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September 21, 2006

Update: Judge says Station plea will spare R.I. trauma of trial

WARWICK -- Superior Court Associate Justice Francis J. Darigan said this afternoon that he decided to accept a plea in The Station nightclub fire case to spare victims' families and the state the trauma of criminal trials.

Darigan also acknowledged that he decided to accept the pleas from club co-owners Jeffrey and Michael Derderian and impose the sentences over the objection of the state Attorney General's Office.

The Derderian brothers each have agreed to plead no contest to 100 involuntary manslaughter charges, effectively ending the criminal prosecution against them. The charges represented the 100 who died in the Feb. 20, 2003, blaze, the worst in the state's history.

In exchange for their pleas, Darigan has agreed to a sentence of no jail time for Jeffrey Derderian and four years to serve in prison for Michael Derderian.

The news of the deal, which has not yet been accepted in court, came in a letter to victims' families released yesterday by Attorney General Patrick C. Lynch.

In a followup address to reporters this afternoon at the Kent County Courthouse, Darigan said a trial would "serve to further traumatize and victimize" not only the families of the victims but the entire state.

Darigan addressed the reporters for 25 minutes, reading from a letter he said he sent last night to families of the victims and also reading from a statement.

He also criticized the Attorney General's Office for what he called leaking news of the agreement to the press yesterday, calling it unethical.

Darigan's address is being carried now on Court TV, Channel 71 on Cox Cable in Rhode Island.

-- projo.com staff writer Steve Peoples

In the letter Darigan sent to the victims’ families, he spoke about the sentences for the brothers.

“The difference in the sentences between the two defendants reflects their respective involvement with regard to the purchase and installation of the foam in question,” Darigan wrote. “It is my belief for the reasons stated above that the sentences I will impose are reasonably appropriate in light of all of the facts and circumstances as I understand them.”

The fire at the club started after the band Great White's pyrotechnics ignited foam used as soundproofing around the stage.

Darigan then read from a prepared statement, in which he criticized the way the plea agreement became public.

“The premature leak of the attorney general’s letter to the media by an anonymous source was unethical, reprehensible, devoid of any consideration for the victims of this tragedy and totally abrogated an agreement reached after weeks of discussion between the parties in this case,” he said. “This court sincerely regrets – beyond the court’s ability to articulate – the shock, anger, disbelief and sense of betrayal some of the families must feel because of the despicable action taken by the anonymous source within the Attorney General’s Office.”

Darigan said he would like the media to focus less on the back-and-forth between the Attorney General’s Office and the court and more on the merits of the plea agreement.

Posted by Jack Perry  at 2:10 PM | Permalink

Comments

How does that make this sentence acceptable? Spare the families more pain? It is only causing more pain to see the Dederians get off so lightly.

Mary | September 21, 2006 2:18 PM link

I do not know anyone personally affected by the fire, but as a Rhode Island resident, I feel that Patrick Lynch and Judge Darigan have victimized the state and the victims by robbing us all of justice. One hundred lives are lost and there is no trial? How does this help the families? What would help would be to see a trial from beginning to end, each and every facet of the investigation, what was found, who was at fault. But no trial & Mr. Lynch would like us all to believe that he had nothing to do with this deal. It's the biggest case in recent RI history & the Attorney General has no hand in it? There are 2 parties to this case and, ahem, Mr. Lynch is one of them, lest he forgot.We will remember this on election day. Believe it.

Kristen | September 21, 2006 2:55 PM link

ONLY IN RHODE ISLAND!

JEFF | September 21, 2006 3:12 PM link

Typical Rhode Island politics. I wonder how much the judge is getting paid to "prevent people from having to go thru the trauma of testifying." Do you not think that the people who want to testify would, and the ones who did not want to testify would not? Please, this is such an injustice that if it were not in Rhode Island I would not even believe it. Thanks Judge for making us a mockery of the Nation once again!!!

Joe | September 21, 2006 3:14 PM link

What else would you expect from Lynch? A dummy whose first consideration is politics, from a long line of political hacks.

Public should dump him next chance for sure

Malkomovits | September 21, 2006 3:24 PM link

Part of the healing will come from the trial. I seen enough of JUDGE Darigan. Time for him to leave the building.

paul mcfadden | September 21, 2006 3:38 PM link

As a survivor of this horrific tragedy my husband and I are and will continue to grieve for the rest of our lives over the trauma we experienced on that night. No punishment in any case will ever appease the way we feel about how things have been handled up until this point. We are shocked and completely disgusted by the carelessness that has been shown and can only hope and pray that this trial will be OVER soon. We live everyday with the memories of our dear friends that passed in that fire and can only wait for the day that something more than a wooden cross lay where the Station once stood.

WHEN is someone going to do the right thing and make a memorial for those 100 victims at the site of the fire! why has it been over 3 years and NOTHING has been done to remember those people! THAT IS WHAT MATTERS NOW! After all of this there needs to be a place for friends and family to go to remember their loved ones! Please erect and memorial with the names of the 100 angels that perished in the fire, its time.

Thank you.

KRISTEN CONTE | September 21, 2006 3:43 PM link

This plea deal is the true travesty for the victims and their families. I cannot comprehend this illogical decision, first by Lynch for offering a plea, and second, by Judge Darigan for accepting it. The victims' families deserve their day in court to find out the TRUTH. Denying them this right is the real trauma! There will never be closure for the families without the facts regarding the cause of this trajedy being revealed in court. This obscene decision is an insult to the victims and their families. This smells like a coverup!

Brian Gauthier | September 21, 2006 3:51 PM link

This is just plain wrong. We are supposed to be a democratic society that gets to participate in law making decisions. I feel the victims and thier families need to go through a trial and see it through as part of the healing process and to get closure. Want to make a difference? Call the state Ethics commission-have Judge Darigan and Patrick Lynch investigated-demand a trial-it is yet to be accepted at court remember-there is still time. Do a google search and email the State Ethics commission-or the Govenor-senator-whatever just do it! I am about to!

Patty | September 26, 2006 2:17 PM link

Contempt of court? Most definatly to the highest degree

Donald Chase | September 29, 2006 12:42 PM link

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