Three demolition supervisors blamed in the deaths of two firefighters at Ground Zero’s Deutsche Bank building will go on trial for manslaughter January 18, a Manhattan judge ordered today.
In setting the trial date — which will fall two and a half years after the fatal fire –Manhattan Supreme Court Justice Rena Uviller rejected the three defendants’ arguments that factors beyond themselves contributed to the heavy smoke and lack of water blamed for the two deaths.
Prosecutors have blamed defendants Mitchel Alvo, Salvatore DePaola and Jeffrey Melofchik for allegedly knowing about, but never repairing, a 42-foot long breach in the only standpipe available to relay water to the upper floors.
Firefighters Robert Beddia and Joseph Graffignino died of smoke inhalation on the 14th floor after a stray cigarette three stories up started a fire in the debris-strewn building.
“The Grand Jury reasonably inferred that the defendants were in a supervisory role and were aware of the prevailing hazardous conditions; that they were aware of the critical importance of a functioning standpipe as the only source of water in the event of a fire,” the judge wrote in her decision.
“Further, that each of them either personally participated in disabling the standpipe and/or were aware it had been disabled and took no action for the nine months preceding the fire to repair it; that their conduct was a gross deviation from the standard of care a reasonable person in their positions and with their responsibilities would have observed,” the judge wrote.
The defendants had argued that others shared in the blame, including the FDNY for repeatedly failing to make mandatory, every-15-days inspections of the standpipe, sprinklers and related safety conditions.