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Band before grand jury on R.I. club fire

EAST GREENWICH, R.I., Feb. 28 (UPI) -- Two members of the band whose pyrotechnics resulted in nearly 100 deaths in a Rhode Island nightclub fire appeared Friday before a grand jury weighing possible criminal charges.

It was not immediately known what they told the grand jury, if anything, but lawyers for Great White drummer Eric Powers and lead singer Jack Russell said they "cooperated."

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It was unclear if Russell was granted the immunity he sought.

Russell and Powers avoided questions from the media when they left the National Guard facility in nearby East Greenwich, R.I., where the grand jury met for a second day.

Officials said 97 people died in the fire in The Station rock concert club in West Warwick, R.I., a week ago Thursday night, including one woman who succumbed early Friday of severe burns at a Boston hospital.

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While 96 bodies were recovered from the rubble of the Feb. 20 blaze, Linda Suffoletto became the first of the more than 190 injured to die in a hospital as a result.

The Rhode Island woman, who had been in critical condition, died just after 5 a.m. in the Massachusetts General Hospital in Boston, a hospital spokeswoman told United Press International.

Her death came as lawyers for the music group involved in the fire, the '80s heavy metal Great White band, and the owners of The Station gave conflicting accounts as to whether permission was given for the use of pyrotechnics.

In another development, the owner of the American Foam Corp. in Johnston, R.I., confirmed the club bought $575 worth of common egg-crate packing foam to use as soundproofing for the popular rock music venue, whose neighbors had complained about the noise.

The foam was not fire retardant, but was the "cheapest stuff" as "wanted" by the club, according to Aram DerManouelian.

He told the Providence Journal the club "bought general purpose egg-crate form," which although it would keep the noise down, would not protect against flames.

Fire-retardant soundproofing, he said, would have cost the club twice as much.

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"They had a choice, and they bought general purpose egg-crate foam," DerManouelian told the Journal. "It kept the noise down, but whoever figured they'd put flame on it? Jesus. For a $575 invoice, here we are."

Investigators have been conducting tests to see whether the foam tiles met fire-resistant code requirements.

The Great White band manager who set off the pyrotechnics that ignited the blaze insisted he had permission to do so. The owners denied they gave it.

"Any suggestion that Great White did not have permission to display pyrotechnics is simply false," said attorney Thomas G. Briody.

The band's manager, Daniel M. Biechele, 26, has admitted he touched off the sparkler display in The Station rock club in West Warwick, R.I., on Feb. 20, resulting in a fast-moving fire that also injured nearly 190 others.

However, Briody said in a statement, Biechele "always sought permission from promoters or club representatives" for the use of pyrotechnics.

Biechele's lawyer said permission was given by a "high-ranking club representative" about a week before the fire and that The Station "wanted pyrotechnics" for the act.

The club owners, brothers Jeffrey and Michael Derderian, however, have insisted they never said it was OK to use pyrotechnics.

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"There was no permission granted," said former Rhode Island Attorney General Jeffrey Pine, who is representing Jeffrey Derderian.

There was no immediate word when the Derderian brothers would appear before the grand jury, which did not meet Thursday after convening for the first time on Wednesday.

Lawyers for band members subpoenaed to testify met on Thursday to discuss pre-testimony issues with prosecutors.

Russell, the band's lead singer, met Thursday for several hours with prosecutors. According to the Journal, Russell signed an agreement guaranteeing that anything he tells them in interviews cannot be used against him if they decide to charge him with a crime.

Russell reportedly was also seeking immunity for any possible testimony before the grand jury.

The sparklers used by the band, as seen on a video, ignited soundproofing around the stage and on the low ceiling. The flames spread through the wooden building within minutes, trapping hundreds of panicked patrons.

Most sought to escape through the front door, where more than two dozen of the dead were found, while others attempted to get out through other exits and windows.

Several survivors claimed bouncers at the club tried to block them from fleeing through the rear exit near the stage.

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"We tried to head out that way, and they said, 'That's reserved for the band,'" John Gibbs, 37, of Attleboro, Mass., told the Attleboro Sun Chronicle. "They started pushing us to the front instead of to the side."

Another survivor, Bruce Cormier, 49, of Foxboro, Mass., told a similar story to the Boston Herald.

"He (a bouncer) told us not to use that exit, to turn around and go the other way toward the front door, where everybody was trapped," Cormier said. "We just pushed right by him."

Gov. Don Carcieri late Thursday told a briefing that the death toll inside the club had been revised from 97 to 96 dead. He said the discrepancy resulted from the "very difficult conditions" of the remains.

Suffoletto was the first of the critically burned victims being treated at MGH to die, bringing the death toll back up to 97.

Meanwhile, the Federal Emergency Management Agency turned down Carcieri's request to declare The Station fire a major disaster, making the state eligible for federal relief. The governor was considering an appeal.

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