Fair director: Sugarland wouldn't delay concert

INDIANAPOLIS (WISH) - Just a day after IOSHA fined the Indiana State Fair Commission for its failure to adequately prepare for emergencies; commissioners met and discussed the fine. The chairman told the board they had already paid the fine, created a new position to handle emergency management and trained staff in evacuation procedures.

Just a month before this collapse, state fair leaders took part in a drill in which lightning, hail and high winds interrupted the Sugarland concert.

It was an eerie harbinger of the disaster to come, and IOSHA leaders say a sad irony that even following a drill so similar to the actual disaster, state fair officials were still woefully ill-prepared. IOSHA leaders fined commissioners $6,300 for that lack of preparation.

Neither Andre Lacy nor the state fair's executive director, Cindy Hoye were available to answer questions following the commissioner's meeting. But Hoye was forced to talk to attorneys during a recent deposition. 24-Hour news 8 obtained part of the transcript of that deposition in which Hoye answered questions under oath about her actions the night of the collapse. When asked why she didn't delay the concert, Hoye blamed Sugarland, saying she twice asked the band to postpone the concert.

The attorney asks, "So the second request to delay the show was refused by Sugarland?"

Hoye answered, "Correct."

24-Hour News 8 has obtained a copy of that contract with Sugarland. It states it's agreed and understood "the decision to cancel any engagement due to weather conditions shall be made by the artist or artist representative at his discretion."

Attorneys representing those killed and injured say the contract and Hoye's testimony strengthens their case against the band.

"Certainly as of this point forward, it appears that the facts are bearing out as we thought they would and Sugarland is an appropriate defendant," said Tony Patterson, an attorney representing several victims.

24-Hour News 8 contacted Sugarland's manager to get the band's side of the story. We left several messages for Kelly Russell of Sandbox Management. She has not returned our repeated calls.

Despite the fact the contract appears to give Sugarland the authority to make a final decision to perform, the Department of Labor told 24-Hour News 8 it believes the state fair executive director ultimately had the authority to delay the show. Clearly, this is a matter that will likely be decided by the courts.