giant sigh
500 to be questioned as potential jurors in Denise Amber Lee murder trial
By ELAINE ALLEN-EMRICH
North Port Community News Editor
SARASOTA COUNTY -- Michael King's defense attorney argued Wednesday that police officers didn't have a search warrant when they broke into his home on the day of Denise Amber Lee's disappearance.
That was one of 30 pending motions 12th Circuit Judge Deno Economou listened to from both sides in King's hearing at the Sarasota County Courthouse. He is expected to rule on the motions in early August.
A jury trial is scheduled to begin Aug. 17 for King, 38, charged in the kidnapping, rape and murder of 21-year-old Denise on Jan. 17, 2008.
Motions included King's attorney Carolyn Schlemmer declaring "the death penalty is unconstitutional," the need to change the trial's venue, and officers not reading King his rights immediately after he was arrested, when he asked repeatedly for his attorney.
Schlemmer appeared in court with a clean-shaven King whose hands and feet were shackled. He wore a pale yellow jail jumpsuit.
King mostly looked forward at the judge throughout the five-hour hearing. One of the few times he spoke was to answer "yes" when Economou asked if he still wanted Schlemmer to represent him.
"He never made eye contact with me," said Nathan Lee, Denise's husband, who was in court with Denise's father Rick Goff and her brother, Tyler.
Schlemmer argued that on Jan. 17, 2008, North Port police officers should not have entered King's house without a search warrant.
In testimony Wednesday, North Port Detective Lt. Kevin Sullivan said King's neighbor told them they saw him pull into his driveway and park his car in the garage earlier in the day. When police arrived at King's Sardinia Avenue home, they reported hearing voices coming from the residence.
Sullivan ordered two officers to go into the house. Once inside, they saw, "in plain view," duct tape with strands of hair attached. King and Denise were not there.
Schlemmer said that evidence should not be introduced during the trial because it was illegally obtained.
Sullivan said police went inside the home after receiving two 911 calls, one from Denise and the other from King's teenage cousin, Sabrina Muxlow. Sabrina told police her father, Harold Jr., was concerned King may have been holding a woman against her will.
Schlemmer also argued that King would not get a fair trail and asked for the trial to be moved out of Sarasota. The defense asked residents in Sarasota, Manatee and DeSoto counties if they had ever heard of Michael King or Denise Amber Lee. Schlemmer called the results "disturbing."
"Some of the comments gathered were so venomous (toward King) they could not be repeated," she said.
Economou said he would consider Schlemmer's change of venue request.
The judge said if a "fair and impartial jury" of 11 people could not be found from 500 potential candidates, he would consider the change.
"I'm inclined to move forward with jury selection," he said.
Assistant State Attorney Lon Arend said Lee's family members requested to be in the courtroom during the anticipated weeklong jury selection in August.
Economou said there might not be enough space if even 100 potential jurors are in the courtroom at once. He said the candidates also might ask who the victim's family members are, and that could affect some jurors.
"I would suggest it be explained that (the victim's family members) have the right to be there," Arend said.
Schlemmer also argued that when King was stopped on Interstate 75 off Toledo Blade Boulevard, near the wooded area where Denise's body was later discovered, he asked for an attorney.
Sullivan said he introduced himself to King, who said he was also abducted. Sullivan said he asked King to show him where he was taken. King said he had a hood over his head and wasn't sure where he was taken.
Schlemmer objected to North Port detectives taking King on a "ride-along," searching for Lee while questioning him.
Officers said because King said he was a victim, they treated him accordingly.
The judge acknowledged that police read King his Miranda rights, but it was hours after a series of interviews with several different police officers.
Schlemmer said due to the delay, King's rights were "clearly violated."
During a break, Nathan said he plans to file a negligence lawsuit in September against the Charlotte County Sheriff's Office for what he calls a "botched" handling of the 911 call from the last witness who saw Denise alive, Jane Kowalski.
"I'll do it after (King's) trial," he said.
Another hearing is set for Aug. 10.
