Monday, September 27, 2010
Bill Cameron article yesterday's paper (please do not elect this man again)
By CHRISTY ARNOLD
Projects Editor
Palm Beach County became too “helter-skelter” for Shepard Yarger.
“It was too violent,” said the registered sex offender.
Yarger, 69, grew up in Sarasota County. His parents owned property in Charlotte County, and Yarger eventually settled in Rotonda West.
Yarger committed a sex offense on a minor, according to the Florida Department of Law Enforcement, and he isn’t the only registered offender to relocate to Charlotte County.
In fact, 60.8 percent of the offenders living in Charlotte County committed their crimes elsewhere, according to data provided by the Florida Department of Law Enforcement. It’s a different story in neighboring Sarasota and DeSoto counties, where 45 percent and 46.2 percent of offenders’ crimes were committed outside their respective communities.
“This is one of those statistics any community is not going to be proud to wear,” said Charlotte County Commissioner Robert Skidmore.
While calling laws that regulate residency for sex offenders “silly laws (made) out of emotion,” Charlotte County Sheriff Bill Cameron said he isn’t concerned.
“That’s not an alarming number for me,” Cameron said of the 60.8 percent of out-of-town offenders living in Charlotte.
Only 39.7 percent of Charlotte’s offenders are home-based criminals. Once again, it’s different in Sarasota and DeSoto, where the majority of their registered offenders are locals.
Stephen J. Waughn is another one of the transplanted sex offenders living in Charlotte.
Waughn, 46, moved to Punta Gorda after being released from the Idaho Department of Correction in 2003.
“My folks — they’re really old,” Waughn said of the reason for relocating.
Aging parents long has been a reason for relocations to Charlotte County, where the average age of its residents often makes it one of the grayest communities in the country. The median age in Charlotte is 50.9, according to 2009 Census figures. Nationally, it’s 36.7. DeSoto’s is even younger at 36.3. Sarasota’s isn’t much younger than Charlotte’s, at 50.
Charlotte boasts beautiful waterways, affordable housing (compared to other coastal communities), good weather — all the ingredients necessary for an ideal retirement. It’s been the place where the average, to slightly above-average, still can retire near the water.
There are tools Charlotte could use to make the community less hospitable to sex offenders.
The state mandates that sex offenders/predators cannot live within 1,000 feet of a school, park, playground or day-care facility. This is applicable to offenses committed on a child younger than 16 and after the date of Oct. 1, 2004.
Some communities have extended that offender-free zone.
Glades and Hendry counties, along with the city of Cape Coral, have local ordinances preventing offenders from living within 2,500 feet of schools, day-care centers, parks, etc. Lee County’s ordinance expanded its zone to include pools, YMCAs, libraries, etc.
Charlotte, Sarasota and DeSoto have no local ordinances beyond state law providing additional or extended buffer zones, according to the Florida Department of Corrections.
“The more you restrict, obviously it is more difficult for offenders to find places to live,” said Gretyl Plessinger, spokeswoman for the Florida Department of Corrections.
Skidmore, Commissioner Tricia Duffy and Commission Chairman Bob Starr independently said they plan to talk to County Attorney Janette Knowlton about considering a local ordinance for Charlotte County.
“I would be in favor of doing anything to add a layer of protection,” Starr said. “We don’t want to be the sex offender capital of Florida.”
Opposing an ordinance
Charlotte’s top law enforcement official won’t support an ordinance further limiting places where sex offenders can live.
“I think the existing laws are fine,” Cameron said. “I’m not in favor of anything more restrictive. You’re going to force them somewhere else.”
Miami-Dade County created problems when it expanded the state’s 1,000-foot offender-free zone to 2,500 feet. That restriction in a much more congested community led to lawsuits, homelessness, noncompliance and recidivism.
Imposing Miami-Dade’s restriction locally would affect fewer than a handful around each elementary school. Deep Creek and East elementary schools have no sex offenders currently living within a half-mile. Kingsway has two; Liberty has four; Myakka River has three, including one who is a predator; Neil Armstrong has three; Peace River has three; Sallie Jones has two, including one who is a predator; and Vineland has one.
Defense attorney Mark De Sisto said his sex-offender clients haven’t had difficulty finding places to live in Charlotte County.
Even if the county were to expand that buffer to 2,500 feet, De Sisto said he still doesn’t see it leading to homelessness.
“I think there still would not be a problem (finding housing),” De Sisto said. “The more temptations you keep away from them, the better for society and for them. It’s like putting a beer in front of an alcoholic.”
Cameron, however, feels sex offenders already have it tough by being labeled, listed on a registry and limited as to where they can live. He also used an example of a teacher having a sexual relationship with a student. The teacher goes to prison, loses his ability to teach and can’t get a job “for the rest of his life,” Cameron said.
He referred to sex offender status as a scarlet letter.
“It’s the one crime you can never pay the price for,” Cameron said.
Expanding the buffer
Punta Gorda Police Chief Albert “Butch” Arenal essentially has driven out more than a dozen sex offenders from the city through his sexual offender monitoring program.
“I can’t think of a more important or critical responsibility,” Arenal said. He “absolutely,” would support a city ordinance expanding the state’s buffer zones.
Punta Gorda has worked hard to develop a more sophisticated image after Hurricane Charley.
“One thousand feet is not that far,” Arenal said.
John Wright, president of the Punta Gorda Chamber of Commerce, was surprised to hear about the large percentage of out-of-town sex offenders living in Charlotte.
“I do find that alarming and something that needs to be investigated,” Wright said. “It’s not good PR for Punta Gorda or Charlotte County.”
Skidmore has spent a lot of time working to bring tourists and jobs to Charlotte County. He, too, doesn’t want to attract sex offenders to what has been regarded as one of the best places to live and retire in America.
“I definitely don’t want any laws that appear weak or inviting (to offenders),” Skidmore said.
Recently, Charlotte County was tested when someone reported a possible child abduction near Neil Armstrong Elementary School in Port Charlotte.
Who was investigated first? The nearby registered sex offenders. And there are 53 of them living within a 2-mile radius of the school. Of those, 48 committed crimes against minors.
“It was a very good drill for us,” Cameron said. “I’d rather be accused of doing too much.”
But, he said, not all of those offenders should be bothered.
“Nothing says that a sex offender is dangerous,” Cameron said.
A sex offender could be a “Romeo and Juliet” type, meaning an 18-year-old boyfriend with a 15-year-old girl. “It does not fall into the same category as the wicked uncle (with a toddler),” Cameron said.
He also cited adults molesting relatives as another less-dangerous threat to the community.
“Does that person pose a danger to a stranger?” Cameron asked.
His counterpart in Punta Gorda has a slightly different outlook.
“I can’t think of a greater threat to the community than those type of offenders,” Arenal said.
Skidmore, Starr and Duffy all plan to investigate whether imposing a local ordinance would make Charlotte less hospitable to sex offenders.
“
I think we need to do all we can to protect our children,” Skidmore said.
E-mail: carnold@sun-herald.com
Where Charlotte County’s sex offenders are from
• 60.8 percent committed crimes outside Charlotte County.
• 39.7 percent committed offenses in Charlotte County.
• 33.3 percent committed offenses outside Florida.
• 16.9 percent committed crimes in other Southwest Florida counties.
• 10.6 percent committed offenses in another part of the state.
• 1 percent were federal offenses.
Where Sarasota County’s sex offenders are from
• 45 percent committed crimes outside Sarasota County.
• 58.3 percent committed offenses in Sarasota County.
• 22.4 percent committed offenses outside Florida.
• 4.5 percent committed crimes in other Southwest Florida counties.
• 17.3 percent committed offenses in another part of the state.
• 0.7 percent were federal offenses.
Where DeSoto County’s sex offenders are from
• 46.2 percent committed crimes outside DeSoto County.
• 56.9 percent committed offenses in DeSoto County.
• 15.4 percent committed crimes outside Florida.
• 13.8 percent committed crimes in other Southwest Florida counties.
• 16.9 percent committed crimes in another part of the state.
— These statistics are compiled from the registered sex offenders’ information provided by the Florida Department of Law Enforcement. Some offenders committed crimes in numerous locations.
http://www.yoursun.com/sunnews/puntagorda/1484657-352/sunnewspapersareanumbersreflectfewerrestrictions.html.csp
Friday, December 18, 2009
Chief Terry Lewis and the North Port Police Department
Anyhow, now North Port has their own 9-1-1 tragedy. Brian Wood was seen outside his truck last Friday evening. He appeared in distress. A young couple drove to the nearest 7-11 and called 9-1-1 on a payphone. The young man, Mark Macinski Jr, did not get the name of the street properly. He knew it began with "love" but could not remember whether it was Lovebird or Lovesong. But he had directions to the spot. He gave them to the call taker. She said the system does not work that way and she could not find a road beginning with "love". The next day in the early evening, Manisci went back. The road was "Lovering" and the man was still there. 18 hours later and he was now dead.
The similarities of the cases are how tragic they are. The loss of life. The breakdown. Something gone wrong. Another person dead due to 9-1-1 inefficiencies. Who is at fault? Some blame the caller for not going back yet he was uncomfortable going back. He was not sure of the danger. Others blame the call taker. Others blame the supervisors. All I know is we have to do something because people are dying.
The differences? The most glaring difference in my opinion is the leadership. Having worked with Chief Lewis throughout Denise's case, we have great confidence that he will do the right thing by finding out what went wrong and doing something about it unlike Charlotte County who still does not admit doing anything wrong.
