Immunity Sought In Nightclub Probe

The deadly fire at a Rhode Island nightclub claimed another life Friday, as the singer of the band playing when the blaze began prepared to ask for immunity from prosecution.

Meanwhile, an insulation dealer said club owners bought flammable packing foam, not soundproofing foam, to use in the club.

Officials say an injured woman, Linda Suffoletto, died at Massachusetts General Hospital in Boston, bringing the death toll to 97. The toll had dropped to 96 on Thursday when the medical examiner finished examining all the remains pulled from the ruins of The Station nightclub.

Attorney Neil Philbin, who represents Great White lead singer Jack Russell, told The Associated Press that Russell would request immunity before testifying.

A grand jury investigating the Feb. 20 fire at the club in West Warwick — the fourth-deadliest nightclub fire in U.S. history — met Wednesday at a National Guard compound but no one has yet testified, sources have told the AP.

Talks among lawyers took place Thursday, and the grand jury was expected to reconvene on Friday to continue its review to decide if criminal charges should be issued. State police confirmed the grand jurors arrived at their meeting place Friday morning.

Meanwhile, investigators have taken samples of foam packaging products from a company in Johnston that supplied the nightclub's owners with material that was installed to appease neighbors upset by the club's noise.

Fire investigators believe the shower of sparks from the band's pyrotechnic display ignited soundproofing behind the stage, sending flames through the one-story wooden building.

Aram DerManouelian, president of American Foam Corp., said the soundproofing was purchased for $575 in June 2000. That was a few months after the Derderian brothers bought The Station.

DerManouelian said his records show the club bought 25 sheets of foam, which he described as egg-crate packaging material. The invoice does not say who at the club ordered it.

The company doesn't manufacture the foam, but cuts it, he said. The firm also doesn't sell insulation specifically designed for acoustical purposes, only packaging material, he said.

"They wanted the lowest grade, the cheapest stuff," he told The Associated Press on Friday. "They asked for egg-crate material and that's what we sold them. It's good packaging material. You just can't light it on fire. We sell fire-retardant foam, but that's not what they were looking for. … It costs about twice as much."

Those connected with the band maintain they had the nightclub's permission to set off the display, something the club's owners deny.

Attorney Thomas Briody said Thursday that when his client, Great White tour manager Daniel Biechele, met with a "high-ranking club representative" a week before the show, The Station told him the club wanted pyrotechnics.

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

Jeffrey Pine, a lawyer for Jeffrey Derderian, said Michael Derderian spoke with a band representative about food and other provisions the band wanted — but there was no mention of pyrotechnics.

Attorney Kathleen Hagerty, who represents Michael Derderian, did not return calls for comment.

Legal experts and fire investigators say the Derderians, along with band members, could be indicted on state charges of involuntary manslaughter or second-degree murder.

Investigators are trying to determine if the club was overcrowded. The Station's maximum legal capacity was 300. Carcieri originally said there may have been between 340 and 350 people there the night of the fire, but now says there's conflicting information.

Booking agent Mark Hyman said Thursday when he booked the metal band Quiet Riot at the club in June 2002, the contract for the show said the club's capacity was 550.

Meanwhile, the Commerce Department's National Institute of Standards and Technology said it will investigate the disaster, including the building's materials, its exits and the number of people inside that night.

NIST has probed several major structural disasters, including the 2001 World Trade Center collapse, the 1995 Oklahoma City bombing, the 1985 Dupont Hotel Fire in San Juan and the 1981 collapse of walkways at Kansas City's Hyatt Regency.

Also Thursday, the Federal Emergency Management Agency denied Gov. Donald Carcieri's request for disaster relief. Carcieri called the decision "disappointing but not entirely unexpected." He said the state may appeal.

Roughly $500,000 has been donated to a fund to help survivors and relatives of those who died with short-term needs such as funeral and travel expenses.

About 60 fire victims remained hospitalized, including around 35 in critical condition.