E-mail: eallen@sun-herald.com
http://www.sunnewspapers.net/articles/llnews.aspx?articleID=13730&bnpg=0
Showing posts with label Murder Trial. Show all posts
Showing posts with label Murder Trial. Show all posts
Wednesday, July 22, 2009
Todays North Port Sun by Elaine Allen-Emrich
This should come as no surprise. And IMO the prosecutor is absolutely correct "Alleging of negligence of the police does not constitute a legally recognizable defense to the crime of murder in the first degree, kidnapping or sexual battery."
State wants CCSO lawsuit, Lee foundation information barred from King trial
State prosecutors don't want Nathan Lee's impending civil lawsuit against the Charlotte County Sheriff's Office over what he calls a "botched 911 call" to hinder the criminal case against his wife's accused killer.
According to court documents recently filed by the state attorney's office in Sarasota, Nathan's "alleged negligence" lawsuit and his campaign to improve 911 training after his wife's murder "is not legally relevant and should be excluded from the penalty phase of the trial." Lee can formally file a lawsuit beginning in September.
An Aug. 15 trial is set for Michael King, 38, who is accused of killing Denise Amber Lee, 21, after allegedly kidnapping and raping her on Jan. 17, 2008. Her body was found buried off Toledo Blade Boulevard two days later. The state is seeking the death penalty in the case.
The trial is planned to be at the Sarasota County Courthouse, but King's attorneys are seeking a change of venue due to the massive media coverage of the case. That would be determined at jury selection, according to the state.
In October, Nathan filed an intent to sue against the CCSO alleging negligence led to his wife's death after learning how a nine-minute 911 call from witness Jane Kowalski was handled.
Court documents show that Kowalski later learned it was Denise in the back seat of King's green Camaro while she was on the phone with a 911 operator reporting the suspicious incident.
Kowalski, of Tampa, reported each street she passed on U.S. 41 in Charlotte County while witnessing someone � whom she originally thought was a child � struggling in King's car. She stopped following the car when it turned onto Toledo Blade.
During her call, she asked the Charlotte County 911 operator if there was a BOLO � Be On the Lookout � for a missing person because she saw someone screaming and slapping the car's back window with her hand.
Nathan claims the critical information provided by Kowalski, believed to be the last witness to see Denise alive, was not relayed to CCSO deputies or North Port police officers during the massive manhunt for his wife.
"Numerous accounts in the media have attributed some amount of negligence on the Charlotte County Sheriff's Office for the matter in which the call was handled," the state claims in court documents. "Alleging of negligence of the police does not constitute a legally recognizable defense to the crime of murder in the first degree, kidnapping or sexual battery."
Nathan also formed the Denise Amber Lee Foundation to help create uniform training for 911 operators and other first responders nationwide.
But the state doesn't want Nathan's impending lawsuit against the CCSO or the foundation's work to cloud the criminal case against King.
Prosecutors are asking that neither the lawsuit nor the foundation's efforts be mentioned or even suggested during King's trial. E-mail: eallen@sun-herald.com
By ELAINE ALLEN-EMRICH
North Port Community News Editor
link: http://www.sunnewspapers.net/articles/pnnews.aspx?NewsID=441319&a=newsarchive2/072209/np1.htm&pnpg=0
State wants CCSO lawsuit, Lee foundation information barred from King trial
State prosecutors don't want Nathan Lee's impending civil lawsuit against the Charlotte County Sheriff's Office over what he calls a "botched 911 call" to hinder the criminal case against his wife's accused killer.
According to court documents recently filed by the state attorney's office in Sarasota, Nathan's "alleged negligence" lawsuit and his campaign to improve 911 training after his wife's murder "is not legally relevant and should be excluded from the penalty phase of the trial." Lee can formally file a lawsuit beginning in September.
An Aug. 15 trial is set for Michael King, 38, who is accused of killing Denise Amber Lee, 21, after allegedly kidnapping and raping her on Jan. 17, 2008. Her body was found buried off Toledo Blade Boulevard two days later. The state is seeking the death penalty in the case.