God be with you, Chief Lewis, and give you guidance, courage and strength to do the right thing.
What would I do? I would probably not fire the call taker. But, I would remove her from the 9-1-1 center and transfer her to a different job. Having listened to the 9-1-1 call, I really do not think she should be in there accepting calls. Unlike the call taker in our case, Millie Stepp, who had received previous reprimands for not using the CAD appropriately, it appears this call taker has an unblemished record. So, transfer her. Not all people are cut out to be call takers. But that's just my opinion.
Saturday, November 21, 2009
quote from Vern Buchanan
"The abduction and murder of Denise Amber Lee of North Port was a horrific crime," said Congressman Vern Buchanan (FL-13). "The fact that her death could have been prevented makes it all the more tragic.
"Most of Florida's 911 calls are handled correctly, but any mistake can mean the difference between life and death," added Buchanan. "Standardized training and testing for 911 operators and dispatchers is a worthy concept that could help save lives in the future."
There have been several articles this week in the paper and i have not had the time to post them all.
from today's Sun papers. I'm so grateful that Rick spoke up.
Charlotte Sheriff Speaks Out
CHARLOTTE COUNTY -- One week after learning Denise Amber Lee was found dead in the woods, then-Charlotte County Chief Deputy Bill Cameron says he went on TV and apologized to Denise's father, Rick Goff, and her widower, Nathan Lee.
Cameron, who was not the sheriff at the time when Denise was murdered on Jan. 17, 2008, was second in command to then-sheriff John Davenport.
Since becoming sheriff in 2008, Cameron says it's simply "not true" that the Charlotte County Sheriff's top brass has not told the families "countless times" they regret the loss of Denise and admitted mistakes were made leading up to her death.
"We have been painted as heartless monsters by Nathan Lee," Cameron said following the kidnapping, rape and murder of Denise, a 21-year-old North Port mother of two young boys. Her father, Goff, is a 25-year veteran with the Sheriff's Office.
Cameron was with Davenport at a Jan. 24, 2008, press conference that was called because the CCSO said the media kept reporting incorrect details of Denise's murder.
Davenport told the media several reported facts regarding a 911 call from eyewitness Jane Kowalski of Tampa weren't true.
On the night of Denise's death, Kowalski called 911 after seeing a dark Camaro with someone she described as a child in the back seat banging on the window and screaming.
She gave the CCSO call taker details of every cross street the suspicious vehicle passed. She also described the driver -- later identified as Michael King -- and the left turn he took onto Toledo Blade Boulevard back toward North Port. Denise's body was found buried off Toledo Blade two days later.
Following an Internal Affairs investigation, CCSO telecommunications staff members were disciplined for not dispatching the 911 call to North Port police officers already on a massive citywide manhunt for Denise and the Camaro.
Believing CCSO telecommunications didn't follow protocol, Nathan notified the CCSO he intended to sue for negligence and wrongful death on behalf of himself, Denise's estate, her two young sons and Denise's parents, Rick and Susan Goff.
In October, his attorney filed the lawsuit at the Charlotte County Justice Center in Punta Gorda.
Nathan has held several news conferences since Denise's death. After filing the lawsuit, he said he "never" received an apology for the critical information not reaching deputies on the night of his wife's murder.
Cameron said he couldn't speak for Davenport, but said he did apologize to the family and gave Rick and Nathan $100,000 collected by Sheriff's Office employees last year.
"After the press conference we held (on Jan. 24, 2008), we heard Rick Goff was upset because we did not apologize," Cameron said. "That wasn't the reason for the press conference, but I understood Rick was upset. After the press conference ended, I found a reporter from SNN and publicly on television, I said the Sheriff's Office was very sorry for what had happened."
Goff said he saw Cameron on SNN but didn't consider his remarks "real" because he was told the four people from the CCSO who wrote the speech didn't think to include an apology during the press conference.
"I was told by the (then) sheriff that sheriffs don't make a habit of apologizing," Goff said Friday.
Since Jan. 24, 2008, "I've apologized many times," Cameron said. "It was an emotional time for the Sheriff's Office. This is our family. Nate Lee is not our family, but Rick Goff is. This agency was devastated. We love Rick Goff."
Cameron said Nathan has "kicked us in the teeth."
"(Nathan) hired a public relations firm and is trying to win a lawsuit," he said. "Some of what has been done has been calculated by the firm."
Cameron said this week that Davenport apologized to the family in a "Dateline NBC" interview that aired in June 2008.
Davenport was shown twice during the hour-long special, but transcripts indicate he did not apologize to the family. He was asked if the botched 911 call was a missed opportunity, and he answered "certainly it was."
But Davenport said in the interview the handling of the call may not have changed the outcome that night. He said the assumption that Charlotte County "screwed up" and could've saved Denise's life is wrong.
If his department could be accused of anything, the sheriff told "Dateline," it would be trying too hard that night.
"Because it was one of our own (Rick Goff), and we knew it, and all the resources were being sent, it was chaos. It was stressful. I mean, in the course of trying to do too much, frankly, I think they missed the call," he said.
Davenport also told "Dateline" there was "no punishment" he could ever give the operators that they're not already facing themselves and living with every day.
"They feel terrible about this. Terrible," Davenport said to "Dateline." "I have total confidence in people that have been involved in this. I truly do. And they've been under pressure many times before. But they didn't make the mistake. This time they did. We all have."
Nathan said despite Davenport admitting mistakes were made, the CCSO continues to create obstacles for him, even before he filed the lawsuit.
He said the CCSO gave him a heavily redacted Internal Affairs report from the telecommunications employees suspensions. Nathan said he needed the report before filing the lawsuit. He also found out "Dateline" had obtained a "clean," unredacted copy of the document.
After taking the CCSO to court over the issue, the CCSO attorney told him to file a lawsuit to receive a clean copy. A judge agreed.
Cameron said he was "unaware" that "Dateline" ever requested a copy of the investigative report.
"Legally, we have to redact protected information about the case," Cameron said. "(Kowalski's) information has to be protected. At the time of Nathan's request, King was still being tried in court. It was an ongoing investigation. Rick works here. He could come in and see the report whenever he wants."
Nathan claims Kowalski wanted people to know who she is because she has gone on "Dateline" and other national TV shows to tell her story. She also testified in court during King's trial.
"That doesn't matter," Cameron said. "The law says we have to redact that part of the report. We told Nathan's attorneys that if they had any questions about the redacted information, that we would answer them."
Next, Nathan said the CCSO filed a motion last week to have the wrongful death lawsuit thrown out of court. Court records show the CCSO believes the agency didn't have to protect Denise any differently than any other citizen. However, on the day of the murder, the North Port Police Department issued a "be on the look out" for Denise two hours before Kowalski's call came into the CCSO dispatch center.
"I don't want to get into a fighting match with the sheriff," Nathan said. "It's tough for Rick because he works for the Sheriff's Office and he's part of my family. He loves his grandsons and his daughter so much.
"I expected the CCSO would try to block the lawsuit because they don't want to pay for their grievous incompetence," he added. "I just think the taxpayers need to know that their money is going to fight our family. The CCSO's actions speak louder than their words."
Cameron said he couldn't discuss the lawsuit, but the Sheriff's Office is supportive of Goff.
"Rick and I stay in touch all of the time," he said. "After this happened, I was with Rick and Nate the whole weekend. I kept them up to date with everything we knew."
During King's two-week murder trial in September, Cameron showed up for 25 minutes one day to support Goff. That's the last time Goff said he saw or spoke to Cameron.
Cameron maintains his agency "worked hard" to help with the details and police work needed to bring King to justice. A judge will sentence King to either death or life in prison in December.
"We worked closely with the North Port Police Department and other agencies to bring the case to a successful close," Cameron said. "You won't hear about that because our agency has been painted like the bad guy."
The Sheriff's Office recently lent support for proposed legislation by state Rep. Ken Roberson, R-Port Charlotte, for a 911 mandatory training bill he is confident will pass next year.
Cameron said he has been working with Roberson for "a long time" in drafting the proposed legislation.
According to CCSO spokesman Bob Carpenter, "the sheriff has been in Tallahassee a few times before, giving input on this legislation."
E-mail: eallen@sun-herald.com
By ELAINE ALLEN-EMRICH
North Port Community News Editor
Saturday, November 14, 2009
Today's Sun Herald by Elaine Allen-Emrich
As to the article and Bill Cameron all I can say is "friggin' unbelievable".
Sheriff's Office Wants Lees Lawsuit Thrown Out
Published on: Saturday, November 14th, 2009
PUNTA GORDA -- The Charlotte County Sheriff's Office has asked that the civil lawsuit Nathan Lee filed against the agency a month ago in the death of his wife Denise be thrown out of court, according to court documents filed this week.
The CCSO states the case should be dismissed with prejudice and asks for Lee to pay court fees.
In the 13-page motion, the Sheriff's Office claims no responsibility for Denise Amber Lee's death due to a "mishandled" 911 call because her murder was committed by a third party -- Michael King.
The motion states, "Absent a special duty to protect a person from being victimized by a criminal act, a governmental agency's duty to protect a citizen is a general duty owed to the public at large, and any actions taken in fulfilling that responsibility will not be subject to scrutiny by way of a suit for damages."
A court hearing has not been set yet in the case..
