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Deutsche Bank Firefighters Died in 'Perfect Storm' of Errors, Defense Says

By DNAinfo Staff on June 14, 2011 8:46pm

By Shayna Jacobs

DNAinfo Reporter/Producer

MANHATTAN SUPREME COURT — Firefighters battling a 2007 massive blaze at the former Deutsche Bank building were destined to perish in a "perfect storm of terrible circumstances," a defense attorney for one site worker said Tuesday. 

Summations in the trial of three demolition and abatement workers charged with causing the deaths of a pair of trapped firefighters at the Aug. 18, 2007 fire on began on Tuesday in Manhattan Supreme Court.

In the morning's closing arguments, Edward Little, who represents Jeffrey Melofchik, a site safety manager for general contractor, said the tragedy was inevitable in the hazard-ridden death trap of a building, but not the fault of the workers.

"Nothing could have happened except that firefighters were going to die and it's not the fault of the defendants. It's not the fault of the fire department. It's not the environmental people's fault," Little argued.

"Nobody foresaw this perfect storm of terrible circumstances," he added.

Prosecutors say the single reason firefighters Robert Beddia, 53, and Joseph Graffagnino, 33, died were because the FDNY could not get water to the burning floors of the building.

Melofchik along with abatement workers Mitchel Alvo and Salvatore DePaola, ordered the emergency water supply, or standpipe, to be dismantled in the basement because it was contaminated and they wanted to pass the asbestos inspection quickly, prosecutor said. 

They face manslaughter, criminally negligent homicide, and other criminal offenses.

Little argued there was no evidence that the workers even knew the standpipe was not working and that they'd have been "insane" to not fix it it had they known. 

He said the problems for Beddia and Graffagnino were compounded by the "negative air system" which pulled air and thick smoke toward them.

They were also trapped in the heavily cluttered work zone without light or

"There is no proof beyond a reasonable doubt that if they had water this would have been any different," Little argued.

Closing arguments are expected to continue through Wednesday. The jury is slated to begin deliberations on the case against DePaola and Melofchik as early as Thursday.

Alvo and the John Galt Corp. abatement company, which was charged as an entity, opted for a bench trial and will be have their fates decided by Manhattan Supreme Court Judge Rena Uviller.