WARWICK –– A private fire investigator for family members of some of the five victims of a Buttonwoods Avenue house fire will be allowed on the property Monday afternoon.
The ruling in Kent County Superior Court Thursday resulted from a petition
filed Monday by lawyer Daniel P. McKiernan on behalf of Donald and Rhonda
Lackey of
Lackey, Amanda L. Villeneuve, 21; Villeneuve’s 7-month-old daughter
Annabelle; Villeneuve’s fiancé and Annabelle’s father, Daniel Janik 20, of
The compromise agreement prohibits everyone except investigators from going onto the property. Lawyers will be allowed to conduct a deposition of an official provided from the city and state fire investigation when it is completed. The agreement does not require other depositions. Copies of public records pertaining to the property must be delivered to the court by 4:30 p.m. Friday and be sealed.
Before the agreement was entered into the record Thursday, eight lawyers met in a 40-minute conference with Judge Daniel A. Procaccini. McKiernan, Patrick Barry and David Morowitz represented the Lackeys; Robert Brady represented Lynn C. Gaulin, who is the mother of Amanda L. Villeneuve; and Robert Flaherty and John Mahoney represented property owners James and Susan Weeden, who are grandparents of Amanda Villeneuve. Solicitor Peter Ruggiero represented the city and Richard B. Woolley represented state interests.
The petition sought to allow the private fire investigator, Vincent P. Calenda, onto the property “to assist in the investigation of potential civil claims arising from” the fire. It also requested documents and sought recordings of 911 calls. It also sought to evaluate fire protection and code compliance, to depose fire investigators and crime lab experts and to depose Weeden for the names of contractors and suppliers who may have worked on the house.
The city asked the court to deny the petition on several grounds. “Civil investigators at the site may cause contamination, spoliation, disturbance and/or a variety of other actions to impair, interfere with and damage the ongoing investigations by the city law enforcement and fire prevention agencies currently investigating the site to determine the origin and case of the fire,” the objection said.
City Fire Marshal Peter J. Marietti asked in a letter that the petition be denied until the city and state investigation is concluded.