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Lawyers: Evidence Clears Three In Deutsche Fire

NY Daily News 8/27/09

Lawyers for three construction supervisors charged in the deaths of two firefighters at the Deutsche Bank want access to grand jury minutes they say clears their clients, according to papers filed Wednesday.

The documents filed in Manhattan Supreme Court claim prosecutors did not have two FDNY reports containing "critical exonerating evidence" when the case was presented to the grand jury.

The reports show that 90 industrial fans sucked air from the 17th floor, where the fire started, to the 14th floor, where firefighters Robert Beddia and Joseph Graffagnino were found - providing proof they died of smoke inhalation and not as a result of the supervisors' negligence, the papers claim.

Jeffrey Melofchik, a safety manager for general contractor Bovis Lend Lease, and Mitchel Alvo and Salvatore DePaola, supervisors for subcontractor John Galt Corp., were indicted in December 2008.

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