MY BLOG: North Port Sun article (March 18, 2009)

Tuesday, March 24, 2009

North Port Sun article (March 18, 2009)

What can I say? Not much I can say. But, I thought I'd put this out there for you to read. I would like to thank Elaine for emailing me the evening before this was printed. That was very considerate and greatly appreciated. She warned me about some of what was going to be in the article. Thank you, Elaine. It helped me be emotionally prepared when I read it.

King's lawyer files motion to have evidence thrown out in Lee case

ELAINE ALLEN-EMRICH

North Port Community News Editor

SARASOTA -- Michael King's attorney is trying to have evidence and King's alleged confession to the Jan. 17, 2008, kidnapping, rape and murder of Denise Amber Lee thrown out before his August trial begins, saying her client's rights were violated.

Assistant Public Defender Carolyn Schlemmer is trying to block the death penalty against King being sought by the state, according to a recently filed motion.

Following an evaluation of King, 37, the state asked that he be examined by a second doctor. The documents show the first physician, Dr. Mary Elizabeth Kasper -- selected by King's attorney -- found King "incompetent to proceed with the upcoming trial."

Schlemmer wrote that King's rights were violated shortly after he was arrested on Interstate 75 off Toledo Blade Boulevard near where the 21-year-old's body was found Jan. 19. At the time, police observed King's pants were soaking wet and saw a shovel in his car.

Minutes after he was handcuffed, King said he would like to speak to an attorney, according to the 11-page document detailing King's questioning on the night of the incident.

At the same time, numerous law enforcement agencies were on a massive manhunt for Lee.

Earlier in the evening, police dispatchers in North Port received four different 911 calls relating to Lee's kidnapping, including one Lee made from King's cell phone when he got out of his car to allegedly borrow a gas can, flashlight and shovel from his cousin, Harold Muxlow Jr., while in North Port.

Schlemmer wrote that instead of clarifying King's request for an attorney, North Port detectives took him on a "ride-along," searching for Lee while questioning him. She added that King's rights were "clearly violated" as his Miranda rights were not read to him until hours after he was taken into custody.

She wrote that police obtained information illegally when asking about injuries or bruises on King's body. She asked to suppress the information during the trial.

According to documents, Schlemmer alleges police also illegally searched and seized evidence after breaking into King's North Port home. Schlemmer wrote that hair strands reportedly belonging to Lee, pieces of duct tape and hair ties, bedding, carpeting and clothing were illegally removed from the home before police had a search warrant. Therefore, this information should not be used against King.

"At the time of the illegal entry into Mr. King's house, there was no evidence that any crime had been committed in his house," Schlemmer wrote, referring to police officer's reaction to a 911 call Jan. 17 from Sabrina Muxlow -- King's niece -- who reported her father, Harold, was concerned King might do something harmful to a woman in his green Camaro.

North Port Police Detective Chris Morales maintains the department "didn't do anything wrong."

"That's false," he said Tuesday, regarding the accusations of the department's method of questioning King. "It's (interviews with King) all on video."

Schlemmer said none of the information gathered from Muxlow should be allowed in court.

According to documents, police "circumvented" King's rights by allowing Muxlow to come to the police department and identify the items King borrowed.

The state is seeking the death penalty for King in this case. However, King's attorney wrote that lethal injection is "unconstitutional." She cited cases where lethal injection didn't immediately kill a prisoner. The anesthetic wore off and caused five to seven minutes of "unnecessary pain," the report said.

King's trial is set for August.

E-mail: eallen@sun-herald.com

Attn: Cell Phone Users

I'm adapting this from a pamphlet Mark picked up from the California NENA conference out in San Diego.

When Dialing 9-1-1 From Your Cell Phone

1. Call only for immediate emergency assistance - medical, fire, or police.

2. Be prepared to provide your location and any essential information the dispatcher may need.

3. Stay on the line until told to hang up. You may be transferred to another agency.

added edit

Cell phones cannot "text" 9-1-1. During the Virginia Tech massacre, many students tried texting 9-1-1 because they were afraid the killer would hear them.

Do not assume 9-1-1 can find you when using a cell phone. Cell phone signals go to the nearest "available" tower.

IMO, always call 9-1-1 in an emergency unless you are sure others have already called.

And, IMO, if you are distraught, if possible have a neighbor or other family member call 9-1-1 for you. They will most likely be able to listen and give clearer instructions.

Help Reduce Unnecessary Calls

Use non-emergency numbers for your local law enforcement agency when you do not need immediate assistance.

If medical, fire or police are already on scene, it is not necessary to call 9-1-1 again. Instead, call a non-emergency number if you have additional information and witnessed the incident.

Do not call 9-1-1 for non-emergecy incidents (i.e., requesting road conditions, asking why traffic is backed up, requesting driving directions, or other similar reasons). Be prepared; contact your local FHP (Florida Highway Patrol) office directly, using a non-emergency number.

Use or maintain a landline at home and at work for 9-1-1 calls, as the dispatcher is more likely to get accurate location information from a landline.

Using 9-1-1 in non-emergency situations prevents critical emergencies from being attended to.

DID YOU KNOW?

Almost everyone in the U.S. owns a cell phone and some households do not use a landline at all. Consequently, hundreds of thousands of wireless 9-1-1 calls are made daily nationwide.

Far too many cellular 9-1-1 phone calls, both non-emergency and repeat calls for the same incident, are tying up the 9-1-1 phone system. This results in unnecessary busy signals, disconnects, and delays in dispatch time for ture 9-1-1 emergency calls.

Not every 9-1-1 call is answered by your local law enforcement agency. Cell phone providers try to calculate you approximate location using cell towers or satellite positioning. If they cannot, the call will likely default to the Florida Highway Patrol and then be transferred to the appropriate agency. This means that non-emergency or repeat calls are wasting critical minutes or dispatchers' time.

If you call 9-1-1 from you cell phone or an inactive phone, your phone number and location information may not be available to the dispatcher. Know your surroundings (street address, landmarks, mileposts) when calling 9-1-1. This will save valuable seconds in an emergency.

Avoid accidental 9-1-1 calls

Accidental cell phone calls can congest the 9-1-1 phone system. Accidental calls occur when the phone is placed in a pocket, belt clip, or purse, and a pre-programmed emergency button is bumped. Even a locked phone can dial 9-1-1.

Help Avoid Accidental Calls With the Following Tips

Do not hang up on an accidental 9-1-1 call. Inform the dispatcher that the call was an accident before you hang up.

Do not pre-program 9-1-1 into your or your child's cell phone's speed dial. This can lead to accidental calls.

Teach your child how and when to dial 9-1-1 from a cell phone. Train them to press 9-1-1 and the "send" button only in an emergency.

Even cell phones without active service can dial 9-1-1. Take batteries out of cell phones before recycling them or giving them to a child to play with.

Don't call 9-1-1 to check to see if you cell phone works. 9-1-1 is to be used for emergency calls only.

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Tuesday, March 24, 2009

North Port Sun article (March 18, 2009)

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Attn: Cell Phone Users