Deutsche Fire Families Outraged As
Government Agencies Are Not Charged
NY Daily News 12/10/08
|
Joseph Graffagnino Jr. |
The families of two firefighters killed in the Deutsche Bank blaze blasted Manhattan prosecutors Tuesday for deciding not to indict government agencies responsible for keeping the building safe. As first reported Tuesday afternoon at NYDailyNews.com, the Manhattan district attorney's office won't charge the city or state in the August 2007 blaze, three sources close to the investigation said. Instead, prosecutors plan to bring manslaughter charges against a mob-tied subcontractor, John Galt Corp., and corruption charges against 14 individuals hired to demolish the toxic tower, the sources said. Firefighters Joseph Graffagnino Jr. and Robert Beddia died in the fire. District Attorney Robert Morgenthau is negotiating with the city to make some admission of guilt, including acknowledging the Fire Department failed to inspect the building every 15 days, as required. "Just taking [16] months and millions of documents and thousands of man-hours, and at the end saying, 'Let's make a deal?'" asked an incredulous Joseph Graffagnino Sr. "Why did you waste a year and a half on this sham of an investigation and not do anything?" Questioned by reporters, Mayor Bloomberg confirmed that "we're negotiating with the district attorney" but declined to offer specifics. "I don't think anybody thinks that anybody willfully caused their deaths," the mayor said. "We, the LMDC [Lower Manhattan Development Corp.], the state, the contractors, everybody who was involved, we didn't do everything we could have, because if we had done that, these two brave firefighters would be alive." Investigators quizzed dozens of government and private-sector workers responsible for safety inside the tower under oath. The city spent $4.53 million through September on an outside law firm, Kramer Levin Naftalis & Frankel, records show. The 40-story tower was under demolition when a fire erupted in its upper floors on Aug. 18, 2007. Firefighters discovered a standpipe had been cut, stairwells were blocked with plywood and rooms were sealed with plastic tarps, creating a dangerous maze. More than a year later, none of the agencies that were supposed to inspect the tower - including the Fire Department and the Department of Buildings - will be directly implicated, the sources said. The Graffagnino family's lawyer, John Meringolo, said he still hopes prosecutors "will indict in the interests of justice all culpable parties, no matter how big or how small." Beddia's sister, Barbara Beddia Crocco, was "devastated" when told this week Morgenthau had decided not to pursue charges the city and state agencies or the general contractor, Bovis Lend Lease, family lawyer Michael Barasch said. "She was so upset," he said. "They had 3 million documents, and so much time went by that her expectations were that more would come of this. This was not the outcome she was looking for." Dan Castleman, Morgenthau's top deputy, called The News story "premature" and declined to further comment. A law enforcement source said the decision not to indict the public sector is due to a legal principle known as sovereign immunity, under which prosecutors would have to prove a city employee's actions directly caused the firefighters' deaths. "The problem with indicting anyone in the city is that the city itself has sovereign immunity," the source said. John Galt's president, Gregg Blinn, did not return a call. The company's lawyer, Peter Driscoll, declined to comment, stating, "You know a lot more than me." The city has also agreed to set up an independent agency to make sure major projects overseen by multiple agencies are adequately monitored. |
|
Robert Beddia |
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DA Charge Mob-Tied Sub-Contractor John Galt Corp. With Manslaughter NY Daily News 12/9/08
Manhattan DA To Charge Deutsche Bank Subcontractor With Manslaughter NY1 News 12/9/08
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