Tuesday, March 9, 2010

Orlando Sentinel

Crist takes issue with bill to exempt 911 calls from disclosure

2010 session, Carey Baker, Larry Cretul, Public records — posted by orlandosentinel on March, 9 2010 6:32 PM


TALLAHASSEE — A measure to exempt 911 recordings from public records laws may pit the House sponsor against the governor, a fellow Republican, as lawmakers debate whether they can protect privacy while maintaining oversight over emergency dispatcher performance.

With 911 tapes increasingly used by media outlets as prurient entertainment, calls are growing to restrict who has access to the recordings made during some of life’s most horrific moments.

Such concern has lead Rep. Rob Schenk, R-Spring Hill, to propose a measure that would shield audio recordings of the emergency calls to all but law enforcement officials. Citizens including the caller would be allowed to review the tapes only under a judge’s order.

On Tuesday, Gov. Charlie Crist told the News Service of Florida that he has yet to see the legislation, but generally said he supports keeping the records open for public scrutiny.

”I think we ought to keep it open,” Crist said. “You learn more about what happens with these 911 calls when it’s open. You have that kind of transparency where the truth is more available and easily attainable.”

The bill is scheduled to be heard Wednesday in the House Government Affairs Policy Council, its first committee stop.

“The need for emergency services bespeaks a very personal and often traumatizing event,” the bill reads. “To have the recordings made publicly available is an invasion of privacy that could result in trauma, sorrow, humiliation, or emotional injury to the person reporting the emergency or requiring emergency services, or to the immediate families of those persons.”

Law enforcement officials would have immediate access to the actual recordings. The public would not. Transcripts of the recordings would be available 60 days after the call was made. The requester would be billed the cost of transcription.

The measure has raised concerns from open records advocates who say recordings provide vital oversight of the agencies charged with responding to emergency situations. Others, however, say the tapes have too often become audio fodder in a reality-TV world.

“Quite frankly, I’m more concerned about the victims’ side of it and their ability to use 911,” Schenk said.

The issue has taken on added prominence following a highly publicized Charlotte County case in which a 911 operator sounded confused and rattled during a 10-minute called from Denise Amber Lee, a 21-year-old mother who was abducted and later found murdered. Her parents have since used her case to encourage more training for 911 staff.

And this week, the Palm Beach Post reported that Lee’s parents are against closing off access to the tapes for that reason. The Post also reported that the push for the measure has come from House Speaker Larry Cretul, R-Ocala.

Rep. Will Snyder, R-Stuart, and chairman of the Criminal & Civil Justice Policy Council, said he’s confident a balance can be struck on the issue. While disclosure is often used for prurient motives, oversight is needed to address mishandled 911 calls that Snyder said are few and far between.

“I think there is a lot of room for compromise going forward,” Snyder said

Monday, March 8, 2010

Apparently Governor Crist agrees

Originally published March 4, 2010

House to hear 911 bill: Measure would exempt tapes from open records laws

By Paul Flemming


A House member wants to block release of 911 tapes and exempt them as open records to protect victims from further trauma by public release.

The bill by Rep. Robert Schenck, a Spring Hill Republican, drew the swift opposition of open-government advocates. Schenck's bill will be heard next week in the House council he chairs.

"I just feel like victims need protection," said Rep. Robert Schenck, a Republican from Spring Hill. Identifying personal information contained in the calls is already blocked from release.

Gov. Charlie Crist said he favors keeping the tapes as public records.

"I think it's always better when you shed light on any situation, whether it's a 911 call, whether it's public expenditures, no matter what it might be, transparency is always the right call," Crist said.

Barbara Petersen, president of the Florida First Amendment Foundation, on Tuesday alerted her media-supported group about the bill. She labeled the proposal the Tiger Woods Relief Act, linking it to the release late last year of calls to 911 following Woods' November car crash outside of his Florida home.

"With all due respect, that is completely ridiculous," Schenck said.

The bill was scheduled for a hearing Wednesday, but discussion of other legislation delayed its consideration for a week.

"We're not going to discount their concerns" about victims, Petersen said. "Sometimes we have to look at the broader picture, too."

Recordings of 911 calls that are now open to the public would be closed by the bill if it became law. Instead, transcripts of the calls would be made available within 60 days.

Released 911 recordings have revealed negligence by emergency responders. Schenck said his proposal protects victim privacy while maintaining watchdog abilities.

"We're still keeping that intact with release of the transcript," Schenck said.

Petersen said transcripts wouldn't allow the same level of scrutiny. She cited a recent Tampa case in which a dispatcher was argumentative with a caller, did not follow procedure and the woman died.

"Access to these tapes is important. The transcript doesn't do us any good," Petersen said. "Intonation is as important as what's being said."

Schenck said he was contacted by individuals and victim advocates to ban the release of the tapes, though he said he couldn't name them off the top of his head.

In 2001, the Legislature banned the release of autopsy photos in the wake of race-car driver Dale Earnhardt's death in a wreck at the Daytona 500.

http://www.floridacapitalnews.com/article/20100304/CAPITOLNEWS/3040319

Sunday, March 7, 2010

I missed this in November 2009/Chaos Theory

but it is important and relevant to what is going on in Tallahassee. my opinion first:

my opinion: I would like to say to Rick Jones, that my family and other families who have suffered through 9-1-1 tragedies, know the cost of training. It cost my daughter-in-law her life. And you can spend all your monies on the best technologies in the world, but if you do not have people who know how to use them appropriately those technologies are worthless. My daughter in law's life was priceless.

Chaos Theory
Nov 1, 2009 12:00 PM

By Glenn Bischoff (glenn.bischoff@penton.com)

Protocols and intuitive managers are key to reducing dispatcher pressure in 911 call centers.

Nathan Lee returned to his Florida home in the middle of the afternoon on Jan. 17, 2008. When he arrived, he found his two sons — a 2-year-old and a 6-month-old — together in the younger boy's crib. His wife and the boys' mother, Denise Amber Lee, was nowhere to be found.

She was found two days later in a shallow grave after being brutally raped. In the first frenetic hours after her abduction, mistakes allegedly were made by a 911 call-taker and dispatchers that hampered the search effort. Today, her family and friends are wondering why no national training and certification program exists for 911 telecommunicators, which they believe would help professionals in the sector better keep their wits in an intrinsically high-stress environment that becomes a crucible when things hit the fan.

Not on Alert

The first 911 call on the day of Denise Lee's abduction was placed by Nathan Lee. The 911 center that took that call and two others promptly issued BOLO (“Be On the LookOut for”) signals that allegedly were missed by the 911 center in an adjacent county. At some point during the ordeal, the assailant drove through that county with Denise Lee in tow.

Later in the afternoon, a witness called 911 to report that a child in the back seat of a green Camaro was pounding on the window and screaming hysterically. The “child” was Denise Lee, according to Peggy Lee, the victim's mother in law. According to Lee's family, that call was received by the same 911 center that allegedly missed the BOLOs issued after Nathan Lee's 911 calls. Somehow, the family alleges, no BOLO ever was issued for the call from the eyewitness nor were police cruisers dispatched, even though the eyewitness provided cross streets at several junctures until the car carrying Denise Lee peeled off onto another road.

Peggy Lee today serves as the community relations director for the Denise Amber Lee Foundation, which is lobbying for training and procedural reforms in the 911 sector. She has heard the recording from the eyewitness call and said the call-taker became flustered during the nine minutes she was on the line with the eyewitness. “That call-taker didn't know what to do — you could hear the chaos,” she said.

Denise Lee's father works in that county as a police detective. He said in an interview on a network-television newsmagazine that a fellow officer told him that the officer was certain the vehicle drove “right by him” but did not pursue, because “he never received the information.”