Lee maintains that a 911 call taker and dispatchers failed to send any help for his wife on Jan. 17, 2008, after an eyewitness, Jane Kowalski, called to report suspicious activity in the vehicle next to her while she was driving south on U.S. 41 in Charlotte County. Denise, 21, had been kidnapped by King from her North Port home and was blindfolded and bound in the back seat of his Camaro, which was traveling near Kowalski's car.
In a detailed, nine-minute call, Kowalski told a 911 call taker that the person in the Camaro's back seat was screaming and slapping the window. King turned left on Toledo Blade Boulevard, and Kowalski was unable to follow.
Denise's body was found two days later in a wooded area off Toledo Blade.
Lee claims the botched handling of the 911 call in the CCSO dispatch center helped lead to Denise's death. He says employees proved "severe incompetence" in handling the 911 call and "breached their duties" by incorrectly performing numerous operational acts -- including failing to timely air BOLOs about King's Camaro from the North Port Police Department to deputies, failing to communicate the information from Kowalski, failing to timely log her call into the system for 12 minutes after the call was made, and failing to dispatch the information from the call.
"I just think people who live in Charlotte County should be concerned that (the CCSO) are saying they had no duty to protect Denise," Lee said Friday. "It's so unbelievable to say."
Charlotte County Sheriff Bill Cameron was named as the defendant in Lee's 17-page wrongful death lawsuit. Although Cameron was not the sheriff at the time -- John Davenport was -- Lee is required to name him on behalf of the Sheriff's Office for legal purposes, said his attorney, Patrick Boyle of Frankfurt Kurnit Klein & Selz.
Boyle said he expected the Sheriff's Office to fight the suit "every step of the way."
"It's common for challenges in most civil cases," Lee agreed.
The civil suit doesn't specify an amount Lee is seeking. State law allows only $200,000 to be awarded in a settlement of such a suit, but a jury can award more.
The CCSO conducted an Internal Affairs investigation following the incident. Two dispatchers were suspended for not following protocol.
The sheriff's motion filed this week states Lee's lawsuit puts a spin on the 911 call, saying that because Kowalski called 911 and alerted law enforcement about the situation, she didn't take any further action to help Denise (because she expected the Sheriff's Office to respond timely) -- "thereby increasing the risk of harm faced by Mrs. Lee."
In the call, Kowalski gave specific street names and explained that King turned onto Toledo Blade. She told the operator she didn't follow him because traffic was too heavy. Kowalski pulled over and asked that someone follow up with her.
The operator indicated in the call that the vehicle was headed toward Interstate 75.
Denise's body was found less than a mile from the Interstate. King was pulled over as he entered I-75 nearly three hours after Kowalski's call.
The CCSO motion also contends that no special relationship existed between the Sheriff's Office and Denise compared to anyone else in the general public -- meaning she wasn't entitled to any special protection.
The CCSO suggests the agency is only liable when a special relationship exists if employees make promises to provide assistance "uniquely responsive to someone, and the person relies upon those assurances to his detriment," according to the motion.
Jurors recommended the death penalty for King in September. A Sarasota judge ultimately will decide his fate in December.
E-mail: eallen@sun-herald.com
By ELAINE ALLEN-EMRICH
Friday, November 13, 2009
Today's Herald Tribune
Here's an article from today's paper by Jason Witz with the Herald Tribune.
Sheriff's Office wants Lee suit thrown out
By JASON WITZ Correspondent
Published: Friday, November 13, 2009 at 1:00 a.m.
Last Modified: Thursday, November 12, 2009 at 11:58 p.m.
CHARLOTTE COUNTY - Nathan Lee's wrongful death lawsuit against the Charlotte County Sheriff's Office should be thrown out because the agency gave no specific promises it would protect his wife, a motion released Thursday stated.
In a 13-page motion filed in Charlotte County circuit court, lawyers for the Sheriff's Office argued that 911 workers did not make "assurances to provide assistance uniquely responsive" to a key witness who reported seeing Denise Lee with her captor.
The motion asks a judge to dismiss Nathan Lee's lawsuit seeking damages from the Sheriff's Office in the murder of Denise Lee after her January 2008 kidnapping and rape. A hearing date for the motion has not been set.
The Sheriff's Office contends it would not be liable in Lee's death because no "special relationship" existed with her compared with the general public.
Although the operation of a 911 communication system is part of law enforcement services provided to the public, the agency is liable only when a special relationship is created, the motion states.
The Sheriff's Office contends that such relationship would exist only if, through employees, it makes assurances to provide assistance uniquely responsive to someone, and the person relies upon those assurances to his detriment, according to the motion.
Without that relationship, the attorneys contend, a governmental agency's duty to protect a person cannot be subject to a suit.
Lawyers say there is "no factual basis" to suggest any Sheriff's Office employees made any special promises during its 911 call with Tampa resident Jane Kowalski, who saw Denise Lee in the back of her abductor's car, near the Charlotte-Sarasota County line, pleading for help. Call takers failed to alert deputies, who were patrolling nearby.
Nathan Lee's suit accuses Sheriff Bill Cameron and his employees of being negligent in investigating the abduction of Denise Lee and contributing to her death.
Denise Lee, 21, was later found buried in a shallow grave in North Port, a few miles from where Kowalski had seen her in the car driven by unemployed North Port plumber Michael King, who awaits sentencing for his conviction for murder, kidnap and rape.
Lee is seeking a jury award of more than the statutory limit of $200,000. He said the motion seems contrary to the motto "To serve and protect."
"I'm just extremely frustrated," he said.
The Sheriff's Office is arguing it "had no duty to protect Denise," Nathan Lee added. "I definitely think the citizens of Charlotte County should be concerned about that."
Cameron said the agency would not comment.
Sheriff's Office lawyers say Kowalski was never told to take any action other than observe King's vehicle, court documents show.
But Lee's suit alleges that the Sheriff's Office's handling of Kowalski's call prevented her "from taking other action to help Denise Lee, thereby increasing the risk of harm faced by Lee."
Link:
http://www.heraldtribune.com/article/20091113/ARTICLE/911131037
Monday, October 19, 2009
Tomorrow's Sun Paper
By ELAINE ALLEN-EMRICH
North Port Community News Editor
Tuesday, Nathan Lee and Jane Kowalski are scheduled to appear on "Good Morning America" to talk about life after the 2008 kidnapping, rape and murder of Nathan's wife, Denise Amber Lee.
Nathan recently filed a wrongful death and negligence lawsuit against the Charlotte County Sheriff's Office, alleging the handling of 911 call made by Kowalski was botched by CCSO dispatchers, leading to Denise's death.
The 21-year-old mother of two was abducted from her North Port home Jan. 17, 2008, by Michael King, who raped and murdered her. The 38-year-old was convicted on Sept. 4. Jurors unanimously recommended the death penalty, which a judge will decide later on this year.
Kowalski, of Tampa, testified during King's trial that she saw him driving a dark-colored Camaro with someone screaming and slapping the window in the back seat on the night Denise was kidnapped. After she called 911 to report the strange incident, call center staff did not dispatch deputies to Toledo Blade Boulevard, where Kowalski saw King turn off.
Denise had been trapped in King's car. Her body was found buried off Toledo Blade two days later.
"They called me to be on the show and tell Denise's story," Nathan said Monday. "I've always said Denise did not die in vain. She would want me to do this to help prevent anyone else from being hurt, and to fix the 911 system."
Following Denise's death, Nathan, his family and friends created the Denise Amber Lee Foundation to strengthen the 911 system and create universal, mandatory training for all call takers. Lee has been to 10 states talking representing the foundation telling Denise's story and lobbying for minimum standards for training, protocol and equipment for all call centers.
"Good Morning America" begins at 7 a.m. on ABC, Comcast channel 7.
This isn't the first time Nathan has been on national TV promoting a "much needed" 911 overhaul. He's also been on the "Dr. Phil" show and "Dateline NBC."
Denise's story is also featured in this month's Reader's Digest. The article, by Michael Crowley, cites several examples of "911 Calls Gone Tragically Wrong," including an Orlando woman who called 911 after she was kidnapped. In that case, the operator lectured the woman for not telling him where she was during the call. Her ex-boyfriend shot and killed her before turning the gun on himself, Crowley wrote.
The article leads off: "One afternoon in January 2008, Nathan Lee returned home from work to find his two little boys crammed into the same crib, crying. Their mother had left behind her cell phone and purse and disappeared."
The article goes on to state: "A spate of recent cases reveal shocking flaws in our national emergency response system -- at a cost measured in lives."
E-mail: eallen@sun-herald.com
http://sunnewspapers.net/articles/llnews.aspx?articleID=14696&bnpg=o
Saturday, October 17, 2009
Sun Paper editorial today
OUR POSITION: There are no defensible reasons for Charlotte County to engage in a long, ugly battle in the Lee family civil lawsuit.
We see four good reasons the Charlotte County Sheriff's Office should move as quickly as possible to settle the wrongful death and negligence lawsuit brought by the family of Denise Amber Lee:
* It is the right thing to do.
* We look very bad.
* It may well cost more in the long run.
* Some small good may come of all this.
Nathan Lee filed the long-expected lawsuit Wednesday, a month and a half after a jury in Sarasota found Michael King guilty of kidnapping his wife, Denise, from her North Port home, then raping and murdering her. The jury also recommended the death penalty for King.
