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.

Public Safety Telecommunications Week

Another good article in the North Port/Charlotte Sun today. See below.

This week is Public Safety Telecommunications Week, so, be sure to thank your local 9-1-1 dispatchers and call takers! Obviously don't call 9-1-1 and thank them. Use the non-emergency number:o) And if they are congenial feel free to ask them to send a recipe!!!! PeggyLee@DeniseAmberLee.org

Thank you.

And special thanks to call takers and dispatchers everywhere who do their best and utmost to help save lives. God bless you.


Call for Life


As 911 operators are commended this week, recent tragic events point to training as key


When Jennifer Johnson called 911 last November, frantically explaining that her ex-boyfriend had kidnapped and locked her in the trunk of a car, the Plant City operator never asked her name. In the 73 seconds the two were on the phone, the dispatcher only asked her location.

Johnson's body was found several days later. The 911 dispatcher, Amanda Hill, was fired, and the dispatch supervisor, a captain and sergeant all resigned.

According to a 700-page investigation, Hill didn't dispatch an officer to try to help Johnson, 31.

These type of mishaps require members of the local Denise Amber Lee Foundation to work year-round on raising awareness of 911 call center inefficiencies, promoting improvements to 911 call centers, and offering assistance to families of murder victims.

April 13-18 is designated as Public Safety Telecommunications Week, recognizing the daily service of 911 operators who help save lives. However, it comes shortly after another highly publicized 911 operator-related tragedy.

On April 4, an Allegheny County, Pa., 911 operator failed to alert officers there were weapons in a home where a mother and son were fighting. Moments after arriving, three officers were killed when a 22-year-old ex-Marine opened fire on them.

"You hate for this to happen," said Plant City Police Chief Bill McDaniel. "I've always said the telecommunications operator is the toughest job in law enforcement. They have to deal with the heightened tension of every situation. They must multitask, balance calls, provide important information, keep the caller calm by asking the right questions and usually have a person standing behind them."

McDaniel said some of his employees mishandled the 911 call, gave out misinformation and didn't follow standard policies.

"We acknowledge our mistakes and hope other agencies learn from them," he said, adding operators have 16 weeks of training.

McDaniel appreciates the efforts of the Denise Amber Lee Foundation in lobbying for universal 911 operator training throughout the United States. Fourteen years ago, he researched the benefits of universal training for 911 operators. He also patterned his 911 operations center after a statewide program in Oregon.

In Lee's case, she was kidnapped last year from her North Port home. As Lee, 21, struggled for her life, she, along with three others, called 911. During a manhunt for Lee, witness Jane Kowalski called a 911 Charlotte County Sheriff's operator and stayed on the line for nine minutes, providing locations where a suspicious man was driving. However, no deputy was dispatched to investigate the driver, who was later identified as the suspect in Lee's murder.

Most states have no standards for 911 telecommunications training. Every law enforcement agency establishes its own.

In North Port, 911 dispatchers handled 77,394 calls in 2008. This year, they have received 21,965 calls so far.

The city is currently two positions short of the budgeted 12 telecommunication operators.

"Our standards are much greater than any mandatory training," said North Port Police Sgt. Scott Graham. "It's necessary for our operators to be competent in every aspect of the job."

The city's telecommunications shift supervisors, Cindy Martin and Misty Elmore, prepare presentations to administrators on a quarterly basis. They outline call volume, overtime, training they've attended, goals and other monthly tasks.

One of their six-month goals is to work more with Charlotte and Lee County operators.

"We send the operators to crisis intervention and other training that's offered to police officers," said Capt. Kevin Vespia, who plans on buying all of the dispatchers lunch or dinner this week to thank them for their dedication to the department.

Vespia said North Port has a solid group of veteran operators who remain calm during some of the most chaotic situations.

"They have been there for so long, they just know how to react," he said.

E-mail: eallen@sun-herald.com


BY ELAINE ALLEN-EMRICH

North Port Community News Editor

North Port Sun article (March 18, 2009)

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

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

ELAINE ALLEN-EMRICH

North Port Community News Editor

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

King's trial is set for August.

E-mail: eallen@sun-herald.com