Local media reported that the county's sheriff defended the performance of the 911 center's call-takers and dispatchers that night but acknowledged that mistakes were made. Reportedly, two dispatchers were suspended as a result of this incident.

During the ordeal, Denise Lee somehow managed to get her hands on the assailant's wireless phone without him knowing and placed her own 911 call. She cleverly gave the call-taker vital information, such as the type of car, by speaking in a way that made her assailant think she was talking to him. After seven minutes the assailant caught on and the call ended. “That call was handled superbly,” Peggy Lee said. (Since this was quoted we have come to find out that the call was not handled "superbly" but it was handled well. The call taker was new, on few short months on the job, and has since had to move out of state because Denise's call effected her so greatly.)


However, Denise Lee's location couldn't be identified by the 911 system because she used a pre-paid wireless phone to place the call.

Unanswered Questions

BoldThe television newsmagazine posed this question: Could Denise Lee have been saved if the call-taker and dispatchers had kept their cool? It's a question that haunts her family.

Consequently, the Denise Amber Lee Foundation is lobbying for the creation of a national certification program for 911 call-takers and dispatchers. “We want to ensure that no other family has to endure the pure hell our family has experienced,” said Nathan Lee during this year's National Emergency Number Association (NENA) conference in Fort Worth, Texas.

Craig Whittington, NENA's newly elected president, who spent six years on the organization's educational committee before joining its executive board in 2007, is in favor of such a program. “You have to be certified to operate a tanning booth, but for 911 — the most critical link in emergency response — there is no certification,” Whittington said.

While a good idea, a national program likely would be difficult to create and maintain, said Rick Jones, NENA's director of operations. Funding would be at the heart of that difficulty. “When you address the need for training and certification, you indeed are going to escalate their costs,” he said.

Protocols and intuitive managers are key to reducing dispatcher pressure in 911 call centers.

Jones said that 911 call centers ideally would allocate 5% of their operating budgets for training but acknowledged that such a goal would be unrealistic for many, if not most, centers in the current economic environment. “Their training has been cut, and their practice time has been reduced for various reasons, [but] basically economic,” Jones said. “That starts to have a negative effect.”


The negative effect is three-fold. Rigorous ongoing training, core-competency standards and proficiency tests would increase the likelihood that call-takers and dispatchers act properly and — perhaps more important — instinctively. This, in turn, would make them more competent and confident, leading to reduced stress. And the less stressed that call-takers and dispatchers are, the less likely they are to lose their composure and make mistakes at crucial moments.


But such training, standards and testing largely are absent in the 911 world, a fact that Gordon Graham, the keynote speaker at NENA's conference, noted. Graham, a former California Highway Patrol motorcycle officer turned litigator and educator specializing in risk management, said, “Once you are hired, you will never have to take another test if you don't want to be promoted. The public deserves better.”

Grace Under Pressure

To illustrate the point, Graham spoke of US Airways Capt. Chesley “Sully” Sullenberger, who landed his airplane in New York City's Hudson River in January after several birds flew into the craft's engines, rendering them inoperable. According to Graham, Sullenberger said in an interview shortly after his heroic actions saved the lives of everyone aboard Flight 1549 that he tried, throughout his flying career, to make small deposits each day into his memory bank, knowing that one day he would “have to make a massive withdrawal.”


It was a sound strategy, Graham said, because doing so enabled Sullenberger to make instantaneous, life-and-death decisions on that fateful day. It's a lesson especially adaptable to the public-safety sector, whose personnel make such decisions on a daily basis.


“You will run into the unthinkable event someday, and you will have to make instantaneous decisions,” Graham said. “Whether you are prepared to do so is up to you.”


To prepare, Jones recommended that 911 emergency call centers at least implement protocols that every telecommunicator follows for every call the center receives. He suggested that centers adopt the protocols already established by the National Academies of Emergency Dispatch, the Association of Public-Safety Communications Officials (APCO) Institute or PowerPhone (a provider of crisis communications training), and resist the temptation to create their own.


“That's dangerous, because a local agency doesn't have the expertise,” said Jones, who further cautioned that centers also should resist altering the national protocols, because “sometimes they over-modify them.”


Emergency call center managers also can play an important role in reducing the stress encountered by 911 call-takers and dispatchers, according to Steve Wisely, director of APCO's Communications Center and 911 services department. He said managers should be trained to have a calming effect on telecommunicators. “It's important that the supervisory leadership has training that will allow them to act in a calm manner, even when high-profile incidents are underway,” Wisely said. “The supervisors set the tone for the workers that are reporting to them.”


It's also important that supervisors recognize when a call-taker or dispatcher needs to decompress or a shoulder to lean on for a few minutes, Wisely said. “A support system needs to be in place where a person can get out of their seat and go to a quiet place to contemplate [an incident] or talk to somebody, if they're troubled by it,” he said.

This article originally appeared in Urgent Communications, a FIRE CHIEF sister publication.

http://firechief.com/training/ar/reduce-911-dispatcher-pressure-200911/index.html

PCB GAP 10-03

Reasons to vote against this bill:

Committee Bill-PCB GAP(Government Affairs Policy) 10-03-Introduced last week would restrict 911 calls from public records for a period of 60 days. And then no audio would be released. Just a redacted transcript. And the person requesting the redacted transcript would have to pay for the transcript.
• On the surface, you would assume we would be for this as it saves the victims families from hearing these painful calls over and over. However, these calls are an invaluable training opportunity for the industry. We are making an impact with raising public awareness of the issues and shortcomings of this industry because of the publicity of this tragedy.
• The media has been good to us and not airing the most painful parts of these calls
• Dateline and Primetime would not have shed a national spotlight on these issues if these calls are suppressed.
• If you really want people to die in vain-go ahead and support this bill but I would ask everyone to be outraged about this bill. It smells of nothing more than to shield the sheriffs departments from public scrutiny. How is the public supposed to feel comfortable that it’s local sheriff or police dept. is doing a good job if they are shielded from how calls are handled? An editorial in our local paper said it best last week: “Do you get more out of a song by hearing it or reading the lyrics on a piece of paper?”
• You never hear calls made on 9/11. You never hear calls made to 9-1-1 during the Virginia Tech Massacre or the Columbine High School Massacre. You do not hear the calls made during the Fort Hood tragedy. You do not hear the 9-1-1 calls made during the “Miracle on the Hudson” when the plane was going down and Sullenberger miraculously landed the plane. Why? Because the majority of the media is sensitive. Yes, there are those bad apples that you have in every industry that sensationalize and prey on other people’s tragedies. But they are the few. It is up to the public to protest to those media sources. Not for the State of Florida to pass a bad law.
• Our daughter in law’s tragedy has been taught in classes across the country. She has not died in vain because of these classes. Her story is taught on Day 1 to all new call takers and dispatchers in the entire state of California. Her story has been taught as far away as Samoa. If this bill had passed two years ago, this would not be possible.
• If this law had been past two years ago, we would be unaware of the tragedies and inefficiencies of 9-1-1 that occurred with Brian Wood of North Port, Jennifer Johnson of Tampa, and Olidia Kerr Day in Plantation. Lessons can be learned by all these tragedies. Sadly, it takes tragedies such as ours to bring about improvements to flawed systems.
• We empathize greatly with other victims’ families. We feel their pain having told our story hundreds of times. We know the pain and suffering of having to relive Denise’s tragedy. But this is not about Denise and it is not about the past. It is about future lives. It is about preventing future tragedies and keeping other families from having to endure the pain and suffering we have.
• Our local sheriff and other sheriffs are elected officials. How are concerned citizens to make informed and educated votes without transparency.
• There would be no quality assurance. Yes, some comm centers do their own quality assurance, but is not that the fox watching the henhouse?

