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He cited reports that pyrotechnics had been used in the club by other bands The fire also injured nearly 190 people; about 60 remain hospitalized, including 40 in critical condition "It is pretty obvious that there was some joint responsibility " Meanwhile, Gov Police searched the Narragansett home of Michael Derderian on Sunday, according to a law enforcement source The grand jury is expected to convene Wednesday, law enforcement officials said on condition of anonymity " Legal experts and fire investigators said the Derderians or members of the band Great White â€â€? or both â€â€? could be indicted on such charges as criminally negligent homicide, manslaughter, even murder Investigators are trying to determine who is to blame for the fire that was apparently sparked by the band's pyrotechnics last Thursday Band to Testify in Fire That Killed 97 Feb 25, 5:05 PM EST Members of the rock group Great White have been subpoenaed by prosecutors and said Tuesday they will appear before a grand jury investigating whether criminal charges should be filed in the nightclub inferno that killed 97 people , an attorney who represented a homeless man charged with manslaughter in a 1999 fire that killed six Massachusetts firefighters, compared the Rhode Island case to Boston's Cocoanut Grove nightclub fire that killed 492 people in 1942 "But clearly, whoever set up that display â€â€? the band â€â€? is a potential target, whether they had permission or not In that fire, the nightclub owner was charged with negligent manslaughter for having an overcrowded club with locked exit doors, an act that showed he disregarded known risks to life, Ryan said Don Carcieri said 93 of the 97 bodies have been identified He said the bar boy suspected of starting the fire when he lit a match was not charged because the deaths were caused by an unsafe building "If they had 70 shows in the last three years and 35 of those involved pyrotechnics of some sort, that leads to a fair inference that they knew of or should have known what was going on in their club," Ryan said Flames swept through the West Warwick club, the Station, in a matter of minutes It could not be immediately determined whether the club's owners, brothers Jeffrey and Michael Derderian, have received subpoenas Attorney General Patrick Lynch has said he does not believe the Derderians have cooperated with investigators, but spokesman Mike Healey said Tuesday: "We're not pitting the band against the Derderians "This is a tough, very, very tough process and the families and the impacts of this thing are rippling throughout the state," Carcieri said Ryan said the grand jury could find the club owners and the band committed "affirmative acts" that caused the deaths â€â€? the band by using pyrotechnics without a permit, and the Derderians by failing to make sure no fire hazards were present Maybe the issue is not which one to charge, but what to charge both with," said Donald Bliss, president of the National Association of State Fire Marshals and the New Hampshire fire marshal Edward Ryan Jr Band publicist Byron Hontas said the musicians are cooperating with authorities and expect to testify early next week The band has said it received approval to use the special effects, but the club's owners have denied giving permission Their attorney, Kathleen Hagerty, did not return calls Tuesday, and the attorney general's office declined comment The governor also said there was a discrepancy between the number of people reported missing and those confirmed dead, and search crews using dogs were expected to go over the charred ruins again to look for bodies That means a jury will determine Jackson's guilt or innocence based on the evidence presented to it, their letter states The Supreme Court is deciding whether to hear the case and has asked both sides to submit arguments by Friday The letter alleged the former attorney, Mark Geragos, used those shows to share "his own belief in the 'factual innocence' of his client and the 'greed-motivated' purpose of the victim's family to 'shake down' Mr The prosecutors said they were submitting the letter in response to a request from news organizations, including The Associated Press, to lift the gag order One sealed document â€â€? the bench warrant for Jackson's arrest â€â€? was released Thursday "And that's the way it should be," they said " Prosecutors have attempted to keep secret many developments in the case "The notion that public information should be limited in cases where public interest is the highest offends First Amendment values They said the court-imposed gag order was important to maintain an untainted pool of potential jurors Attorney Theodore Boutrous, who represents the news organizations, said he would respond in writing Friday Michael Jackson Prosecutors Back Gag Order May 13, 9:12 PM EST Ripping the news media for pandering to a "gossip-hungry" audience, Santa Barbara County prosecutors urged the state Supreme Court to uphold a gag order in the Michael Jackson child molestation case " Geragos remains bound by the gag order despite leaving the case last month Sneddon and Franklin argue the gag order so far has succeeded in keeping facts that ultimately could be presented to a jury out of the public eye That warrant had been kept sealed because court officials tried to keep news of Jackson's indictment a secret until his April 30 arraignment, where the singer pleaded not guilty to charges of child molestation and a conspiracy count involving allegations of child abduction, false imprisonment and extortion "What is reported as 'fact' becomes the nucleus of intense speculation, conjecture and discussion among commentators, particularly in the tabloid media, and the audience they appeal to," District Attorney Thomas Sneddon and Deputy District Attorney Gerald Franklin said in their letter to the court, filed Thursday His appearance at the arraignment made the warrant unnecessary In an interview, he said the prosecution's attack on the news media access was unusual "The district attorney has staked out an extraordinary and extreme position that flatly violates the First Amendment," Boutrous said Jackson They also noted the Jackson case has generated intense public interest and is a constant focus of the tabloid and mainstream media That order bars anyone connected to the case from talking about it Sneddon and Franklin wrote they initially sought the gag order to stop what they viewed as the "unseemly and prejudicial enthusiasm" of Jackson's former defense lawyer for talking to television talk-show hosts such as Larry King and Geraldo Rivera |
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