The trial is planned to be at the Sarasota County Courthouse, but King's attorneys are seeking a change of venue due to the massive media coverage of the case. That would be determined at jury selection, according to the state.
In October, Nathan filed an intent to sue against the CCSO alleging negligence led to his wife's death after learning how a nine-minute 911 call from witness Jane Kowalski was handled.
Court documents show that Kowalski later learned it was Denise in the back seat of King's green Camaro while she was on the phone with a 911 operator reporting the suspicious incident.
Kowalski, of Tampa, reported each street she passed on U.S. 41 in Charlotte County while witnessing someone � whom she originally thought was a child � struggling in King's car. She stopped following the car when it turned onto Toledo Blade.
During her call, she asked the Charlotte County 911 operator if there was a BOLO � Be On the Lookout � for a missing person because she saw someone screaming and slapping the car's back window with her hand.
Nathan claims the critical information provided by Kowalski, believed to be the last witness to see Denise alive, was not relayed to CCSO deputies or North Port police officers during the massive manhunt for his wife.
"Numerous accounts in the media have attributed some amount of negligence on the Charlotte County Sheriff's Office for the matter in which the call was handled," the state claims in court documents. "Alleging of negligence of the police does not constitute a legally recognizable defense to the crime of murder in the first degree, kidnapping or sexual battery."
Nathan also formed the Denise Amber Lee Foundation to help create uniform training for 911 operators and other first responders nationwide.
But the state doesn't want Nathan's impending lawsuit against the CCSO or the foundation's work to cloud the criminal case against King.
Prosecutors are asking that neither the lawsuit nor the foundation's efforts be mentioned or even suggested during King's trial. E-mail: eallen@sun-herald.com
By ELAINE ALLEN-EMRICH
North Port Community News Editor
link: http://www.sunnewspapers.net/articles/pnnews.aspx?NewsID=441319&a=newsarchive2/072209/np1.htm&pnpg=0
Tuesday, July 21, 2009
Tragedy
We lost Denise in January of 2008. It was probably the most devastating experience of my life. I was 50 years old at the time of Denise's death and felt I had already experienced enough tragedy in my lifetime to write a book. Little did I know what the word "tragedy" meant. On http://www.dictionary.com/ "tragedy" is defined as "a dramatic composition, often in verse, dealing with a serious or somber theme, typically that of a great person destined through a flaw of character or conflict with some overpowering force, as fate or society, to downfall or destruction."
Denise was definitely a great person and yes, an overpowering force (the murderer), fate and society all contributed to her destruction (death). And she had NO flaws in her character.
Denise was such a sweet person. There was not a malicious bone in her body. She had a beautiful heart. It's damn difficult to come up with anything negative to say about her.
Now that her trial is coming up we're having to confront more than ever the harsh reality of her demise. In the beginning when Denise first died, I had a terrible time remembering and mourning her without staring evil (the alleged murderer and murder) straight in the face. Every time Denise would pop into my head, so would the evil things that he did to her. I'd picture her pregnant with Adam and wearing that pretty green dress on Easter Sunday 2007. It's one of my favorite visuals of her. She looked so lovely as Pastor John let the doves fly over the church. Denise was beautiful on the inside as well as out. Then the evil would enter the picture frame. Damn difficult to keep out those visuals. Innocent until proven guilty. sigh. Free will. sigh. Where was Denise's free will?
Anyhow, for the past year and half I've done my best not to think about him. I've done my best not to expend any emotional energy on him. I had gotten to the point where I could start thinking of Denise and visualizing her without his entering that picture frame.
Now it's back to square one. Hell. Pure hell.
Yes, I've missed her so much this past year and a half. We've all been working so hard to build a positive out of a negative but the harsh reality is that no matter how hard we try NOTHING can stop the pain and suffering we are about to endure and have endured.
I cringe and shudder thinking about the trial.
I cry day and night thinking for my son and what he's enduring. I simply can't imagine. I'm crying now. It's so damn difficult not to. You have to wonder will the pain ever go away?