Vote NO to PCB GAP 10-03 "Tiger Woods Relief Act"

from the Palm Beach Post:

House to discuss restricting release of 911 calls

TALLAHASSEE, Fla. — Dubbed the "Tiger Woods Relief Act" by an opponent, a bill that would dramatically limit public access to 911 emergency calls is scheduled for debate in the state House.

The measure (PCB GAP 1003) scheduled to be discussed Wednesday would prohibit the release of recorded 911 calls. It would allow access to call transcripts, but only after 60 days and at the expense of whoever requests those transcripts.

Supporters say the measure is necessary because some callers might be hesitant to seek assistance knowing that the tape is subject to public disclosure. Opponents say public access, among other things, ensures proper oversight of emergency service and police departments.

The 911 calls related to the Tiger Woods incident came within days of the event.

http://www.palmbeachpost.com/news/state/house-to-discuss-restricting-release-of-911-calls-311978.html?showComments=true&postingId=327374#commentsList

my comment:

My daughter-inlaw died because of the failure of our 9-1-1 system. I oppose this bill. There is nothing more heartbreaking than to listen to your daughter in law's last words as she is kidnapped and driven to her death. The call lasted over six minutes. A 9-1-1 call that could've saved her was mishandled. We SHOULD NO Thave to listen to these calls. But then the 9-1-1 centers should not have FAILED. If we are to improve the system, we need to be made aware of these calls. Vote NO to this bill.

Friday, March 5, 2010

Benefit of the doubt

okay, maybe some of these legislators did or do believe that this is in the best interests of victims families. I will do my best to give them that benefit of the doubt. But truly we need to look at the bigger picture.

The possibility of future loss of a life is a much more painful event than having to listen to a call of distress.

We never hear from calls made on 9/11. We never hear calls from the Virginia Tech Massacre or the Columbine High School Massacre. We never hear calls from the tragedies in England (London bombings) or Spain (more bombings). Why? Because the majority of the media realize how sensitive these calls are. It is the select few rotten apples in the media who prey on tragedies and sensationalize them.

The whole thing is tragic. Sad. And I pray to God (if there is one, and I have my doubts but if my the off chance there is one) I pray to God that what is best for public safety trumps all else. I pray other families understand.

Dear Denise, I just do not know what to do. If you see God, ask Him to guide us and continue to look over us. And as always, remind Him we need more people like you.

Please OPPOSE this bill PCB GAP 10-03

It is bad on so many fronts! Our sheriffs are elected officials. How are citizens to make informed, educated votes if we do not know what is going wrong? How is there to be any quality assurance? How are we to learn from past mistakes? How are trainers across the country supposed to train without access to these calls?

Proponents say the public can get access after 60 days! But! then only after it has been redacted and then it's a written transcript. Then we have to PAY for not only the call but transcription costs etc...

Proponents say it is to protect victims' family of having to hear their tragedies on the news. HAH! I find that hard to believe. I am a victim's family member and no matter how heartbreaking and horrific or how many times I have to listen to certain calls, public safety needs to come first and all this bill would do, would be to protect police chiefs' and sheriffs' butts. If this bill had passed 2 years ago we would never have heard about Brian Wood in North Port, Jennifer Johnson in Tampa, and Olidia Kerr Day in Plantation, Florida.

It is shady and it is disturbing. If they want a victim's family perspective why have they not ask us? We've been in Tallahassee and they could approach us at anytime. Instead we had to hear about it from a complete stranger from up in Tallahassee.

Oh this is BAD. Please oppose it.

Here is a copy of the bill:

A bill to be entitled

An act relating to a public record exemption for E911 recordings; amending s. 365.171, F.S.; expanding the public record exemption for certain identification information of a person reporting or requesting emergency services to include the recording of such report or request; authorizing the release of a transcript of such recording 60 days after the date of a request for emergency services or a report of an emergency; requiring the requestor to pay the actual cost of transcribing the recording; authorizing the release of such recording to a public safety agency; providing for retroactive application of the public record exemption; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (12) of section 365.171, Florida Statutes, is amended to read:
365.171 Emergency communications number E911 state plan.—
(12) CONFIDENTIALITY OF RECORDS.—
(a)1. Any recording of a request for emergency services or report of an emergency using an emergency communications E911 system held by a public agency or a public safety agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. Upon receipt of a public records request, a transcript of the confidential and exempt recording may be made available by a public agency or a public safety agency 60 days after the date of a request for emergency services or a report of an emergency using such system; however, Any record, recording, or information, or portions thereof, obtained by a public agency or a public safety agency for the purpose of providing services in an emergency and which reveals the name, address, telephone number, or personal information about, or information which may identify any person requesting emergency service or reporting an emergency by accessing an emergency communications E911 system shall be redacted from the transcript. The person requesting the transcript shall pay the actual cost of transcribing the recording, in addition to any other applicable costs provided under s. 119.07. is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that
3. Such recording and record or information may be disclosed to a public safety agency. The exemption applies only to the name, address, telephone number or personal information about, or information which may identify any person requesting emergency services or reporting an emergency while such information is in the custody of the public agency or public safety agency providing emergency services.
4. This exemption is remedial in nature and it is the intent of the Legislature that the exemption be applied to requests for recordings received before, on, or after the effective date of this paragraph.
5. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2015, unless reviewed and saved from repeal through reenactment by the Legislature.
(b) A telecommunications company or commercial mobile radio service provider shall not be liable for damages to any person resulting from or in connection with such telephone company's or commercial mobile radio service provider's provision of any lawful assistance to any investigative or law enforcement officer of the State of Florida or political subdivisions thereof, of the United States, or of any other state or political subdivision thereof, in connection with any lawful investigation or other law enforcement activity by such law enforcement officer unless the telecommunications company or commercial mobile radio service provider acted in a wanton and willful manner.
Section 2. The Legislature finds that it is a public necessity that any recording of a request for emergency services or report of an emergency using an emergency communications E911 system held by a public agency or a public safety agency be made confidential and exempt from public records requirements. The need for emergency services bespeaks a very personal and often traumatizing event. To have the recordings made publicly available is an invasion of privacy that could result in trauma, sorrow, humiliation, or emotional injury to the person reporting the emergency or requiring emergency services, or to the immediate family of those persons. Additionally, to have such recordings publicly available could jeopardize the health and safety of those needing emergency services in that people, other than emergency service providers, could actually gain access to the scene of the emergency and thereby impede the effective and efficient provision of emergency services. Furthermore, there are those persons, who, for personal, private gain or for business purposes, would seek to capitalize on individuals in their time of need. Those reporting or needing emergency services should not be subjected to this type of possible harassment. Furthermore, to allow such recording to become public could chill the reporting of emergency situations to the detriment of public health and safety. Finally, the public record exemption still provides for public oversight by authorizing the release, upon request, of a transcript of such recordings 60 days after the report while maintaining protections for the individuals involved in the report or receipt of emergency services.
Section 3. This act shall take effect upon becoming a law

Wednesday, March 3, 2010

An open email written by me yesterday

to the Florida House Committee hearing bill PCB GAP 10-03:

I understand a bill that will be heard in committee for the first time tomorrow that will affect the ability of the public to ensure the E911 system is held to appropriate standards. The committee bill, PCB GAP 10-03, would exempt from the Florida Sunshine Laws all recordings of E911 calls. The public would be limited to a redacted transcript of the call available only after 60 days. I have grave concerns that the public would not be able to review the work of the E911 telecommunicators if this bill passes, because they would not be subject to review by anyone other than their departments. It is important for you to know that we strongly oppose this bill. And believe it would detrimental to public safety for many reasons. Many of you know the details of our tragedy and you know we have been fighting for improvements to our 9-1-1 system. How are we to fight for improvements if we are denied access to this information? How are independent studies to be conducted if denied access to this information? How is the public expected to vote for improvements if they do not know all the facts and are only told feel good stories? How was I ever to understand what went wrong in Denise’s case if I did not have access to the calls? For more information go to deniseamberlee.org .
While I appreciate and understand your concern for the impact listening to these phone calls in the media over and over again and how heartbreaking they are, I beg you to vote NO to this bill. I KNOW what it is like to relive a tragedy by hearing 9-1-1 calls on TV over and over again. But still believe that people need to know and they have a right to know how their public servants are performing. Consider this! Our sheriff is an elected official. How are voters to make educated informed votes if they are not informed?
Please do not pass this bill!
Thank you and thank you for your service,
Peggy Lee
Denise Amber Lee Foundation

Tuesday, March 2, 2010

Dear Denise, Good news and Bad news

Dear Denise,

I feel like banging my head against the wall. I am so frustrated and distraught. Thursday Senator Bennett's bill is going before a Senate Committee. Dad and I so WANT to be there to speak for it. But, I do not know how we are going to get there. UGH! It is so important and I just feel like crying with frustration.

