« Barrington teen died of 'blunt and sharp force injuries' | Today | Charge upgraded in fatal kneeboarding accident »

July 20, 2007

Biechele fighting against questioning in fire civil suits

PROVIDENCE – Daniel M. Biechele admitted his guilt to 100 counts of involuntary manslaughter and is serving a prison sentence in connection with The Station nightclub fire, but his lawyer says he could be charged with other criminal offenses related to the deadly blaze.

Based on his Fifth Amendment right against self-incrimination, Biechele is now fighting attempts by lawyers representing the fire victims to question him under oath in preparation for the federal trial of their lawsuits for money damages.

U.S. Magistrate Judge David L. Martin has set a hearing on the matter for Aug. 1.

Biechele, the former tour manager for the rock band Great White, is currently serving a four-year sentence at the Adult Correctional Institutions, in a work-release program, after pleading guilty to unintentionally causing the deaths of 100 people who died at The Station the night of Feb. 20, 2003. The fire began when sparks from pyrotechnics that Biechele set off ignited highly flammable polyurethane foam that had been installed as soundproofing by the club’s owners.

Now that that criminal case is over, lawyers for those injured in the fire and survivors of those who perished want to question Biechele and other members of Great White for the civil lawsuits now pending in U.S. District Court.

But one of Biechele’s lawyers, Donald J. Maroney, is trying to block them from asking Biechele any questions about events surrounding his use of pyrotechnics at the West Warwick nightclub.

In court papers, Maroney says that while Biechele “has resolved all pending criminal charges in the State of Rhode Island, his potential exposure to additional criminal liability is unclear. Mr. Biechele has never received immunity from further prosecution here in Rhode Island, nor in any other jurisdiction. While Mr. Biechele is unaware of any pending federal investigation, the possibility of a federal prosecution remains open.”

-- Journal staff writer Tracy Breton

Maroney notes that based on materials furnished in Biechele’s state prosecution, the Bureau of Alcohol, Tobacco & Firearms participated in the fire investigation.

Maroney says that even though the state case has ended –with guilty pleas by Biechele and the co-owners of the nightclub, brothers Jeffrey and Michael Derderian -- Biechele maintains his Fifth Amendment right against self-incrimination. If Biechele were to be charged with other offenses in the future, any testimony he gives to the civil lawyers could be used against him.

No trial date has been set for the victims’ lawsuits. Lawyers say it won’t be anytime soon.

Posted by Jack Perry  at 2:24 PM | Permalink

Comments

Post a comment

Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.




Remember Me?

(you may use HTML tags for style)

ADVERTISING



ProJo 7 to 7
Jun « Jul 2007 » Aug
Su Mo Tu We Th Fr Sa
            1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31          
Archived headlines

Archived
ProJo 9 to 5 News Blog
Oct 2005 - March 2006