The question of the culpability of the Sheriff's Office remains, though. From all evidence so far, we can only conclude that the 911 dispatch center terribly botched a call from an eyewitness that might have saved Denise Lee's life. Nathan Lee contends the breakdown in communications showed "severe incompetence." We can't argue otherwise. Whether it was a matter of improper protocol or operator error, the bottom line is that we -- that is, the Sheriff's Office acting on our behalf -- bear some responsibility.
From the beginning, the Sheriff's Office has reacted to public accusations of wrongdoing with a defensive stance that only seemed arrogant and offensive. That has been counterproductive. It rubbed salt in a deep wound. It was wrong.
As Nathan Lee told the Sun's Elaine Allen-Emrich Tuesday, "The Charlotte County Sheriff's Office should be our biggest ally in trying to fix the 911 system, but instead they just want to fight us every step of the way."
He is right, and we need to put a stop to this as soon as possible.
For one thing, it's simply the right thing to do. We need to admit that we bear some responsibility.
A protracted civil court battle will only compound past mistakes. It prolongs the pain for the family. It makes us look even worse than we already appear. The longer we fight, the higher the legal bills. The county is in the position of fighting an extremely sympathetic plaintiff. A jury might always chose to "send a message" with a harsh judgment. There is no defensible reason to string this along until a last-minute jury drawing, a common legal tactic. There is no reason to believe the Lee family would accept one at that point.
Instead, the Charlotte County Sheriff's Office should:
* Work on a swift settlement. The sooner the better.
* Admit responsibility for mistakes and apologize.
* Agree to become a working model for top-flight 911 emergency operations.
* Work with the Denise Amber Lee Foundation in its effort to reform and improve emergency call standards nationwide, including higher levels of mandatory training for call takers.
We need to admit errors, reach a fair settlement and embrace change. We need to do the right thing. It would help to create a proper legacy for a young woman whose life might have been spared if the department had done its job properly. It could bring something good and decent from this horror.
link: http://sunnewspapers.net/articles/edStory.aspx?articleID=445936
Thursday, October 15, 2009
Denise Amber Lee Timeline January 17, 2008
For those who have already read this, please, forgive my repeating the story. I've written several time lines for several different people. I can't remember who knows what. And, so, I'm writing as much as I can down here. So, that it's clear and if anyone wants to dispute any of it, they can. What I'm about to write is part what we experienced and part of what I got out of the Charlotte County Sheriff's Office Internal Affairs report. No part of my timeline has come from the newspapers because as we learned from them erroneously printing about Denise being at the post office, newspapers can be wrong. I'll try to be as objective as possible and not let anger seep through.
Here goes:
The last time Nathan talked to Denise was just shortly after 11AM. His last words to her were "I love you".
Nate was working for the Florida Power and Light Company as a meter reader. His days started early by leaving the house so early it was still dark out. Denise and the boys would still be sleeping. Noah had just turned two years old. Adam was 6 months old and still being breast fed.
They had been over Mark's and my house the evening before. We had dinner together. After dinner Mark and Nate worked at the dining room table going over Dave Ramsey's "Total Money Makeover" book. They were working on a budget. Nathan had been working evenings as well as for FPL. He worked at Winn Dixie stocking shelves whenever he could. He played trumpet in the evenings for the Venice Symphony when they had concerts. He played every Christmas at our church. During the summer he would umpire Little League games for $50 a game. So, Denise didn't get out much. She stayed home with the boys.
Because she was quiet and shy or maybe just because she loved Nathan so much, she rarely went out without him. That and the two babies were and still are a handful for one person to lug around. She wrote a beautiful passage on her myspace the previous August about going to the mall and trying to purchase sunglasses. You'll have to check out her and Nate's family myspace page. www.myspace.com/leefamilyndn It's speaks of what kind of a mother she was. Her babies always came first.
Here's the story I'm talking about quoted from myspace:
Wednesday, August 15, 2007
The joy of having two boys...
Today I thought it might be fun to take the boys to the mall... by myself. It started off really well. Noah and I ate lunch in the food court while Adam slept. I let Noah go on one of those rides that cost 75 cents. Then we went to Old Navy. Noah started getting a little hyper and wouldn't stay with me so I had to hold him and push the stroller at the same time. At the check out both of them started crying. Adam was hungry so we went back out to the car where I fed Adam ('cause he's breastfeeding) and Noah played in the car rolling the window down. Finally we went back in the mall and I let Noah play in the play area so I could get a chance to just sit. Noah was knocked down twice by older boys running around wild. Of course then Adam needed changing and I couldn't take my eyes off of Noah or else he'd run out of the play area. So I put them both on the changing table and changed both their diapers. Fun fun. Then we went to JCPenny. I was trying on sunglasses when Noah tried to run away. So I had to carry Noah while trying on sunglasses and then Nathan called. Both of the boys start crying once again so I put Noah down and picked up Adam. Noah thought it would be funny to try to run away again. So i caught him while holding Adam and put Noah in the stroller. An old man commented that I must have my hands full and said he checked in the bottom basket of the stroller to make sure I didn't have a third one in there. LOL, can you imagin if I had three? So I finally bought my sunglasses and we went home. Something so simple as going to the mall to buy new sunglasses is a thousand times harder when you have two boys under two. But it was still fun. Anytime I get to leave the house is a treat for me.
We also have a few new pics of the boys. I made a new album of Noah and Adam and there's a couple new ones in Adam's album. Check 'em out.
Denise
As far as I know she didn't leave the house that day. Nate says she gave Noah a haircut out on the lanai. And when he got home around 3:30PM her clothes were laid out as if she was getting ready to take a shower. She had probably just laid the babies down for naps. When Nate arrived home he found both babies in the same crib. That was odd. Noah's voice was hoarse. All Denise's belongings were still there, cellphone, purse, keys etc... But no Denise. The windows were shut but not latched. Nathan and she had spoken earlier about opening the windows to save on air conditioning bills. January in Florida is one of the best times weather wise in Florida. And living so close to the coast we have some wonderful breezes. So, the windows being closed without the air on was also odd. It was stuffy. Searching frantically for Denise, Nathan called Sue (Denise's mom) first to see if she knew anything. Of course, she didn't and he immediately called 9-1-1 to report Denise missing. Then he called Rick and Rick went into action.
Normally in a missing adult case, they wait to start searching. There's usually a credible explanation as to why the person is not there or the person has left willingly. Rick and Nate both stressed, of course, that this wasn't the case. That there was just no way Denise would leave her kids. So, I believe, in deference to Rick, the North Port Police Department took this more seriously than they probably would normally have. (that's just opinion on my part). Rick works for the Charlotte County Sheriff's Office and has for the past 25 years. It had to be terribly frustrating for him to watch the neighboring agency handle the case. But Nate and Denise lived in North Port which is in Sarasota County. So North Port had jurisdiction.
I have already written in an earlier blog how Mark called me and my mad rush to get out to the house. I was at work and my phone was turned off so I was missing calls. Finally Mark called on the store phone. Sue had already picked up the babies. So, I stayed with Nate. You could see Rick's frustration with the NPPD. You could see NPPD 's frustration with Rick. In a word? It was heartbreaking. Nathan was a suspect. A helicopter was overhead. It was getting dark. The thoughts that run through your head. We all knew (our family knew) that there was no way Denise would leave willingly. It was just impossible. Doubts enter but they are quickly brushed aside. Because we knew her. And, she worshiped the ground Nathan walked on and those babies were her life. Nathan I believe, wanted me to leave to help Sue with the boys but I wouldn't. I kept my distance and didn't want to be in the way. But, I so wanted to be there for my baby. I can't describe the pain and agony on Nathan's face. On Rick's face. It's damn difficult watching your son's world fall apart.
Sometime around 4:20PM (I'm estimating times because I don't have the report in front of me. If I'm way off, I'll correct later but I've got this stuff pretty well memorized. I live it over and over again) NPPD requested a K-9 from the Charlotte County Sheriff's Office. This is the first time the CCSO 9-1-1 center became aware that Rick Goff's daughter is missing and that the children may have been involved.
At 3:30PM the CCSO had sent it's Teletype operator home early as to save paying overtime. At 4:59PM the first BOLO (Be On the Look Out) is broadcast over the Teletype from North Port mentioning a green Camaro, a description of the suspect and Denise. They give her name, age, haircolor etc... The next door neighbor had seen a green Camaro cruising up and down their road and then parked in Nathan and Denise's driveway.
Now since the Teletype operator went home the dispatchers were to monitor the Teletype every 5 or 10 minutes. Sadly, this BOLO was ignored.
At 5:38PM the CCSO says they issued their own BOLO but oddly, it's not in the CAD system which would have notified the deputies in the field immediately on their computers. The CCSO deputies were all over the place along the Sarasota County/Charlotte County border. But they don't know what they are looking for and they are frustrated they don't have any leads. Again, they never saw this BOLO and testified to that. Also, this BOLO isn't listed on a pass on log the call takers and dispatchers read when coming on duty. It lists what's going on, BOLOs etc... after reading it the on coming squad initials it. I have a copy of it. There is no BOLO listed as being sent out at 5:38PM by CCSO. (Oddly the summary of the I/A report says it was sent out at 5:31PM just one of many discrepancies in the summary). So, what do we have here? Deputies unaware and the dispatchers being unaware that Denise could be in a green Camaro. 2 other BOLOs sent across the Teletype are also ignored from North Port. One at 5:58PM and one at 6:46PM. So, IMO, there's no way that Teletype was being monitored. Now is this the dispatchers fault? I don't know who's fault it is. But obviously the time between 3:30PM and 6:45PM were critical for Denise.
