Defense attorneys planned to put [Denis P. Larocque] on the stand to show that he overlooked the foam. They believed the information would have helped shift the burden of responsibility away from the Derderians, said Kathleen Hagerty, who represents [Michael Derderian].

Hagerty also said that the defense would have presented evidence that Larocque had inspected The Station six times after the foam was installed but never cited the Derderians for having flammable foam in their club. He did cite the brothers for having a club door "which was covered with foam" with a broken panic bar. Hegarty said the only way to open the door was to put your hand through the foam and push the panic bar.

That's all wrong, [Patrick C. Lynch] has said. He maintains his office never offered the deal, and that Judge [Francis J. Darigan Jr.] inserted himself into the process and set the terms of the sentences over Lynch's objections. Darigan has said that when the prosecution and defense could not reach agreement despite weeks of haggling, he decided how the plea would be resolved.