There's another bill going before the House that as I understand it wants to suppress 9-1-1 calls to the public and the media! That is so wrong. As I understand it, listening to these calls on television is distressing to family members who have already experienced tragedy. I understand that. No one understands that better than our family. It means re-living the tragedy over and over. But, you cannot suppress this crucial information. You just cannot. Public Safety Officials need some kind of oversight otherwise these tragedies will continue to happen and they will continue to be swept under the carpet as they have been for years and that has got to stop. What's the saying? Foxes watching the hen house? In Charlotte County the Sheriff is an elected official. Therefore, he is a politician. So worse than foxes, you have politicians watching the hen house. Ugh!

I cannot tell you how distraught I am.

The good news, sweetie, is we have someone (a kind angel from England) working on your Wiki page. He is cleaning and polishing it. He has not gotten to the crime part yet or the trial but he has cleaned up your bio and is working on sources. The sources are necessary and it will finally be up to Wiki (or better "encyclopedia") standards!

sigh

That is so nice. So many people have helped us on this journey. It is heartwarming.

I miss you, sweetheart. And we are TRYING to do all we can.

I took the kids to school today and gave them two pebbles with angels on them. They were thrilled! Noah wants to put his with the other angels beside your grave near all the flowers. He was ecstatic and showed his teacher as soon as he walked in the door at school.

Love you, pumpkin.

Tuesday, February 23, 2010

Editorial in today's Sun

02/23/10
A good model for public accountability


OUR POSITION: The state Legislature and public agencies can learn something from North Port Police Chief Terry Lewis' response to his agency's mistake.


Government agencies make mistakes. Businesses make mistakes. People make mistakes all the time. Everyone knows that.

When they make mistakes and when the mistakes have a public impact, the public can reasonably expect certain things occur: that there is some form of appropriate sanction or penalty, and that steps are taken to ensure the mistakes will not be repeated.

We call that accountability. We can't prevent mistakes, but we can put new procedures or systems in place that make the same mistakes less likely in the future. That's what happens, ideally, after a plane crash, when the brakes on automobiles don't work, after banks using unsound financial practices shake the economy or someone tampers with a bottle of Tylenol.

The critical points are to acknowledge the error, deal with the immediate impacts and take steps to prevent a repeat. It sounds pretty straightforward, but it's amazing how difficult that process can be in practice.

Public agencies looking for a good model of accountability in response to mistakes should pay attention to recent actions taken by North Port Police Chief Terry Lewis following a recent botched 911 emergency call. Lewis got it right.

On the night of Dec. 11 last year, a call came into the North Port police station alerting the dispatcher to a car off the road with a body nearby at a semi-isolated spot. The callers couldn't remember the exact name of the street, but got something close to it.

Rather than telling the caller to wait for an officer at the store where they had made the call, the dispatcher tried to locate a street with a similar name. Unable to find it, she simply gave up. No officer was contacted.

Some 16 hours later, another call came in and the body was located. The driver was dead, but no one knew if his life could have been saved if the police response had come quicker.

Lewis immediately took responsibility for the mistake -- caused by the dispatcher, not the 911 system. He apologized. He took time to review the incident and eventually fired the dispatcher, who is now appealing her dismissal.

Although he defended his call center system -- noting operators received far more training than is required by the state -- Lewis asked outside agencies from Lee and Marion counties to review the operations. Just over a week ago, they recommended another course be added to the basic training and a more-structured "quality assurance" system be set up to monitor ongoing operations. Lewis said these steps would be taken.

Just after the incident, Lewis acknowledged "the damage (it had) done to citizen's confidence in the department." By taking the right steps, he is restoring that confidence. He got it right.

That model of "what to do" is one we hope Florida legislators follow as they review bills sponsored by state Sen. Nancy Detert, R-Venice, and Rep. Ken Roberson, R-Port Charlotte, that would improve emergency 911 call training throughout the state. Lawmakers sidestepped the issue last session. They need to get it right this year.

Mistakes happen. It's relatively easy to acknowledge and apologize for them. In the end, though, what matters most is that reasonable, intelligent, appropriate steps are taken to make sure the same mistakes don't happen again.

That's what accountability is all about.

http://www.sunnewspapers.net/articles/edStory.aspx?articleID=452980

Sunday, February 21, 2010

Dear Denise

It was a crazy week last week. All in all it was a very GOOD week. Dad and I drove to Tallahassee with Dave G Monday evening after work. Tuesday AM I spoke in front of a House committee. As you can imagine it was very emotional for me talking about you and how losing you has changed our lives (mostly Nathan, Noah and Adam's) forever. There is not a moment that I stop thinking of you. The House committee was very supportive and professional. Some members had funding concerns. I find that unbelievable. As far as we are concerned this is not a funding issue but a priority issue. They are already spending money for training anyway! A couple house members shot down the opposition quite effectively. I would never have been able to get thru it, if your spirit had not been with me giving me courage and strength.

That's what I admired most about you while you were alive. Your courage and strength should be an inspiration to women everywhere. Sadly, I did not realize just how courageous and strong you were while you were alive. I will never forgive myself for not having gotten to know you better. I knew you were shy and therefore I tried not to force you into talking unless you wanted to. I do remember that whenever you did have something to say it was always important. I also remember your grace. I never heard you say a negative thing about anyone. But, I honestly thought we would have years and years together of holidays and baseball games and that our bond would be forged through time. It breaks my heart we did not get to know each other better.

The house passed the bill through committee "unaminously". I cried tears of relief. It was so heartwarming. Someone said I should feel proud. But I do not. Our family would not be doing all the things we have been doing if we had not lost you. How could I feel pride in losing you? It is an odd feeling.

Coming home on Tuesday we stopped in Brandon for something to eat. Oh my gosh. Remember the day we went shopping? People do not realize we did not get to go shopping because of shortage of money. We only ever went shopping twice. The day in Ellenton and the day in Brandon. I thought we had years ahead for shopping and lunching. So I cried some more.

Anyhow, Nathan spoke in front of the Senate committee on Thursday. We watched it on TV. You would be proud of him, Denise. You were his soulmate. He's trying to move on and be the best dad he can. And Thursday night Dad and I got to go to Noah's T Ball practice. Oh my gosh. He reminds me so much of you. His smiles, his eyes, his mannerisms, his silliness.... He is silly and I remember how you used to smile and be downright silly. Full of fun. I just watch him and think of you. Friday AM I took the boys to school and Noah talked a mile a minute about you. He started with "My mommy is looking down on me. She sees everything I do." So, I let him chat and we chatted the whole way. Sadly, Adam was not a part of the conversation. I tried to lure him into it but he has no memories at all. People say how sad it is that you will not be here to see them grow. But I tell them you are here. I'm just profoundly heartbroken that they will not be able to ever experience your physical presence again. Your hugs and your smile.