Interestingly a call taker (Millie Stepp) testified she knew about the green Camaro but only because she heard about it over a Sarasota County radio. The supervisor of the 9-1-1 had been busy patching radios through to North Port. This takes close to an hour to do.
Okay, so deputies from the CCSO and Rick out at the house aren't aware of the green Camaro lead (maybe Rick is but he's assuming the Teletype is being monitored and the information is getting out). He's pacing and begging for information.
Then Sabrina Muxlow's 9-1-1 call comes into Sarasota County and she describes what her father told her. This is around 6:00Pm. She says her dad saw her cousin with a girl tied up in the backseat of the car and that the girl screamed "call the cops!" You'd think this guy would call the cops but no...... It's his cousin. And instead he lends him a flashlight, a gascan and a shovel. And 20 minutes later instead of calling the cops, he calls his daughter.
hmmm... deep breath here.
Then something truly miraculous happens. At 6:14PM the Sarasota County 9-1-1 center received a call from Denise herself. She has somehow managed to get the suspects cell phone and call 9-1-1. Sweet brave smart girl. She dupes him into thinking she's talking to him all the while giving information to the call taker. She indeed confirms that she's been taken against her will and that she's in a green Camaro. Her call lasts 7 minutes. Until it's abruptly ended with Michael King looking for his phone.
Now things at the house are starting to happen. Rick and CCSO Sgt Floyd Davis listen to Denise's frantic call. Rick confirms it's indeed her. My heart breaks for him thinking of his having to listen to it. But he heard her fighting and he must have been damn proud of her. Her call ends around 6:22PM and Floyd Davis calls the CCSO dispatch and requests a BOLO to be sent out immediately to look for a green Camaro. Finally, at 6:36PM the CCSO dispatch issues it's first documented BOLO telling their deputies (who have been waiting for this) to look for a green Camaro. All along for the past hour and a half they could've been looking for it but didn't know to.
At 6:30PM Jane Kowalski is watching Denise's hand pound the back window of the dark Camaro and hears her screaming bloody murder. She calls 9-1-1 but because she's crossed the county line she reaches the CCSO 9-1-1 center. It is the only 9-1-1 call in reference to Denise that the CCSO 9-1-1 center receives. The call lasts 9 minutes but no car is ever dispatched to the location Jane has described. Jane waits to hear from the CCSO but never does.
The 9-1-1 supervisor testifies "she didn't really know what was going on".
We at the house, are unaware of this call. Jane not only sees Denise's hand and makes eye contact with Michael King, she gives the CCSO call taker cross streets. On the 9-1-1 tape you hear the call taker is rattled, not in control, asking for direction from a supervisor and completely at sea as to what to do. Instead of entering information in the CAD immediately the way she was trained to do, so the deputies can see the information in their cars on their computers, she writes it down on a piece of paper and yells it across the room.
At the same time, Sgt Davis is on the phone with one of the dispatchers requesting the BOLO I mentioned earlier. The dispatcher tells him a little about the call Millie is in the process of taking. She asks Sgt Davis if the Camaro is blue. Sgt Davis says no, he believes it's green but tells her to call the NPPD to confirm. She never does. I don't know why not. It was not asked in the report. She also fails to mention to Sgt Davis that there's another person in the car in re to the phone call Millie's taking. He testifies "if she had, things would have turned out way different".
Also, at the same time the new shift comes on duty. They all initial a pass on log listing the incidents that are occuring or have occured. Updating them as to what is going on. Sadly, none of the 3 BOLOs North Port issued over the Teletype are listed. Neither is the supposed BOLO the CCSO sent out at 5:38PM. They testify that all they knew going in was that Rick Goff's daughter was taken, that maybe children were involved and that K-9 was requested. It was never asked in the report what the on coming supervisor knew or was told considering the other supervisor "didn't know what was going on" because she says "she was patching radios".
I can't tell you what is going on with Denise at this time. I don't honestly know. I assume she's on her way to her final destination. She had been torn away from her children, taken to the suspect's home, brutally raped and terrorized but still kept enough presence of mind to snatch his phone, call 9-1-1 and in a last ditch effort, take off her precious heart ring Nathan had given to her so that he could later identify it. She saved her kids and handed the prosecution their case on a silver platter.
What a hero.
Another BOLO is issued by North Port over the Teletype sometime around 7. From Denise's 9-1-1 call to Sarasota County they glean information on Michael King, where he lives, etc.... That information along with the tag number is in the this BOLO.
Oddly, the CCSO doesn't respond to this BOLO until 8:15PM when they finally issue their own BOLO. The first mention in the CAD system about looking for a Camaro is at 7:02PM and it says gray. I figure Denise is gone by then.
At 9:15PM or therabouts, a CCSO patrol car spots the Camaro and it's Eddie Pope, with the FHP, that stops it and arrests King. There is no Denise.
I don't know what time the search was called off that night. I had Noah spending the night. And kept him the next day while hundreds of people met to search for Denise. Many from FPL are turned away. Mark described to me walking hand in hand with others and being given little red flags to place where they may spot a clue. The searchers search at the end of Salford Blvd because that's where Michael King suggests they look. They still know nothing of Kowalski's call to the CCSO 9-1-1 center telling them he was last seen with Denise in the car turning east on Toledo Blade. They are at the same time searching a small area on Toledo Blade not far from where they arrested King. The CCSO's silence in this matter is unconscionable in my opinion.
I imagine if they would have known about Kowalski's call maybe the bigger search effort would have been along Toledo Blade and not Salford. I imagine her not having to spend an extra day and a half in that shallow grave, naked and exposed to the Florida elements longer than she had to. Or us suffering that day and half agonizing over what happened to her for longer than we had to. The only thing that could possibly account for this silence is cover up. And if it wasn't cover up, it was gross negligence.
There was negligence in how they handled the BOLO's and the Teletype as well. Maybe the thought of possibly losing their Teletype machine for not monitoring it appropriately and being caught silenced them. I don't know. But they knew.
When they called off the search early Saturday afternoon we assumed they had found her but we still don't know where or how or in what condition. There is still a glimmer of hope she's still alive. Shattered but alive. But, no, we're officially informed it was her around 4PM.
deep breath here
She was shot in the head.
I really can't go on. There were several other tragic errors the CCSO made that night. The piece of paper the call taker had written on had been handed to one of the dispatchers who didn't believe her radio was working. But according to the CAD it is the entire time and she's on it. Millie testifies she yelled the info to Dispatcher A but Dispatcher A and Dispatcher B testify she yelled it to Dispatcher B. The supervisor testifies she didn't know what was going on. It was very shoddy work indeed.
We don't find out about Kowalski's call until the day of the viewing. That would be the following Tuesday. We're numb already and for me it didn't sink in right away. The only reason we ever found out about her call was because she persisted in calling the North Port Police wanting to help. They didn't know who she was. Finally they figured it out on Saturday the day Denise was found and had to "request" information from the CCSO. The CCSO wasn't going to give it to them.
Jane Kowalski's interview with the North Port Police Department. They are still not sure who she is.
http://www.heraldtribune.com/article/20090117/VIDEO01/901160374&profile=2414&template=video
We find out more from the I/A report but it takes reading it 3 times to figure it out. It's that convoluted and there are so many errors in the summary.
Then we find out that the woman leading the investigation was actually working as Director of Communications. She had been promoted to Internal Affairs just before but because Sherman Robinson was on vacation, she filled in for him.
We also find out that the CCSO treated Jane Kowalski with derision and disdain. They blamed her for giving them erroneous information. She said blue Camaro and said it was a child. They never even followed her up with a phone call.
Sweet sweet Denise. I'm trying my hardest baby to get the bigger, more important story out. I'm sure people are sick of reading about it, but I don't know what else to do. Somehow we must make people aware of what's going on at the CCSO. I just don't know how else to do it.
I really need to write next about all the good things that followed. All the people who came out in droves for your funeral. All the fundraisers. All the hugs and prayers. The on-line community (a piano forum) that raised $16K for the boys education. How everyone's hearts broke and are still breaking everytime your story is played on DateLine or PrimeTime. Of how our families have bonded and we're doing out bests for Nate, Noah and Adam. There have been thousands more angels than villains in this piece. You have your own tree now. And your own classroom! You may get a playground. So many people now look at you as a hero. I'll always remember you put those babies first. In the Catholic church I believe you would be considered a martyr and a saint. Your last thought of Nate and his ring. How your heart must have broke.
Monday, September 28, 2009
Friday, September 25, 2009
Judge Allows Sheriff to Hold Back Full Report in Lee Lawsuit
jbarron@wfla.com
Published: September 25, 2009
PUNTA GORDA - Nate Lee has to wait a little longer for answers about the mishandling of a 911 call in the January 2008 death of his wife, Denise.
This morning Charlotte Judge James Shenko granted a motion to dismiss a request by Lee for an unedited copy of the internal investigation into the Charlotte County Sheriff's Office 911 Center.
Judge Shenko cited a technicality when Lee's former attorney failed to file some paperwork on time as the reason he won't grant Lee's current request for discovery.
He recommended instead that Lee immediately file his lawsuit then come back to the issue.