I wonder at the array of characters who will be in the courtroom during the trial. I think and grieve for the eyewitnesses. The young lady living next door. The cousin. The cousin's daughter. The eyewitnesses who saw Denise struggling in the car who didn't call 9-1-1. The 9-1-1 squad on duty that night. Bill Cameron. John Davenport.
So many missed opportunities.
You wonder, experiencing a tragedy of this magnitude, how you can help stop another family from suffering the way we have.
And then I think of how Denise suffered. Oh my God. That's when I question God and if s/he exists. How could a God exist who would condone such evil and harm? I was taught that "God is all forgiving". "God is love". Hah! Is not that condoning those evil deeds? Once again, according to http://www.dictionary.com/ "condone" is defined as "to pardon or forgive (an offense); excuse."
It's going to be a long time before I reach that point if I ever reach that point. So, this guy not only robbed us of Denise, he stole our faith too. He stole our family. He stole our sense of goodness.
My friend Dan shared this quote:
"Courage, it would seem, is nothing less than the power to overcome danger, misfortune, fear, injustice, while continuing to affirm inwardly that life with all its sorrows is good; that everything is meaningful even if in a sense beyond our understanding; and that there is always tomorrow." -- Dorothy Thompson, American journalist 1893-1961
I keep telling myself that.
Denise was definitely a great person and yes, an overpowering force (the murderer), fate and society all contributed to her destruction (death). And she had NO flaws in her character.
Denise was such a sweet person. There was not a malicious bone in her body. She had a beautiful heart. It's damn difficult to come up with anything negative to say about her.
Now that her trial is coming up we're having to confront more than ever the harsh reality of her demise. In the beginning when Denise first died, I had a terrible time remembering and mourning her without staring evil (the alleged murderer and murder) straight in the face. Every time Denise would pop into my head, so would the evil things that he did to her. I'd picture her pregnant with Adam and wearing that pretty green dress on Easter Sunday 2007. It's one of my favorite visuals of her. She looked so lovely as Pastor John let the doves fly over the church. Denise was beautiful on the inside as well as out. Then the evil would enter the picture frame. Damn difficult to keep out those visuals. Innocent until proven guilty. sigh. Free will. sigh. Where was Denise's free will?
Anyhow, for the past year and half I've done my best not to think about him. I've done my best not to expend any emotional energy on him. I had gotten to the point where I could start thinking of Denise and visualizing her without his entering that picture frame.
Now it's back to square one. Hell. Pure hell.
Yes, I've missed her so much this past year and a half. We've all been working so hard to build a positive out of a negative but the harsh reality is that no matter how hard we try NOTHING can stop the pain and suffering we are about to endure and have endured.
I cringe and shudder thinking about the trial.
I cry day and night thinking for my son and what he's enduring. I simply can't imagine. I'm crying now. It's so damn difficult not to. You have to wonder will the pain ever go away?
I wonder at the array of characters who will be in the courtroom during the trial. I think and grieve for the eyewitnesses. The young lady living next door. The cousin. The cousin's daughter. The eyewitnesses who saw Denise struggling in the car who didn't call 9-1-1. The 9-1-1 squad on duty that night. Bill Cameron. John Davenport.
So many missed opportunities.
You wonder, experiencing a tragedy of this magnitude, how you can help stop another family from suffering the way we have.
And then I think of how Denise suffered. Oh my God. That's when I question God and if s/he exists. How could a God exist who would condone such evil and harm? I was taught that "God is all forgiving". "God is love". Hah! Is not that condoning those evil deeds? Once again, according to http://www.dictionary.com/ "condone" is defined as "to pardon or forgive (an offense); excuse."
It's going to be a long time before I reach that point if I ever reach that point. So, this guy not only robbed us of Denise, he stole our faith too. He stole our family. He stole our sense of goodness.
My friend Dan shared this quote:
"Courage, it would seem, is nothing less than the power to overcome danger, misfortune, fear, injustice, while continuing to affirm inwardly that life with all its sorrows is good; that everything is meaningful even if in a sense beyond our understanding; and that there is always tomorrow." -- Dorothy Thompson, American journalist 1893-1961
I keep telling myself that.