I dreamt about you for the first time a couple of weeks ago. I have nightmares quite often and they are violent. I will not share them here. I have never dreamt about you though. So, the other night I had a very brief dream of you. You were standing near me and I asked if I could hug you one more time. We hugged and then I woke up. I wish I could hold on to that dream forever. I think of it everyday and it gets me through.

I love you, babydoll. And I miss you desperately.

Friday, February 19, 2010

Testimony of Assemblyman David Koon from New York

even after 17 years the fight goes on...

When will funding never be an issue? It seems to be a perennial issue.

God bless him and his family.


Good morning. My name is David Koon and I represent the eastern portion of Monroe County in Western New York in the New York State Assembly. I truly appreciate the opportunity to testify here this morning before the Subcommittee on Communications. I would like to begin by thanking the FCC and Congress for taking the initiative to encourage development and
deployment of wireless Enhanced 911. Both the FCC and Congress recognized early that this was an important public safety issue and I am grateful for the hard work and leadership shown during this evolving process of improving and implementing wireless E911.

The issue of wireless E911 service has deep personal meaning for me. In 1993, our daughter was abducted and murdered in Rochester, New York. We had installed a wireless telephone in her car in the event of an emergency so that Jennifer could call 911 for help. Somehow Jennie managed to dial 911 for help from her car phone, however, the 911 dispatcher was unable to
locate her. The dispatcher listened helplessly to the last twenty minutes of Jennie’s life. It is this personal family tragedy that prompted my involvement in public service – to help make New York a safer place. I am deeply grateful to have the opportunity to share my story with this committee in the hope that the implementation of E911 technology in EVERY state will make it possible to determine the location of a person making a wireless 911 call.

It has been recognized in New York State that there is a problem with the funding of our Public Safety Answering Points (PSAPs). The state collects a monthly wireless 911 surcharge that could be used for the upgrading of the locator technology. However, New York State and many other states are not using this surcharge to provide funding for the PSAPs. This country faces a difficult public safety problem because the reality of wireless E911 is that each state is different in the advancement of the cellular technology to locate a 911 caller.

With the guidance and leadership of Speaker Sheldon Silver, Assemblymembers Robert Sweeney, Roann Destito, and Thomas DiNapoli and many other of my colleagues in the New York State Assembly, I have recently introduced a new piece of legislation that will change how New York State funds the deployment of wireless E911 technology. A copy of this bill
(A.3911), which passed the Assembly on February 24, 2003, is attached to my written testimony for your reference.

After many attempts to fund a successful E911 program in the state of New York, I think that we have finally found a solution modeled after Virginia’s successful program. This legislation creates the Wireless 911 Local Incentive Funding Enhancement (LIFE) Program in order to provide localities with funding to expedite the development of enhanced wireless 911 service. Wireless 911 LIFE will encourage the development of enhanced wireless 911 services by providing funding to local wireless emergency dispatch centers or PSAPs. In order to be eligible, local PSAPs would have to submit a written plan, including a financial plan and implementation timetables, to the State 911 Board for approval. Upon approval, local PSAPs would be eligible for funding related to equipment, software, and hardware necessary to provide enhanced wireless 911 service. Bonds will be issued by the Dormitory Authority to fund the costs associated with the program. The debt service on these bonds would be paid from the existing New York State wireless 911 surcharge. This program will give vital technology dollars to municipalities NOW – and avoid the postponement of this important safety issue any further.

My current legislation is an extension of legislation passed in 2002 that enacted the Local Enhanced Wireless 911 program. This program provided $20 million from the existing cellular surcharge to help localities fund costs associated with the provision of enhanced wireless 911 service. Ten million dollars in funding was made available to reimburse “eligible wireless 911
service costs”, which include installation and maintenance of equipment, hardware, and software designed to meet the FCC enhanced wireless guidelines. Further, ten million dollars in funding was made available to purchase additional equipment. The program is administered by a 13-member board organized within the Department of State. The 2002 legislation
reimburses localities for incurred expenses. The current legislation will allow localities to receive funds prospectively - ensuring quicker access to costly technology. As I mentioned before, this legislation was modeled after a program in Virginia that provides funding to PSAPs in a similar manner and has found that it greatly expedited the availability of wireless
E911 service. At present, Virginia has well over fifty percent of the state in compliance with the Phase I requirements and expects to fully comply with the Phase II requirements in the immediate future. Every state should demand the same technology.

It is important to remember that successful implementation of wireless E911 nationwide requires the cooperation of all parties involved – local, state, and federal governments, law enforcement agencies, carriers, and manufacturers. It is also important for the public to be better informed and educated about the process. These hearings are an important step
towards both increasing participation of the public in this process and getting input from different organizations. Again, thank you for the opportunity to speak before this committee and I look forward to answering any questions that you may have.

Wednesday, February 17, 2010

Another devastating tragedy, things just have to change....

Hazelwood man dies after 10 calls to 911 over two days

Wednesday, February 17, 2010
By Sadie Gurman, Pittsburgh Post-Gazette

In his first call to 911, Curtis Mitchell sounded calm, explaining to dispatchers that his "entire stomach [was] in pain."

By the time his longtime girlfriend made a 10th call nearly 30 hours later, she was frantic. He wasn't breathing. He was cold to the touch.

"Oh God, oh God," Sharon Edge sobbed to dispatchers. "I've been trying to get an ambulance over here for three days."

Paramedics arrived at their Hazelwood home as Ms. Edge tried to resuscitate the 50-year-old, but it was too late.

"I sat up here with him, watching him die," Ms. Edge said Tuesday, after city officials apologized to her and pledged immediate changes in emergency response after Mr. Mitchell's death on Feb. 7. "They didn't do their jobs like they were supposed to."

Snow-covered roads, poor communication and a 911 center deluged with more than double the average number of calls during last week's crippling snowstorms combined to cause Mr. Mitchell's long wait, city officials said.

Ambulances were dispatched three times on Saturday, Feb. 6, to the couple's home in the 5100 block of narrow Chaplain Way, but couldn't get there because of the snow. Paramedics twice asked whether Mr. Mitchell could walk to an intersection, even after he told them that he could not because he was in too much pain.

Emergency vehicles were within blocks of his home three times -- once so close Ms. Edge could see the ambulance lights from her porch -- but did not make contact with him. They finally reached the home on Sunday morning, Feb. 7, but Mr. Mitchell was already dead.

"We should have gotten there," Public Safety Director Michael Huss said. "It's that simple."

Complicating matters, communication problems meant that each call was seen as an individual request for help. Information gained on previous calls was not passed down during the next request, said Ron Roth, medical director for the city's public safety department and Allegheny County's emergency operations center.

"As a result, we made the same request over and over," he said.

Dispatchers sent the first ambulance to Mr. Mitchell's home just after 2 a.m. on Feb. 6, after he called complaining of abdominal pain, according to dispatch records. The call was graded E-2, or less pressing, as his symptoms were deemed not life-threatening. He called 911 again two hours later, asking what the hold-up was.

The call-taker told him medics were on their way, but the ambulance got stuck in the snow near the Elizabeth Street Bridge. The call was canceled after paramedics learned that Mr. Mitchell was in too much pain to walk out to them. Mr. Mitchell said he would try again later.

A second request for help was made about an hour after the first was canceled, though medics were not aware that an ambulance had gotten stuck while en route the house earlier. They, too, became stuck, according to Dr. Roth's report.

"If he wants a ride to the hospital, he is just going to have to come down to the truck," a medic told the dispatcher. Mr. Mitchell said he would try to walk to the truck, but later told them he couldn't make it across the bridge. The second call was canceled.