The sheriff's office has admitted it messed up when dispatchers failed to alert deputies about a call from Tampa resident Jane Kowalski, a few hours after Michael King had kidnapped Denise Lee from her North Port home.
Charlotte 911 operator Mildred Stepp hand wrote the information instead of entering it into her computer. Stepp then yelled the details of the call to a pair of supervisors nearby.
Kowalski reported seeing a person in distress in the back of a car matching the description of King's Camaro detailed in a "be on the lookout" bulletin already sent to the sheriff's office.
Detectives now believe Kowalski was the last person to see Denise Lee alive. About a half-dozen deputies posted along Toledo Blade Boulevard between U.S. 41 and Interstate 75 never knew about Kowalski's call. Before King reached the interstate he pulled off, shot Lee in the head and then buried her in a 4-foot grave.
The sheriff's office launched an internal investigation after Kowalski called North Port police to ask why no one had followed up with her. Charlotte gave two employees minor reprimands. Stepp kept her job.
Today the sheriff's office argued about protecting a 911 caller's identity as one of the reasons for blacking out big chunks of the internal report. But Kowalski has spoken out several times on local and national television. A sheriff's office attorney also cited appeals in an ongoing criminal case.
A Sarasota jury recently convicted King and recommended he receive the death penalty for the kidnapping, rape and murder of Denise Lee. After erroneously calling Denise Lee by her middle name, Amber, attorney Bruce Jolly called Nate Lee's request for a clean copy of the report a "fishing expedition."
Lee's attorney, Patrick Boyle, pointed out the sheriff's office inconsistent behavior when it comes to the stack of public records. While Lee's copy of the internal report has large swaths of black marker blocking information, a copy given to a producer for NBC's "Dateline" show does not.
Boyle said the "Dateline" copy reveals a statement from a sergeant where he admits "standard procedure would have been to stay with the caller until a unit arrived on scene."
That didn't happen with Kowalski.
"We are in the untenable position of knowing negligence was involved but now knowing how," Boyle said to Judge Shenko. "Every piece of information and every scrap of paper is what we desire.
"Almost two years later we still don't have those documents."
Boyle wrapped up by saying, "There is nobody in this courthouse, nobody in this town, nobody in this state and probably half the people in this country that would argue there isn't a good faith basis for a lawsuit."
Judge Shenko then instructed Boyle to file the suit and fight again for the records. The sheriff's office captain responsible for redacting or removing much of Lee's copy of the internal report offered a small smile on the opposite side of the courtroom.
Lee left frustrated yet determined to find the answers he says his wife and two young sons deserve from Charlotte's public servants.
Reporter Jackie Barron can be reached at (813) 221-570
North Port Sun

Judge denies Lee's request for complete 911 report
By ELAINE ALLEN-EMRICH
North Port Community News Editor
PUNTA GORDA -- A judge ruled Friday against Nathan Lee's request to get a "clean copy" of the 2008 Charlotte County Sheriff's Office Internal Affairs report explaining the breakdown in communication between 911 call takers on the night his wife, Denise Amber Lee, was murdered.
Lee says he needs the report for a wrongful death lawsuit he intends to file against the Sheriff's Office.
Based on a technicality, 20th Circuit Judge James Shenko ruled that Lee's attorney's request for the unredacted Internal Affairs report -- with nothing crossed out -- was premature because it came before the end of the six-month waiting period legally required before filing a lawsuit. Had the request been filed in court after the Sept. 12 deadline, the judge would have ruled on the merits of both sides' arguments.
However, Lee's attorney, Patrick Boyle, argued that more than a year ago, the CCSO provided a reporter with the TV show "Dateline NBC" a less redacted copy of the report than the one Nathan was given after he announced his intention to sue.
"Dateline" paid more than $125 for a copy of the report after it was completed.
Nathan Lee retained an attorney last year and announced he was going to file a wrongful death lawsuit against the CCSO. However, the attorney failed to file the proper paperwork with the state on Lee's intention. Lee said he fired that attorney and had Boyle refile the documents.
Lee claims his wife, Denise, 21, could have been saved if law enforcement officials -- who were on a massive manhunt for her since about 4:30 p.m. Jan 17, 2008 -- would have known about the 911 call made by witness Jane Kowalski at 6:42 p.m. that same day. The call was never dispatched to officers.
Kowalski told a dispatcher she saw a person screaming and slapping a window in the Camaro driving next to her on U.S. 41. The car turned left onto Toledo Blade Boulevard and Kowalski was unable to follow. Denise's body was found buried off Toledo Blade two days later.
According to the IA report, a deputy should have met with Kowalski, who pulled into the Toys R Us parking lot in Port Charlotte during her nine-minute call. She even asked if there was a "be on the lookout" for anyone in the area.
Michael King -- the driver of the Camaro -- was found guilty in Denise's kidnapping, rape and murder in August. Jurors unanimously recommended the death penalty for King earlier this month. A judge will decide his sentence in October.
In court, Boyle said the IA report, which is a public document, included the names and specific information about "who did what wrong." However, more than 50 percent of the report provided to Nathan was redacted.
Boyle said the exact report given to "Dateline" is only slightly redacted. He said the report should only have small sections redacted, such as the 911 caller's personal information; instead, all of Kowalski's call and all other pertinent information from the call takers is blacked out.
The CCSO's Fort Lauderdale attorney, Bruce Jolly, told the judge it wasn't relevant that the document was a public record because Lee did not make a public record's request for it.
Jolly said in his 35 years as an attorney, he has only seen two requests for "pure discovery" -- completely unredacted documents -- before a lawsuit is filed.
"Who does this?" he asked the judge. "You don't need this to file. If you believe facts are arguably sufficient that this was neglectfully handled, than that's enough to get through the courthouse door."
Read more on this story in Saturday's Sun.
Saturday, September 19, 2009
Saved for posterity. Charlotte County CCSO grasping at straws IMO
CCSO, county, Lee has 'unclean hands' in lawsuit
Widower of murder victim still plans to file wrongful death suit
Nathan Lee said he wanted to wait until after the Michael King murder trial to seek damages against the Charlotte County Sheriff's Office for not helping to save the life of his 21-year-old wife, Denise Amber Lee, on Jan. 17, 2008, after she was abducted.
On Aug. 28, King was found guilty in Denise's kidnapping, rape and murder. On Sept. 4, jurors unanimously recommended the death penalty for King. A judge ultimately will decide his fate in October.
Nathan originally hired a law firm to file a wrongful death suit against the CCSO and Charlotte County, but the necessary paperwork was not filed with the state in a timely manner. Now, in recently filed court documents, county attorneys claim Nathan has "unclean hands" in not following procedures.
Nathan claims there were numerous procedural breakdowns at the CCSO and "severe incompetence" in the way the 911 call was handled on the night Denise was murdered.
County attorneys are asking a judge to block Nathan's request for an unredacted copy of a Sheriff's Office internal affairs investigation into the handling of that call.
The CCSO launched the internal affairs investigation several days after learning that Tampa resident Jane Kowalski called 911 to report she was at a traffic light on U.S. 41 and could hear someone banging on a window and screaming from the back of a Camaro, as she was leaving North Port and entering Charlotte County. Kowalski told the 911 dispatcher that the Camaro, driven by King, made a left turn on Toledo Blade Boulevard. Denise's body was found buried in a wooded area off Toledo Blade two days later.
However, none of Kowalski's information was sent over the airwaves or relayed to the North Port Police Department, which had launched a massive manhunt for Denise earlier that afternoon. Two call center workers received suspensions and additional training as a result of their actions that night.
Nathan said several law enforcement officers were in the area where King drove on the night he murdered Denise. Had law enforcement officers been given the information when Kowalski reported it, Denise may have been saved, he said.
North Port police learned about Kowalski only after she called the department explaining what she had seen two days earlier. She questioned why her information was not shared with North Port.
Nathan's original attorneys failed to file the proper paperwork with the Florida Department of Financial Services at the same time they notified Charlotte County during the mandatory six-month notice period before a suit can be filed. Florida law sets the maximum amount a plaintiff can collect from a government entity at $200,000. If the court awards more, the Florida Legislature must approve it.
"I have new counsel now," said Nathan, who was recently on "Larry King Live" talking about the botched 911 call. "We are following all of the requirements of the law."
However, because of the paperwork snafu, in recently filed court documents, county attorneys claim Nathan has "unclean hands" in not following procedures.
According to court documents filed by Nathan's new firm, Wotitzky, Wotitzky & Ross, "Charlotte County has cited no legal authority to support its proposition that Mr. Lee has unclean hands under these, or other circumstances. This argument is not only devoid of merit, but it is offensive and should be disregarded."
"I don't even know what they mean by saying I have unclean hands," Nathan said this week. "My wife is dead, my two boys don't have a mother, yet they say my hands are unclean."
County attorneys have blocked Nathan's attempts at receiving the CCSO internal affairs investigative report that he believes contains supporting details for his wrongful death lawsuit. Their motion states that CCSO officials say they have to protect Kowalski's identity and that they are not required to release information prematurely, as it is an "ongoing investigation." Further, the motion states, the county is not "liable for the death of Mrs. Lee."
Although Nathan's attorneys could still file the civil suit without having a copy of the report they requested, they are waiting for a judge to make a ruling.
In court documents, Charlotte County contends if Nathan wants to sue and needs the internal affairs investigation as part of the discovery -- evidence made available to both sides -- he should wait until after his suit is filed.
