Attorneys for Jeffrey and Michael Derderian — the owners of the Station nightclub in West Warwick, Rhode Island, where 100 people died in a fire sparked by a pyrotechnics mishap — have requested the dismissal of 200 criminal counts of involuntary manslaughter filed following a nine-month grand jury probe.

In court papers filed Monday, the Derderians' lawyers allege state prosecutors withheld evidence from the grand jurors who meted out the indictments against their clients, The Associated Press reports. The motion comes more than a week after defense attorneys learned that an eight-page fax — sent anonymously to the prosecution's office three months after the February 2003 Station fire — was composed by the salesman who sold the Derderians the foam that fueled the nightclub inferno (see "At Least 96 Dead At Rock Show Fire").

The salesman, Barry Warner, wrote in the fax that Johnston, Rhode Island-based American Foam Corp. did not warn customers of the foam's potential safety hazards, including the material's flammability, according to the AP.

Attorneys for Jeffrey and Michael Derderian argued in court papers filed Monday that jurors should have been told about the fax. The prosecution claims that the author of the fax wasn't known until earlier this month. Once Warner's identity was revealed, the document was provided to the defense, the AP reports.

In the fax, which was signed "knowledgeable source," Warner wrote that American Foam "did not want to lose a sale by telling the truth," and added that customers were never warned the foam was flammable. Last week, American Foam's general manager told reporters that Warner's claims were bogus.

This latest development in the Derderians case is significant, given the basis of the grand jury's December 2003 indictment. The grand jury found that the club owners were negligent and willfully installed illegal, flammable foam insulation, hence creating the unsafe conditions that led to the blaze (see "Great White Manager, Club Owners Hit With Criminal Charges"). Daniel Biechele, Great White's former tour manager, was also indicted on 200 counts of involuntary manslaughter, two counts for each of the fire's victims.

Derderians' lawyers have maintained that their clients were unaware the foam was flammable or that it violated the state's fire code.

"Essentially, the prosecution suppressed evidence that might have been important to the grand jury to hear before they reached their decision about an indictment," Jeff Pine, Jeffrey Derderian's attorney, told the AP. "And that's not only troubling, but we feel it's the basis for a motion to dismiss at this point."

A spokesperson for the state attorney general's office said prosecutors were still reviewing the defense motion, and would not comment on the filing.