The third call for an ambulance came nearly five hours later, at 11:17 a.m. Saturday. Mr. Mitchell reported similar abdominal pain, and officials identified "no priority symptoms," and the call was held because of limited availability, Dr. Roth wrote in his report.

"At this point in time, higher priority calls are being held, there are over 30 calls in the pending queue," he wrote.

At about 8:15 p.m. Saturday, nine hours later, the call was upgraded to E-1, or higher priority, because Ms. Edge, who had begun making the calls on Mr. Mitchell's behalf, told call-takers he was short of breath and that they'd been waiting all day.

Less than an hour later, Ms. Edge called again to tell dispatchers that her boyfriend took sleeping and pain pills and she "could not get him up."

A doctor who called Ms. Edge back was "convinced he took his prescribed medications and went to sleep," Dr. Roth said, and the call was canceled.

In the final call, about 8 a.m. Sunday, she screamed for help. The call was graded E-0 -- a top priority. But when paramedics arrived, Mr. Mitchell had already died.

The cause of death is pending toxicology test results, the medical examiner's office said. Dr. Roth wrote that Mr. Mitchell had a history of pancreatitis, though his reported symptoms were not exclusive to that disease.

"It's unacceptable what happened," Mayor Luke Ravenstahl said. "It needs to change. We're talking about somebody who lost their life, and it's no small matter."

The city planned today to start dispatching firefighters as first responders on medical calls of the two highest grades of severity, and on calls of the third highest level that remained unanswered for more than 30 minutes. Firefighters are currently only called as first responders to the most severe incidents.

Sadie Gurman: sgurman@post-gazette.com or 412-263-1878.


Read more: http://www.postgazette.com/pg/10048/1036403-53.stm#ixzz0fqg3GOKD

Tuesday, February 16, 2010

Denise Amber Lee Act Clears Comittee

from Capitol News Service:

Denise Amber Lee Act Clears Committee

February 16th, 2010 by Mike Vasilinda

9-1-1 Emergency operators will have to undergo increased training under legislation approved by a State House Committee this morning in Tallahassee. The legislation was inspired by the preventable death, as Mike Vasilinda tells us, of Denise Amber Lee, a Sarasota woman kidnapped and murdered in 2008.

The young mother was abducted in January 2008. Surprisingly she was able to use her kidnapper’s cell phone to call 911.

A second 9-1-1 call came from a motorist who saw Denise stressed out in the back of a car.

The hitch came when the calls were not relayed to police by an untrained operator. By some accounts, the kidnapper drove past at least three police cars who could have saved Denise.

Denise’s mother-in-law teared as a House committee debated a bill to require training. Police and sheriffs question the cost of additional training. So do some lawmakers.

“I want to be assured that there is no cost, that it is financially neutral,” Rep. Bill Proctor (R-St. Augustine) said.

Sponsors say what is not acceptable is calling 9-1-1 and getting a different response, depending on what part of the state you’re calling from.

15 other states already have similar laws on the books.

“Florida is certainly lagging behind in that regard,” Richard Pinsky with the Emergency Operators Association.

And there were more tears when the bill passed.

“This is about saving future lives and we just don’t want this to happen to anybody else,” Peggy Lee, Denise Amber Lee’s mother-in-law said.

“When you hear about the costs, you know, we all know what the cost is, it’s a lost life,” Mark Lee said.

Michael King has been sentenced to death in the case.

A Senate Committee hears similar legislation Thursday….but in tight budget times, passage is not a sure thing.

link: http://www.flanews.com/?p=8644

also from NBC2: http://www.nbc-2.com/Global/story.asp?S=11994018

another: http://vodpod.com/watch/3063099-denise-lee-act-clears-committee

Lee's 911 bill sparks opposition in today Charlotte Sun

Group: 50-cent fee is too small of a funding source


HB 355 Public Safety Telecommunicators
King Convicted
"I would have let you go but ..." jurors heard Michael King tell his victim, Denise Amber Lee, in a 911 call Denise secretly made that convinced them to convict him of her murder.

But it was another 911 call by an eyewitness who saw Denise struggling in the back seat of King's Camaro -- in which help was never sent -- that led her family and friends to start a foundation to correct flaws in the 911 system.

Today, Mark and Peggy Lee, parents of Denise's widower, Nathan Lee, both members of the Denise Amber Lee Foundation, plan on attending the state House health-care hearing in Tallahassee, where a bill promoting universal training for 911 call takers and dispatchers will be introduced. Peggy plans to speak at the hearing. On Thursday, Denise's father, Rick Goff, a longtime Charlotte County sheriff's sergeant, and Nathan plan on attending the hearing when the bill is heard in the Senate.

Denise was kidnapped from her North Port home in January 2008. After five 911 calls from family, witnesses and Denise herself regarding her whereabouts, no one could find the missing 21-year-old mother of two. Her remains were discovered near a wooded area along Toledo Blade Boulevard -- the same road eyewitness Jane Kowalski told a Charlotte County sheriff's 911 call taker she last saw King's Camaro. The call taker never sent deputies.

The nine-page House Bill 355 -- known as "Electronic 911" or E911 -- introduced by state Rep. Ken Roberson, R-Port Charlotte -- would require 911 call takers and dispatchers to take mandatory public safety telecommunications training and pass an examination administered by the state Department of Health with competency and proficiency testing.

Funding for the training would come from 50 cents that's already paid by telephone customers. Currently, the $50 million in the Public Safety Trust Fund generated from the counties' 911 charge on each telephone bill is used to pay for police training and equipment, Roberson said. Funding guidelines don't specify the money be used for 911 training.

The bill calls for universal training -- from 208 hours of voluntary training that's in place now to 232 mandatory hours -- with 20 additional hours of training for the biennial renewal requirement. The CCSO maintains it already exceeds voluntary training hours.

North Port City Commission Chair David Garofalo, a Lee Foundation board member, also plans to speak at the hearing today.

"There might be some opposition," Garofalo said Monday, alluding to a letter sent to the Association of Public Safety Communication Officials from Doug Christ, president of the Florida Chapter of National Emergency Number Association opposing the bill.

According to Christ's letter, NENA clearly "supports standardized training and certification of 911 call-taking personnel," but the 50-cent fee is simply too small of a funding source.

"There are no more rabbits we can pull out of the hat regarding how we can stretch the 911 fees," he wrote. "There has also been concern expressed regarding the apparent requirement of retraining telecommunicators who may have already gone through hundreds of hours of expensive training prior to the legislation taking effect."

However, state Sen. Nancy Detert, R-Venice, said she doesn't buy the arguments.

"They are not happy because they will have to pay overtime for the training," she said. "It's bogus. I've had enough of this -- safety can't wait.

"How many more times do we want to be on television shows like '20/20' showing the horrible mistakes that have been made in our 911 system? A North Port dispatcher left a man lying in the middle of the street for 18 hours because she didn't send help. She clearly didn't have the proper training," Detert said, referring to Brian Wood, who in December had crashed his truck in a remote area of North Port Estates. A teenager saw Wood and called 911, but could not remember the name of the street he was on. The dispatched failed to send help, and no police responded until a second 911 call was made the next evening.

Christ said Monday that NENA wants to "wait a year" and study the issue and how to fund it. He is supporting a substitution bill initiated in Pinellas County delaying implementation for a year.

"We'd like to see a task force established," Christ said. "We want a true statewide cost analysis. Our research and experience indicates that current 911 fees simply cannot absorb the cost of mandatory training. No one is giving us how much this will cost. I hear it could be $2 million just in Pinellas alone. Our goal is to ensure this becomes a successful piece of legislation as opposed to a costly 'feel good' bill."

Detert disagreed, saying there was no time to "rip apart" the bill.