Instead of providing Nathan with a "clean copy" of the investigation, he says the CCSO gave him a "heavily redacted," or blacked-out, copy of the report, citing it as an ongoing investigation.
Nathan's attorneys claim the investigation was complete more than a year and a half ago and is "clearly not ongoing."
E-mail: eallen@sun-herald.com
By ELAINE ALLEN-EMRICH
Tuesday, August 11, 2009
There is a God
911 operator in Lee murder case calls it quits
Posted:Aug 11, 2009 6:11 PM EDT Updated:
Aug 11, 2009 6:20 PM EDT
NORTH PORT: A 911 call made during the search for murder victim Denise Amber Lee in January 2008 cast a dark shadow on the Charlotte County Sheriff's Office. Now nearly 19 months later, the operator who took the call that sparked an internal investigation is calling it quits.
"She asked for a transfer into a slightly less stressful position of a district clerk," Charlotte County Sheriff Bill Cameron said.
We obtained a copy of Mildred Stepp's one-sentence letter to her supervisor, Capt. Ronald Chandler, requesting the move. Cameron says her recent performance was under review.
"Just lately her supervisor has been working with her on some performance issues, and you can imagine it's been a stressful year for her," Cameron said.
Witness Jane Kowalski called 911, describing a man driving a dark Camaro down US-41 with someone screaming in the back seat. But the call center never dispatched a deputy.
Prosecutors say it was Lee and suspect Michael King in the car.
Husband Nate Lee has criticized the 911 call center, leading an effort to bring state legislation to streamline training for 911 operators.
"I think it's long overdue and I definitely think the citizens of Charlotte County are better off without her as a 911 operator," Lee said. "She was really the last person that had an opportunity to do something to save my wife."
The failed response led to suspensions and mandatory retraining by those involved with botching the call.
Kowalski's call is back in the public spotlight as part of the state's case against King.
On Monday, Circuit Judge Deno Economou ruled the 911 call could be played for jurors.
King's trial begins Monday with jury selection at the Sarasota County Courthouse.
Meanwhile, Stepp will still be taking calls as a clerk inside the district office at the Port Charlotte Town Center mall.
"Everybody sometime in there career needs a break," Cameron said. "I think that's Millie's asking for - a little break."
Tuesday, July 28, 2009
Saved for posterity "Letters to the Editor"
Not willing to sacrifice safety
Editor:
I hope Commissioner Duffy's colleagues join her in her support of Sheriff Cameron's budget.
The safety of our community and every family in it is at risk if further cuts are made. To reduce the budget further will mean layoffs. That, in turn, will mean increased response times.
Please ask yourself, "How long am I willing to wait for a deputy when I call 911?" Then ask, "Am I willing to take the risk that he or she might get there too late?"
I am asking everyone in Charlotte County to contact commissioners and deliver this message: We are willing to sacrifice many services due to the county's budget problems, but our safety is not one of them.
Jeff Jubenville
Port Charlotte
7/31/2009
Why are Charlotte costs so high?
Editor:
Having lived in Charlotte County for about 15 years, I have watched the typical government costs per voter rise by absurd annual rates with the new benefits provided bearing little relationship to same.
The Sheriff's Office is a blazing example of this, with new facilities and new vehicles of which four or more can show up at a fender bender. Meanwhile, sheriff's vehicles are observed watching red light runners,
speeders and no signal lane changers without any action. These visible situations are hopefully offset by more effective efforts elsewhere.
The voter outrage has dwindled to only an occasional outburst or some success at the polls in electing new players. This apathy is a sad reflection on all of us and something I hope the current commissioners and sheriff have the guts to change. Throw in the current economic
situation and one wonders how the current commissioners and sheriff can look into a mirror and be proud of their inaction.
As to the current sheriff's budget situation, using the sheriff's numbers and the current populations for Charlotte, Sarasota and Lee counties, the cost per capita for the sheriff's budget are: Charlotte, $390 per capita; Sarasota, $232 per capita; Lee, $264 per capita.
It appears that considerable fat exists in county government, especially within the Sheriff's Department. Once again, this voter is asking why.
Mike Reinhard
Port Charlotte
My thoughts: Let's see.. Charlotte spends $390 per capita, while Sarasota spends $232 per capita. Yet! Sarasota County handled four of the 9-1-1 calls regarding Denise superbly, while Charlotte County only handled one and well.... we all know by now what happened to Denise. In any case, it boggles the mind. And Mr. or Deputy Jubenville (I seem to remember seeing his name in the IA and he works for the CCSO, my bad if I'm wrong but I don't think I am) has the audacity to bring up 9-1-1 in his letter. I don't normally cuss all I can say is WTF?
Also in the news this past week was Sheriff Cameron helping a hapless boat while out boating himself. And he arrested two robbers while off duty when they ran a stop sign. What a guy! All he needs now is an "S" on his chest. I would love to see the Sun write a story on just how much this cast of characters gets paid. How much vacation time they get and any other perks they receive. Because the night Denise died they couldn't afford to pay an operator over time to watch the BOLO machine. Yet I hear and would love to have it verified that Bill Cameron is the highest paid Charlotte County employee. Hate to sound bitter but..... something stinks.
Again, all my opinions are my own and just a release of anger and frustration I feel. But Charlotte County really does need to wake up.
The Suns editorial today:
07/31/09
Growth in sheriff budget must stop
OUR POSITION: Sheriff's Office spending must be reined in.
Public safety is a basic function of local government. The men and women who protect and serve the residents of Charlotte County deserve and have our respect and admiration for the difficult and often dangerous work they do. But as work continues on next year's budget, it is clear to us that the growth of the Charlotte County Sheriff's Office budget has to stop and the department's spending aligned with fiscal realities.
Over the past few years, taxpayers have revolted against rising local government spending. Budget cuts forced by legislative fiat and exacerbated by revenue losses due to the collapse of the housing market have taken a significant toll on county government. This year alone, the commission slashed $50 million in operational costs and capital projects from the county budget.
Yet the sheriff's office budget since 2004 has risen 48.5 percent, from $40.5 million to $60 million. Over the same period, the population of the county has actually fallen, from about 157,000 to about 150,000.
The sheriff's budget is made up of three elements, including law enforcement, courts and corrections. The corrections element is actually a county function that the commission contracts out to the sheriff. The construction of a new county jail and its current expansion have contributed to the growth of the sheriff's budget, so for the purposes of this analysis, we have backed out jail operational costs.
The result? The sheriff's office budget has increased by a higher percentage. From 2004 to 2008, it has ballooned by 53 percent, or $15.1 million, from $28.5 million to $43.6 million.
Earlier this month, Sheriff Bill Cameron offered to trim 2 percent from his budget in response to a request from the commission to find 15 percent in cuts. Recently the commission voted 3-2 to reject that $58.6 million proposed budget. It remains to be seen whether the stalemate will be settled here or in Tallahassee, where Cameron could appeal to the governor if the commission holds its ground.
The rise in the budget is attributable to two initiatives undertaken by Cameron's predecessor, John Davenport, and continued upon Cameron's election in 2008: pay raises and hiring. We have supported the effort to bring officer pay in line with other area departments, so we will focus on the latter issue. Both Davenport and Cameron have been seeking a ratio of 2 officers per 1,000 residents. The current ratio is 1.8 officers per 1,000 residents.
The figure is arbitrary and obviously costly. Along Florida's Gulf Coast, only Collier County surpasses the ratio, while counties like Hillsborough (1.5), Pasco (1.3) and Sarasota (1.6) fall well short. According to the Department of Justice, the average ratio for areas with populations between 100,000 and 250,000 is 1.9.
The local ratio distorts reality because it includes the population for the entire county, but excludes the 37 police officers in Punta Gorda, where the sheriff's office performs only limited law enforcement duties.
We take public safety very seriously and have no doubt Sheriff Cameron is pursuing policies he believes best achieves our common goal. But the commission is correct to finally tighten the reins on spending in the sheriff's office and we encourage the board to stand firm.
Friday, July 17, 2009
Denise Amber Lee's husband: Charlotte Co. officials hid information
Nathan's lawsuit is anything but. It's very serious and has much to do with public safety especially in Charlotte County. I can't express how relieved that this is finally going forward and we're going to get the answers we've been waiting for. Denise will not have died in vain. She fought tooth and nail to live. And we will fight tooth and nail so that more people don't have to die because someone is not doing their job.
Those people who screwed up in such a major way will finally be held accountable. People are constantly asking me how can Denise's dad continue to work there. The question should be how can these people continue to work there? If people only knew the whole story they'd truly understand why this NEEDS to be done. I'll say it again, that no matter how wonderful your training is and no matter how latest the technology you have is, if you FAIL to use them appropriately, they are USELESS. AND, if the people in charge are already aware that their employees ARE not doing their jobs correctly, and that person is in a position that holds someone's life in their hands, and you let them continue to do a shoddy job, tragedy will happen. And it happened to Denise. And you willfully allowed it to happen. Either because you were too lazy or too weak or too stupid to make those individuals step up and do their jobs. . I speak only for myself and not my family when I get into a rant like this. But, I've read that IA report 3 times and all it does is raise even more questions. And it IS a relief to finally be getting some answers.
I'll get off the soapbox.
Denise Amber Lee's husband: Charlotte Co. officials hid information
Laura Kadechka 10connects.com
Englewood, Florida - It's been a year and a half since Denise Amber Lee was abducted from her North Port home, raped and murdered and yet her husband says he still doesn't know exactly what happened.
