R.I. club fire death toll down to 96

WEST WARWICK, R.I., Feb. 27 (UPI) -- The death toll in the Rhode Island nightclub fire a week ago has been revised from 97 to 96, Gov. Don Carcieri announced late Thursday.

The governor also told a briefing that all the victims have now been identified.

As of late Wednesday, officials had said 97 had died in The Station rock concert hall inferno last Thursday in West Warwick, R.I., and that four victims had yet to be identified.

Carcieri said the revision was made after the examination of all the bodies was completed. He said the discrepancy apparently resulted from the condition of the remains recovered from the fire-blackened rubble.

Forensic teams were able to establish the identity of the final four, he said, without resorting to time-consuming DNA testing.

Meanwhile, the grand jury investigation possible criminal charges stemming from the fire planned to reconvene Friday. It held its first session on Wednesday, but took a break Thursday as lawyers and prosecutors met behind closed doors.

Attorney General Patrick Lynch has refused to discuss who has been or might be called to testify before the grand jury, saying he had "no short list" of potential witnesses.

Several unidentified witnesses did appear before the grand jury on Wednesday, its first day.

Four members of the '80s era Great White heavy metal band, however, were back in Rhode Island under subpoena to testify, according to their lawyers.

It was the band's use of pyrotechnics that touched off a flash-fire in The Station rock concert club in West Warwick, R.I., the night of Feb. 20.

In addition to the 96 people who died in the inferno, nearly 190 were injured.

Among the questions the grand jury would be seeking answers to is who, if anybody, authorized the use of the pyrotechnics, whether the soundproofing foam tiles seen burning rapidly on a dramatic video tape was flame-retardant as required by code, and whether the West Warwick fire marshal who inspected the club months before the fire fail to perform required tests on the soundproofing.

The inspector, Denis Larocque, so far has refused to comment.

Great White band members subpoenaed to testify were lead singer Jack Russell, guitarist Mark Kendall, drummer Eric Powers and bassist David Filice. Guitar player Ty Longley died in the fire.

Some reports indicated they might seek immunity from prosecution or Fifth Amendment protection against self-incrimination.

The grand jury sessions were being held at the Rhode Island Army National Guard facility in East Greenwich to protect witnesses from the media and potentially angry crowds, according to Superior Court Presiding Justice Joseph F. Rodgers. He said officials wanted to avoid a "circus like atmosphere."

Also expected to appear at some point were the brothers who co-owned The Station, Jeffrey and Michael Derderian.

So far they have yet to talk to investigators, except for some questions Jeffrey Derderian answered the night of the fire.

Lynch has continued to urge them to be more cooperative.

The band has said the Derderians gave permission to use the pyrotechnics, but the brothers have denied doing so.

In a related development, a man who went to the nearby Crowne Plaza Hotel where frantic relatives had gathered has been charged with falsifying a missing person report.

Police said Jeremy Howell, 25, and unemployed man, scammed the Red Cross into giving him a free meal, a room and loaning him a cell phone after he claimed his girlfriend, who turned out to be a fictitious person, had been lost in The Station fire.

"Tragedies bring out the good and the worst in people," said State Police Maj. John Leyden Jr., "and in this case it was the worst."