"It's time to close the book on the bill," she said, adding she met Monday with lobbyists for the Police Chiefs Association, Sheriffs Association, Florida League of Cities and Florida Department of Law Enforcement regarding the bill.

"If they don't like it, they are going to have to get used to it and learn to like it," she said.

Garofalo said 911 funds should be spent for training telecommunication employees.

"Once the money is spent on training, it's up to the employee to pay for recertification," he said. "As far as making employees who have already had the training get retrained, it's not a bad idea. There have been some longtime operators who made mistakes that created liabilities for departments."

Nathan has said he wants to see positive changes made so his wife didn't die in vain. If the bill passes, it would take effect in July.

E-mail: eallen@sun-herald.com


By ELAINE ALLEN-EMRICH

North Port Community News Editor

Monday, February 15, 2010

Florida NENA

Unbelievable. We're on our way up to Tallahassee as I type to speak in front of the Florida House committee to urge them to pass HB355. Nathan and Rick will be there on Thursday to speak to the Senate Committee to urge them to pass SB742. Both bills are identical and both bills call for mandatory certification and training for all 9-1-1 call takers in the state of Florida.

Now, FL NENA opposes it. Why? Money. At least that's what they say. There are not enough funds. That's ridiculous! They oughta find the funds. It should not take rocket science and more studies. Get someone in there smart enough to find it. We're paying for it on our cell phone bills already. Where is that money going?

How many more people have to die due to call taker error???? They are the first link in the chain of our public safety. How can you put a price on Denise's life? or Olidia Kerr Day's life? or Brian Woods life? or Jennifer Johnson's life? and they are just a few in the past two years that we've HEARD about. How many have we not heard about that were covered up?

It's also odd considering we're working with and have the support of national NENA.... Unfriggin' believable.

These bills will not only help protect our citizens but they will help protect our first responders. The Florida Fraternal of Police support the bill! They agree wholeheartedly that something must be done.

But FL NENA apparently wants to spend the money elsewhere. That's just unconscionable IMO. If the call taker does not get the call right then the fireman may not make it to the fire, the EMT may not make it to the medical emergency, and the police may not be able to prevent an abduction about to be murder (as in Denise's case) in progress.

And more people like Brian Wood from North Port may be left lying beside the road "barely alive" and "soon to be dead" and then finally "dead" for 18 hours!

Ugh~

Friday, January 15, 2010

Sunday marks 2 years

This Sunday will mark the second anniversary of Denise's death. My mind has been on her quite a bit recently. Between the holidays, Noah turning 4 (gosh I still think of him as 2), the trial, end of year newspaper stories etc... It's tough not having Denise on my mind.

I keep visualizing her coming through the door into the kitchen at our old house carrying Adam in his carseat. The carseat was huge, Adam weighed a ton, and Denise was so petite. Every time I think of her she's smiling.

"Every time I think of her she's smiling"...... hmmm... that's not totally true. In the beginning I could not get what happened to her out of my mind. It was hard thinking of her without visualising in some way the pain and terror of how she suffered. She was a beautiful, sweet young woman. If there were any flaws about her, I certainly never saw them.

But, it's true that now when I think of Denise the evil part (michael King's evil) does not always intrude.

The world lost a very wonderful person when it lost Denise. She was innocent, she was kind, she was sweet, loving, giving and truly selfless. The boys and Nathan always came first with her. Gosh, how she loved Nathan. She worshiped the ground he walked on. And how Nathan loved her and still loves her. He says he'll never stop loving her. It is all so very humbling.

The boys are doing well. We do not see them as much as we were and I miss them desperately. Adam has become a 2 year old hellion. He's so damn cute and he has Denise's smile. He's a stinker! And he knows it... he also knows how damn cute he is! Noah on the other hand is a tad bit more serious and very practical about just about everything. Both are precious... Oh, Denise... I'm crying not having you here. I know you are with us. I believe that or at least I do my best to believe that. We are doing our part to keep your spirit alive. I miss you so much.

It's unbelievable that people question our grieving. They have absolutely no clue.

Sunday we will be going to church as a family.

We are still working on the 9-1-1 front. We're doing our best behind the scenes to see that legislation in Florida passed. We are speaking at different county delegations trying to encourage the legislators to make 9-1-1 reform a priority. The response has been very good. Mark usually has me speak when Nathan cannot be there. I'm getting better at it. It is not so easy putting pain on display. My nerves are usually frazzled before I speak and afterward. But it is something I want to do.

Denise should be alive today. There is no doubt in my mind about that. She'd be damaged, sure. But she'd be home with people loving her.

As to Michael King? His picture was in the paper the other day. (His appeals have started.) He looks like Uncle Fester in the Addams Family only evil. But no matter. Even if they were to hang him tomorrow it would not bring Denise back.

Miss you, Denise. I wish we could hug. I wish I could caress your face just one more time. You were beautiful inside and out. Oh sweetie.

sigh

Monday, January 11, 2010

NENA letter written by Craig Whittington to NBC

The letter below is from the current President of NENA to NBC in response to the Today Show airing last week. Momentum for National training and certification standards is building!!

To all NENA members and 9-1-1 professionals proudly serving in our nation's PSAP's. The follow letter was sent to NBC Last Friday...

Craig W

Craig Whittington, ENP
9-1-1 & Special Projects Coordinator
Guilford Metro 9-1-1
Greensboro, NC
NC NENA 9-1-1 Hall of Frame

President
National Emergency Number Association (NENA)

On Thursday, January 7, NBC's Today show ran a segment entitled, "911 [sic] Emergency: Are Operators Ready for Your Call?" Like anyone who saw this report, my heart goes out to Ms. Cantrell and her family. The loss of a child, especially one as young as Matthew, is every parent's worst nightmare. Mr. Rossen's report highlighted a number of the most pressing issues facing 9-1-1 today, including insufficient training requirements and standards, the
raiding of state 9-1-1 funds, and a lack of strong coordination and oversight at both the state and federal levels.

However, I regret that the story did not adequately represent the reality of 9-1-1 service in this country. Americans have come to expect a high quality of service when dialing 9-1-1, and rightly so; the public's expectations have been generated because our nation's emergency communications professionals have provided the public they serve with reliable, consistent, timely, and professional service literally billions of times since the nation's first 9-1-1 system was implemented just more than forty years ago.

Since the beginning, 9-1-1 has continuously and successfully adapted to changes in communication technologies and devices (cell phones, Voice over IP, etc.), overcoming a lack of funding, cooperative and proactive system planning and deployment, or comprehensive, nationwide standards for training of 9-1-1 telecommunicators. While the calls highlighted in the Today segment (including a Detroit call taker chastising a young boy for calling 9-1-1 and another telecommunicator falling asleep during a call) provide ample fodder for television and print stories, they are certainly the extreme exception and not the rule when it comes to everyday 9-1-1 center operations.

Additionally, no 9-1-1 call taker should ever be blamed if their local government or 9-1-1 Authority has not implemented practices designed to help telecommunicators save lives, such as Emergency Medical Dispatch (EMD).

These implementations are major local policy decisions involving the 9-1-1 center, the local government, Emergency Medical Services (EMS) provider, and Medical Director in order to ensure proper training, oversight, and regular audit and review. The decision to use EMD cannot be made at the discretion of the telecommunicator working in the Public Safety Answering Point (PSAP). Further, just "knowing CPR" as discussed in Mr. Rossen's interview with Ms. Cantrell does not sufficiently prepare a telecommunicator to provide CPR instructions over the phone. Walking a caller to 9-1-1 through a medical procedure, even one that may seem as basic as CPR, requires that an approved EMD training and certification provider certify the telecommunicator in EMD and that the 9-1-1 agency have an ongoing and approved EMD program (most often operated under strict state guidelines and inclusive of a regular Quality Assurance and Improvement process to assure compliance with the EMD program).

