Although defense lawyer Kathleen Hagerty called the photographs of the fire victims at The Station "the most horrible photographs I have ever seen," Darigan said he "probably will allow some of them."

"They're heartbreaking, heartbreaking photographs," Hagerty said.

Lawyers for the prosecution and defense also discussed the use of other types of photographs as evidence. Darigan said he would also probably let the prosecution introduce photographs of the victims taken before the night of the tragic fire. The defense argued that the photographs were not relevant.

The defense didn't object to the prosecution's plans to show photographs of the West Warwick nightclub before and after the fire.

In arguing against the use of "misdemeanor manslaughter," the defense team said the term is misleading and inaccurate.

"The use of 'misdemeanor manslaughter' is quite misleading for potential jurors, for it suggests to them that a defendant convicted on that theory would only be liable for a misdemeanor" when it is really a felony, wrote Derderian's attorney in a motion supporting today's arguments.

Darigan rejected the defense's argument this morning, but said he would instruct the jury of the term's meaning before and after testimony in the trial.

Darigan also denied a defense motion to preclude testimony from the medical examiner, but he instructed the prosecution to avoid repetition in that testimony.

One hundred people were killed and more than 200 were injured when a band's pyrotechnics ignited a blaze in the West Warwick club on Feb. 20, 2003. Michael Derderian and his brother, Jeffrey, were co-owners of the club.

Each are charged with 200 counts of involuntary manslaughter -- two for each of the 100 people who died. They are charged with criminal negligence manslaughter, which alleges they ignored the risks to the safety of people in their nightclub, and with misdemeanor manslaughter, which means they committed a petty offense that resulted in death. "Misdemeanor manslaughter" refers to that petty offense. Both types of manslaughter are felonies.