Dec 10, 2008 6:51 pm US/Eastern
Report: FDNY Won't Be Charged In Deutsche Fire
NEW YORK (CBS) ―
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The Former Deutsche Bank Building at Ground Zero. The Fire Department of New York has issued a report that details a litany of problems at a fire here one year ago that killed two firefighters.
Gregg Geller
After a year-long investigation, it appears the city and state will not be charged in the fire at the Deutsche Bank Building near Ground Zero that took the lives of two firefighters. Instead, it's reported, the Manhattan District Attorney will be going after those responsible for the demolition.
It was in August of 2007 that the Deutsche Bank building, while being demolished, caught fire, killing firefighters Joseph Graffagnino and Robert Beddia. During the investigation that followed, it was thought by many that city agencies, including the Fire Department and Buildings Department, would be charged.
A published report says District Attorney Robert Morganthau has decided against it.
While Morgenthau would not confirm the current grand jury investigation, the Daily News reports that charges of manslaughter will be sought against the subcontractor doing the demolition, and 14 individuals who filed false documents – not against the FDNY.
"It's very disappointing; very disappointing," says Linda Graffagnino, Joseph's widow.
Mrs. Graffagnino says if the FDNY failed to properly inspect the building, as required, the department should face criminal charges.
"I think from top to bottom, every agency, there was total systemic failure from top to bottom," she says.
FDNY Commissioner Nicholas Scoppetta, who said his office is negotiating with Morganthau, would not say if his department will acknowledge some level of guilt.
"We have said from the very beginning, as soon as the investigation began, that inspections that should have been done, weren't done," he says.
Mrs. Graffagnino says that without city agencies getting prosecuted, she will be prepared to sue in civil court – not for the money, but for some level of justice.
Sources close to the case say indictments are expected within the next few weeks.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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