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Re: Club Owners



----- Original Message -----
From: "Dave Faneuf" <tklaundry@juno.com>
To: <billings@suscom-maine.net>
Cc: <tklaundry@juno.com>; <boston-radio-interest@bostonradio.org>
Sent: Saturday, February 22, 2003 7:04 PM
Subject: Re: Club Owners


> Dave wrote:
> Actually we really don't know that his statement wasn't a completely
> accurate one.  Jeff did say that he answered questions for law
> enforcement and that they are cooperating fully with the investigation.
> It is not unusual for investigators to tell witnesses/suspects etc not to
> talk to anyone about the investigation is it not?   So Jeff could have
> been  saying can't because he was told by law enforcement that he could
> not.  I think you are assuming it was just a legal opinion from his
> personal attorney, something that I fully expect that his attorney agreed
> with.

The owner didn't say anything about law enforcement telling him not to
answer questions.  He said he "can not answer questions due to the ongoing
investigation."  Even if law enforcement did tell him that they didn't want
him to answer questions, his lawyer would have told him that law enforcement
has no power to keep him from talking to the press.  As a reporter, I'm sure
Jeff knows that anyway.  Many cops would like the news media to rely on them
as their only source but there is no law keeping private parties from
talking to the press.

It is not true that the owners "can not answer questions."  Not in their
best interest to answer questions, sure.

> Not necessarily, I would expect that criminal charges will probably be
> filed against both the band and the club for reasons I have stated
> earlier (any legal type wanna chime in?).  The band ignited the
> pyrotechnics...no permit... the club should have known that the band was
> planning to use pyrotechnics by virtue of the wiring etc that was
> involved, something that could have hardly been overlooked when the
> roadies were setting up

 The criminal charges would be against the individuals involved.  If one of
the owners had reason to know that pyro was going to be used, the theory you
describe might work.  I was assuming that they had an employee responsible
for such things.  I saw reference to a stage manager in some stories.  I
would think that person would be more likely on the hook criminally.

-- Dan Billings, Bowdoinham, Maine