Nathan Lee tells 10 Connects, he believes the answers lie behind the black redacted lines within hundreds of pages of documents released by the Charlotte County Sheriff's Office.
"They're hiding something they don't like," said Lee from the Englewood home he shares with his two young son's Noah and Adam.
He flipped through page after page of an Internal Affairs investigation report released by the Charlotte County Sheriff's Office regarding the botched 911 phone call Lee says could have saved his wife's life.
The call was placed by a Tampa woman, Jane Kowalski, who was driving through Charlotte County when she says she saw Denise fighting for her life in the backseat of her accused killer's car.
"I knew something was wrong. You know when you have a gut instinct, make the call. Better to be safe than sorry. Better be safe than sorry," Kowalski told 10 Connects in January on the one year anniversary of Denise's brutal murder.
For nine minutes Kowalksi followed the green Camero while remaining on the line with 911, but help for Denise never came.
Her body was found two days later, naked and buried in a shallow grave. The 21-year-old mother of two was dead from one gun shot wound.
It was later determined through the Internal Affairs investigation, the information Kowalski provided to 911 was never dispatched to deputies. The call essentially fell through the cracks.
According to the IA investigation, call center workers in Charlotte County knew that a BOLO (be on the look out) for the green Camero had been issued in North Port where dozens of officers were searching Lee's neighborhood. A neighbor reported seeing the car around the same time Lee disappeared.
The IA report states "Call taker Mildred Stepp realizes the importance of this call and stands up to say that the information needs to get out on the radio."
Lee and his attorneys question this statement and believe the answers lie behind redacted portions of the investigation's documents.
"Three people thought someone else sent it out to dispatch, that's the story the state of Florida and indeed the nation now have heard about the Denise Amber Lee case," said attorney Patrick Boyle, "I find it suspicious when they ask everybody who was in that room questions...did the operator actually stand up and say the things the things they said she said when she stood up...the answers and questions around those issues are where we are seeing deletes and blackouts."
Boyle is with the law firm Franfurt, Kurnit, Klein and Selz out of New York. They took on the case this year.
On Tuesday, Lee and his attorneys filed a petition for a pure bill of discovery with the 20th Judicial District Court to let the courts decide whether they should get all of the information...including what's been redacted.
"The nature of the mistakes, who made the mistakes and when and how will be revealed, I believe, if we can get the documents that are in this binder without all of the redactions in it," said Boyle.
They don't just want the information to get answers, they say they need it for a lawsuit they are planning to file against the Charlotte County Sheriff's Office in September.
They filed a notice of intent in March and have to wait six months before filing the lawsuit.
"A big part of the lawsuit will be to get the un-redacted documents, but believe me, not getting the documents won't stop us from filing this lawsuit," said Boyle.
"I'm extremely anxious to know what happened and to have the details on what happened so we can move forward," Lee told 10 Connects.
Lee and Denise's family have been working for the last year and a half to reform Florida's 911 systems. They were able to get the Denise Amber Lee Act passed, but it only makes emergency dispatcher certification voluntary. They plan to introduce new legislation in the upcoming session to make certification mandatory.
"My biggest focus is being a dad and doing the best with my kids and they're amazing and they're happy, but being able to help not making Denise's death be in vain and help turn a negative into a positive is something I'm going to dedicate the rest of my life to. She deserves that," said Lee.
The Charlotte County Sheriff's Office did not want to comment on the allegations they were trying to hide something. Calls were referred to the State Attorney's Office in Sarasota where the sheriff's office says the documents were turned over.
Michael King, the man accused of kidnapping, raping and killing Denise Amber Lee goes to trial next month. He is facing the death penalty.
Link:
http://www.wtsp.com/news/local/story.aspx?storyid=109590&catid=8#comments
Friday, June 19, 2009
Cameron shies away from public accountability
link: http://www.sunnewspapers.net/articles/edStory.aspx?articleID=439271
06/19/09
Cameron shies away from public accountability
OUR POSITION: We're dismayed that the Charlotte County sheriff managed to side-step a public budget review session.
Charlotte County Sheriff Bill Cameron found a convenient way last week to avoid potentially awkward public scrutiny of his $60 million budget: He pulled the plug.
Instead of meeting with all county commissioners in front of the public access TV cameras, Cameron opted to sit down with each board member, one-on-one, behind closed doors. No sunshine. No wide-ranging group discussion.
He even said he hadn't realized there had been a scheduled public budget session in the first place.
"Unbeknownst to me, I had already set up meetings with them. I didn't know they were doing that," the sheriff told Sun staffer Neil Hughes after the public meeting was canceled.
"It's much easier for me to talk with all five of them individually."
Of course it is.
As a constitutional officer, Cameron isn't necessarily required to go through his budget with the commission. He submits it; they either accept it as presented or not. If they reject it, he can appeal to the state, and Cameron has said he would do that if it were necessary. He shouldn't, but that's another issue.
In Sarasota, Sheriff Tom Knight gave an extensive, public budget rundown to commissioners Wednesday. He even posted his 27-page presentation on his Web site (www.sarasotasheriff.org.) No issue there. It was just the right thing to do.
One major point of the exercise is to let the tax-paying public in on the process. It is an opportunity for the sheriff to explain and to justify his department's spending at a time when all government is under extreme stress. The dismal climate has meant greater fiscal scrutiny for all departments, from libraries to planning services, kids' recreation to senior services.
It may even be a quarrelsome process, but it's always a healthy one. The public gets to find out what it's paying for. The sheriff gets to explain his approach to public safety, a core function of local government.
The big problem is that the sheriff's budget accounts for an enormous chunk of overall county spending. And as everyone knows, Charlotte County is looking at dramatic cuts this year, maybe as much as $50 million. More cuts in the Sheriff's Office could mean far fewer smaller cuts elsewhere. That's another reason to come clean in public, so citizens can weigh the various interests.
As it is, Cameron already has cut back 2 percent this year. That's nothing to be sneezed at, but it's far from the 15 percent in concessions sought by Commissioner Bob Starr. Starr has attacked most other parts of the county budget with a Bowie knife, so it's no surprise he expects a little more from the police. He's been tough with everyone else, so we all know he'll be tough with the sheriff.
But other commissioners have agreed that law enforcement shouldn't be subject to drastic cuts. They're willing to cut him some slack. Now, as Commissioner Adam Cummings said, the exercise has been short-circuited.
"It was always about getting the sheriff in front of us to make some more concessions, and he didn't play that game," Cummings said.
By avoiding a public hearing, Cameron has skipped out on an opportunity to explain and justify why his department needs this level of funding at this tough time. It's called accountability.
The sheriff took the easy way out, and the tax-paying public loses. Maybe it's time to man up.
Friday, June 12, 2009
I don't know how I missed this in the Charlotte Sun!!!
By ELAINE ALLEN-EMRICH
North Port Community News Editor
Hundreds of telecommunication employees throughout the United States who were visiting a booth sponsored by a local foundation learned about how a Southwest Florida mother of two young boys was kidnapped, raped and murdered and how her story will help change the industry.
In-between speaking to hundreds at the National Emergency Number Association Emergency Help conference Tuesday through Thursday in Fort Worth, Texas, Nathan Lee shared his story before a crowd of about 2,400 attendees.
Nathan, whose wife, Denise Amber Lee, 21, was killed in North Port last January, believes she could have been saved if it weren't for major glitches in the 911 system.
Witness Jane Kowalski was on the line with 911 for nine minutes describing someone struggling in the back of a Camaro near U.S. 41 and Toledo Blade Boulevard, later believed to be Denise. Despite that lengthy effort, the Charlotte County Sheriff's Office failed to dispatch a single deputy. The Sheriff's Office also didn't relay the information Kowalski provided to the North Port Police Department, which was investigating the case.
The state is seeking the death penalty for suspect Michael King, 38, whose trial is set for August.
Nathan was invited to be one of the keynote speakers at the NENA conference Wednesday. He spoke for 15 minutes about what happened to Denise and how the foundation named after her is trying to change 911 operations to make them more uniform nationwide. Then he showed a 10-minute video of TV spots and clips of the couple.
"Nate did so well," said North Port City Commissioner Dave Garofalo, a member of the Denise Amber Lee Foundation who accompanied Nathan and three other members. "It was fantastic. We are well on our way to uniformed national training standards."
Nathan agrees.
"We met with the CEOs and head honchos in charge of 911 systems and were able to sell them on our cause," Nathan said. "All of them wanted to work together 100 percent with us."
Nathan said it's "nice to see that Denise is really making a difference."
"She is touching the lives of those in the industry and many others," he said. "Her tragedy will help revamp and reform the system that failed her."
Nathan said he met members of Matthew Cantrell's family. Cantrell, 21 months, died after he being entangled in a soccer net in his family's Texas home.
The family sued because they believed police didn't respond quickly enough after a 911 call was placed. They claim the operator allegedly refused to give CPR instructions to Matthew's distressed mother in the 2007 incident.
"We have been reaching out to other families and they are joining our cause as we go," Nathan said.
There are about six other conferences in Florida that Nathan has been invited to through December.
"We are also working with Florida legislators to lobby hard for uniform training standards and state certification for 911 telecommunicators," he added.
E-mail: eallen@sun-herald.com
My opinion: thank you, Elaine, for focussing on the positives!