Thursday, June 11, 2009
King's attorneys ask to move trial in murder of Denise Lee
By Todd Ruger
Published: Thursday, June 11, 2009 at 11:18 a.m.
Last Modified: Thursday, June 11, 2009 at 11:18 a.m.
SARASOTA COUNTY - The community reaction and publicity surrounding the kidnapping and murder of Denise Amber Lee mean extra preparations for the trial of her alleged attacker, which is scheduled to begin in August.
Related Links:
The legacy of Denise Amber Lee
Moving ceremony for Denise Lee
Denise Lee-inspired 911 law passes
King pleads not guilty in death of Lee
Sheriff standing by handling of 911 call
On night Lee died, chances were lost
Did 911 call slip through cracks?
An unsettling portrait of a suspect
External Links:
TOPICS: Slaying of Denise Amber Lee
Denise Amber Lee Jurors will be asked individually what they remember about media coverage of Michael King, 38, who is charged with kidnapping, rape and murder. Jurors will also be asked whether they discussed the case on the Internet through blogs or by posting to message boards, court records show.
King’s attorneys are asking that the trial be moved somewhere else in the state because of extensive publicity. Prosecutors are seeking the death penalty for King.
The case became the topic of a "Dr. Phil" show and hourlong national network shows, and became an impetus for improving emergency call centers across Florida.
If it stays in Sarasota County, the trial will be held in the largest courtroom to accommodate family, media and the public, as well as an extra large pool of potential jurors. It is expected to last three weeks.
Lee, 21, was reported missing from her North Port home on the afternoon of Jan. 17.
Her body was found two days later in a shallow grave six miles from her home.
King was arrested on a kidnapping charge the night of the abduction and was charged with murder after the body was found. He is being held in solitary confinement at the Sarasota County Jail.
A lab has matched King’s DNA to DNA found on Lee’s body, according to court documents filed by the prosecution.
My opinion
Well, we can't say this surprises us. Mostly my blog has been about 9-1-1 and, of course, Denise and our grief. sigh.
Published: Thursday, June 11, 2009 at 11:18 a.m.
Last Modified: Thursday, June 11, 2009 at 11:18 a.m.
SARASOTA COUNTY - The community reaction and publicity surrounding the kidnapping and murder of Denise Amber Lee mean extra preparations for the trial of her alleged attacker, which is scheduled to begin in August.
Related Links:
The legacy of Denise Amber Lee
Moving ceremony for Denise Lee
Denise Lee-inspired 911 law passes
King pleads not guilty in death of Lee
Sheriff standing by handling of 911 call
On night Lee died, chances were lost
Did 911 call slip through cracks?
An unsettling portrait of a suspect
External Links:
TOPICS: Slaying of Denise Amber Lee
Denise Amber Lee Jurors will be asked individually what they remember about media coverage of Michael King, 38, who is charged with kidnapping, rape and murder. Jurors will also be asked whether they discussed the case on the Internet through blogs or by posting to message boards, court records show.
King’s attorneys are asking that the trial be moved somewhere else in the state because of extensive publicity. Prosecutors are seeking the death penalty for King.
The case became the topic of a "Dr. Phil" show and hourlong national network shows, and became an impetus for improving emergency call centers across Florida.
If it stays in Sarasota County, the trial will be held in the largest courtroom to accommodate family, media and the public, as well as an extra large pool of potential jurors. It is expected to last three weeks.
Lee, 21, was reported missing from her North Port home on the afternoon of Jan. 17.
Her body was found two days later in a shallow grave six miles from her home.
King was arrested on a kidnapping charge the night of the abduction and was charged with murder after the body was found. He is being held in solitary confinement at the Sarasota County Jail.
A lab has matched King’s DNA to DNA found on Lee’s body, according to court documents filed by the prosecution.
My opinion
Well, we can't say this surprises us. Mostly my blog has been about 9-1-1 and, of course, Denise and our grief. sigh.
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