in February and faces up to 10 years in prison under a plea agreement.

-- With reports from projo.com staff writer Steve Peoples and Journal staff writer Tracy Breton

Biechele to learn fate today
Posted 11:59 a.m.

PROVIDENCE -- The man who started the 2003 Station nightclub fire will learn today how much time, if any, he will spend in prison for the incident that killed 100 people, injuring 200 others.

After two days of emotional testimony from victims' families, Judge Francis J. Darigan Jr. will decide on the length of Daniel M. Biechele's sentence during a Superior Court hearing that begins at 1:30 p.m.

Biechele is expected to address the court before Darigan makes his ruling. According to the terms of the plea bargain, Biechele could receive up to 10 years in prison, or as little as community service.

-- StationBlog compiled by projo.com news producer Jack Perry, with reports from projo.com staff writer Steve Peoples

Posted by Andrea Panciera at 5:25 PM | Comment

Red Sox-Yankees game is on

NEW YORK -- The Red Sox and Yankees should be able to play tonight's game as scheduled, as weather conditions here at Yankee Stadium aren't much different than they were last night.

The forecasts call for a chance of light rain or drizzle. The outlook for Thursday is more ominous, and tomorrow night's game could be in jeopardy.

-- SEAN McADAM

Posted by Art at 5:06 PM | Comment

Update: Nurse guilty of neglect in patient's death / Photo

Journal photo / Bill Murphy
Gloria A. Baillargeon listens as the jury foreman reads the guilty verdict in her felony neglect trial in Superior Court this afternoon. At left is her lawyer, James E. O'Neil.

PROVIDENCE -- A nurse accused of neglecting her patient in a Woonsocket nursing home was found guilty this afternoon of a single count of neglect.

Gloria A. Baillargeon was freed on bail after the Superior Court jury announced its verdict on the charge against her.

Baillargeon, a licensed practical nurse, was accused of felony neglect in the July 2004 death of Emma Morel, a 93-year-old patient at Woonsocket's Oakland Grove Health Care Center.

She is scheduled to be sentenced in July. Defense lawyer James E. O'Neil made a motion for a new trial, which will be considered May 18.

-- With reports from Journal staff writer Cynthia Needham

Posted by Andrea Panciera at 3:29 PM | Comment

Man held without bail in funeral home theft case

PROVIDENCE -- A man accused of stealing jewelry from the body of an 86-year-old woman in a funeral home was ordered held without bail at his arraignment today in District Court.

Lorth Pha, 42, of 85 Colfax St., was charged with one count of burglary, and an innocent plea was entered on his behalf this morning. A bail hearing was scheduled for May 24.

The police allege that Pha went into Bell Funeral Home, 571 Broad St., South Providence, through an unlocked front door, saw the body in the casket in the visitation room, and removed her jewelry.

He is accused of stealing a necklace, a pair of earrings and a wedding band, and an employee time clock from a wall of the funeral home.

Providence police Maj. Stephen Campbell described Pha as "a street guy, he's a can collector," Campbell said. "He's trying doors [in the neighborhood] and the door's unlocked, and he walked in and took the items."

The crime happened between 9 p.m. April 27 and 5 a.m. April 28, according to the police. Pha was arrested yesterday.

-- With reports from Journal staff writer Karen Davis.

Posted by Jack Perry at 11:11 AM | Comment

Mail carriers to begin food drive

The 14th annual Letter Carriers Food Drive will kick off this morning with a 10 a.m. press conference and presentation at the Rhode Island Community Food Bank, 200 Niantic Ave., Providence.

During their delivery routes this Saturday, letter carriers will collect canned and other non-perishable food left at mailboxes for donation to the Rhode Island Community Food Bank.

The food will be distributed to families at a time when the food bank anticipates an increase in need because children will soon have their summer vacations and won't be participating in school breakfast and lunch programs.

Posted by Jack Perry at 8:27 AM | Comment

Mob gambling arraignments set for today

PROVIDENCE - - Arraignments are scheduled today in Superior Court for 18 men accused of taking part in a $3-million-a-month organized crime gambling ring.

Investigators have said the gambling ring was run from three bars on Douglas Avenue in Providence -- Danny's Place, Prime Time Cafe and the Eagle Square Independent Club.

The police have said two alleged mob associates -- Raymond "Scarface" Jenkins and Richard Angell -- ran the operation behind the scenes at Danny's Place and Prime Time Cafe.

The defendants are accused of taking part in a gambling ring between Oct. 24, 2005, and Jan. 4, 2006.

After a 70-day investigation that included wiretaps, the police swept in and arrested the alleged participants on Jan. 4.

A Providence County grand jury returned indictments April 14.

Posted by Jack Perry at 8:02 AM | Comment

R.I. Guard to get a new plane today

CRANSTON -- The Rhode Island Air National Guard is scheduled to receive a new plane today.

The plane, a C-130J Transport aircraft, will be the fourth delivered to the 143rd Airlift Wing since December 2001. It's coming from a Lockheed Martin Marietta plant in Georgia. The plane is supposed to land at 4 p.m. at Quonset Air National Guard Base in North Kingstown.

Guard officials say the new aircraft have modern technology that lets them fly farther and higher than older models and take off from shorter distances.

The Guard has had at least one plane deployed in Iraq and Afghanistan for the past two years.

-- The Associated Press

Posted by Jack Perry at 7:27 AM | Comment

Rain, rain won't go away

PROVIDENCE -- Rain, rain and more rain.

That's the forecast for the next several days, according to the National Weather Service.

Three storms will affect southern New England from today until early next week, bringing lots of clouds and rain to the region, according to the weather service.

For boaters, the weather service is also warning of seas up to 11 feet on the waters off the eastern coast of Massachusetts.

For regular updates, check projo.com's weather page.

Posted by Jack Perry at 7:00 AM | Comment