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August 9, 2007

Derderians willing to testify for lawsuits tied to fire

The owners of the former Station nightclub are willing to testify for attorneys who have brought lawsuits related to the deadly fire at the club that killed 100 people and injured another 200 in February 2003.

Brothers Michael and Jeffrey Derderian indicated their willingness in papers filed this week in the U.S. District Court of Rhode Island. The papers were filed in response to Magistrate Judge David L. Martin's invitation to the involved parties to give input on how the requests for discovery would be conducted.

"The defendants are still committed to actively participating in the discovery process, including presenting for their depositions. Furthermore, defendants are willing to present for depositions on all areas of inquiry permitted by Federal Rules of Civil Procedures 26 and 30, and not just the areas of inquiry applicable to the summary judgment motions," the response says.

Extra: Read the court document in .pdf format.

Last week, band manager Daniel M. Biechele lost his bid to avoid questioning. Biechele is serving a four-year prison sentence after pleading guilty to 100 counts of involuntary manslaughter. He admits he lit the pyrotechnics that triggered the blaze, but he said resulting injuries were unintentional.

Biechele’s lawyer, Thomas Briody, argued that Biechele should be spared further questioning because his answers could lead to federal prosecution or charges in other states in connection to his job with the band Great White.

Martin ruled Friday that lawyers representing victims’ families may question Biechele, but Martin also said that Biechele can use his constitutional right against self-incrimination by declining to answer questions that he believes might incriminate him.

In September, the Derderians pleaded no contest to 100 counts of involuntary manslaughter each for their part in the deadly blaze.

Michael Derderian is serving a four-year term at the Adult Correctional Institutions. Jeffrey received a suspended sentence and was ordered to perform 500 hours of community service and serve three years’ probation.

Attorneys for the Derderians noted that Michael Derderian would have to be transported from the Adult Correctional Institution to the courthouse to provide his deposition.

Also in papers filed this week, Biechele requests that he'd be required to provide just one deposition, which would be limited to a maximum of four hours.

Posted by Jack Perry  at 11:39 AM | Permalink

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