Band Set to Testify in Probe of Fatal Club Fire

Members of the band Great White have agreed to appear today before a grand jury examining the deadly fire at a Rhode Island nightclub, a law enforcement official familiar with the investigation said Tuesday night.

“The band’s lawyer confirmed that they’ll be there,” said the official, who spoke on the condition of anonymity because the investigation is ongoing.

Four members of the band survived the blaze Thursday night at The Station nightclub in West Warwick that killed 97 people, including Great White guitarist Ty Longley.

The fire began when Great White opened its act with a pyrotechnics display that raced out of control in a small concert area packed with more than 300 revelers. The blaze took fewer than four minutes to destroy the club, which had no sprinkler system.

Sources close to the investigation said five prosecutors and dozens of state and federal investigators are looking into three areas of possible criminal violation: the use of the pyrotechnics; the installation of flammable sound-suppressing material on the club’s walls and low ceiling; and the size of the crowd, which may have exceeded the legal limit.

Town officials said no permits were issued for fireworks at the club. The band claims the club’s owners, brothers Michael and Jeffrey Derderian, approved the plan to use pyrotechnics -- a regular feature at Great White concerts. The Derderians have said they had no information about the fireworks until the band set them off.

“The huge question is who set the pyrotechnics -- that’s got to be a major focus,” said the official. Despite investigators’ uncertainty over who played that role, sources close to the case said Great White members had set no limits on what they would be willing to discuss.

“I think they’ve been cooperative down the line,” the official said. Rhode Island Atty. Gen. Patrick Lynch said Tuesday that he has spoken with Kathleen Hagerty, the Derderians’ lawyer, but would not reveal if the Derderians have received subpoenas. Hagerty did not return a telephone call to her office.

Lynch declined to characterize the Derderians as uncooperative, but said, “Neither of the owners has responded to our questions.”

Several dozen fire survivors already have been interviewed, authorities said. Club stage manager Paul Vanner also spoke Tuesday night with state police, a member of his family said.

In recent days, investigators have sought receipts that might show what soundproofing materials were used in the club and who installed them. Seared remains of the material are being tested by state and federal fire experts, the law enforcement official said, but they have not been able to conclude whether highly flammable polyurethane was present.

Also Tuesday, Gov. Donald L. Carcieri said that 93 bodies from the fire have been identified. Carcieri said that because of a disparity between the number of people reported missing and those confirmed dead, search teams using cadaver-sniffing dogs would inspect the fire site.

*

Mehren reported from Boston, Braun from Cranston.