Nevertheless, no call for help should ever be mishandled. Any tragedy occurring because of a lack of training, supervision, or other shortfall of the 9-1-1 system is simply unacceptable. I, along with the thousands of NENA Members across North America, stand beside APCO President Mirgon, his association's membership, Congresswoman Eshoo, and the Congressional E9-1-1 Caucus in our commitment to working with all stakeholders in the emergency communications field, including decision makers at all levels of government, to ensure that our nation's 9-1-1 professionals are trained and equipped to deliver the same
high-level service to every caller - no matter where they live or travel or what device they use to contact 9-1-1. That is why NENA, in no uncertain terms, supports the development and implementation of standardized, mandatory, nationwide training requirements for every 9-1-1 telecommunicator serving in each of our nation's more than 6,000 PSAPs.

Further, in order to ensure that all Americans have access to the 9-1-1 service they expect and deserve, the patchwork technical solutions of the past will no longer suffice. Our nation's safety and security from threats both natural and manmade necessitate a new approach. As was alluded to during the Today story, most states underfund the vital system and infrastructure upgrades that are needed to ensure that 9-1-1 is able to effectively and efficiently handle all calls. The public and policy makers must be made aware of the need for an IP-based Next Generation emergency communications system that harnesses the power of broadband to ensure that all entities in the response chain can communicate and transmit voice, images, and data seamlessly.

In closing, I am sure we can agree that 9-1-1 personnel are our nation's first first responders and their training must be of the highest possible caliber. Each and every dollar spent on the training of our 9-1-1 professionals should be looked at as an investment in the quality of life for the community they serve and NOT as just another government expense. No one should ever call 9-1-1 for assistance and not get the very best trained public safety professional (with access to the best available technological resources) to answer their call for help. Lives depend on it.

I look forward to working with NBC and all other media outlets on future stories fully portraying both the successes and shortfalls of the 9-1-1 system as we work to educate and inform the public and government officials about the challenges faced by public safety professionals every day and how we can work together to solve them.

Respectfully,

Craig Whittington, ENP
NENA President

Today's Sun

King's Lawyers file death penalty appeal

SARASOTA -- Attorneys for Michael King have listed 21 reasons why he should not be put to death, including that the death penalty is "unconstitutional" and the state should not have used eyewitness 911 calls as evidence during his trial.

On Dec. 21, King's attorney, Assistant Public Defender Carolyn Schlemmer, filed a motion to the Attorney General Criminal Appeals and the Clerk of the Florida Supreme Court appealing a judge's decision to sentence King to death.

Last year, King was found guilty in the kidnapping, rape and murder of 21-year-old Denise Amber Lee.

King held Lee at gunpoint when he took her from her North Port home on Jan. 17, 2008. Her remains were found two days later, buried in a wooded area of Toledo Blade Boulevard.

After a three-week trial at the Sarasota County Courthouse that ended in September, all 12 jurors recommended a death sentence.

During the December sentencing, 12th Circuit Judge Deno Economou became emotional while reading into the record what King did to Lee. He agreed with the jury, sentencing King to death.

Florida law requires an automatic appeal in all capital murder cases such as King's.

In Schlemmer's appeal, she calls the death penalty -- reinstated by the U.S. Supreme Court in 1976 -- unconstitutional. The appeal states the defense counsel should have been allowed to further interview jurors, and criticizes a unanimous decision needed for the jury to conclude in the penalty phase of the trial, as well as "unreliable and misleading evidence" from a state Department of Law Enforcement firearms analyst.

It goes on to state the 911 call Lee made while trapped inside of King's Camaro should not have been allowed in court, as well as another 911 call played in court made by witness Jane Kowalski, who saw King's car on the evening Lee was taken. Kowalski reported someone -- now known to be Lee -- screaming and slapping the window in the back seat of the Camaro, stopped at a traffic light next to her.

The prosecution's use of bullet casings, voice identification and allowing state doctors to evaluate King during the trial is also being appealed. Schlemmer being denied a motion for a mistrial and an acquittal are also listed as grounds for an appeal, according to the attorney.

Schlemmer wrote that King was denied a change of venue outside Sarasota, therefore, he was not given a "fair trial." The suppression of certain evidence and the court's finding of King's competency during the trial are also listed.

Schlemmer noted there were "errors" made in the sentencing order, as well as "the court's error" in allowing "certain portions of victim impact statements during the penalty phase" of the trial.

However, before the trial, Schlemmer filed motions to have some evidence suppressed -- such as King's demeanor when he was arrested and early evidence collected in a police raid of King's North Port house where Lee was raped -- and won.

Schlemmer could not be reached for comment.

Assistant State Attorney Lon Arend said he believed King, who stared straight ahead and was emotionless through most of the trial, faked a mental illness.

"He was competent to stand trial," Arend said. "We had tapes from the night he was arrested showing Michael speaking and moving around. They were suppressed, so the jury never saw them."

Arend said an appeal is the appropriate step in King's case.

"It is important that each and every issue brought up by the defense in the trial be included on the notice of appeal so that they can be reviewed by the Supreme Court," he said. "In order for a just, true sentence to be carried out, everyone has to be ensured that the defendant received a fair trial, and the Supreme Court review is an automatic part of the process.

"The fact that his attorneys have so thoroughly documented every possible argument is a testament to their professionalism, and should assist the Florida Supreme Court in what hopefully will be a thorough yet expeditious review of the trial," he said.

Arend said that if King's appeal is not overturned, he could be executed -- most likely by lethal injection -- in five years.

"It should not take 15 years," he said. "Laws have changed to make executions more speedy when appeals have been exhausted."

E-mail: eallen@sun-herald.com


By ELAINE ALLEN-EMRICH

North Port Community News Editor

http://sunnewspapers.net/articles/pnnews.aspx?NewsID=450595&a=newsarchive2/011110/ew2.htm&pnpg=0

Friday, January 8, 2010

Today's Herald Tribune Editorial

When 911 goes right

Tampa episode offers a model for other departments to emulate

Published: Friday, January 8, 2010 at 1:00 a.m. Last Modified: Thursday, January 7, 2010 at 6:48 p.m.

Sometimes, 911 call-takers fail to live up to the public's high expectations. But sometimes they exceed them, in extraordinary fashion.

A Tampa 911 case this week fell into the latter category, exemplifying all that can go right when technology and operators work well together.

As described in the St. Petersburg Times and other Tampa Bay area news sources, the case involved an attempted rape in progress.

Ve'Etta Bess took the 911 call, secretly dialed by the victim, and heard only silence and screams. Yet, with a combination of skill, intuition and grace-under-pressure teamwork, she and her colleagues tracked and confirmed the location of the crime, dispatching police in time to stop the assault.

That is the kind of performance that people expect from the emergency communications system, yet 911 calls don't always have such a happy ending.

Dispatching errors, operator mistakes and address confusion, for example, were seen in North Port, Charlotte County and Sarasota in the past two years. Other communities and states have had problems as well.

Such cases -- most infamously the failure to relay emergency calls that might have caught a kidnapper before he killed Denise Lee of North Port -- have sparked a strong push for 911 reforms in Florida. Local legislators have proposed bills that would improve oversight of the emergency-call system and work to make it more seamless.

Lawmakers weighing these reforms may learn something from the Tampa case.

A few points stand out:

Bess, the Tampa 911 call-taker, has more than three years' experience.

The Tampa department trains call-takers extensively, using close observation, and hands-on and role-playing strategies. Diana Hall, training coordinator for the Tampa department, said 600 hours of training and classes are required.

The crew had recently taken a refresher course on how to find callers through cell-tower location -- a skill that proved crucial in this case.

The Tampa episode embodies the often stressful conditions involved in 911 work.

At one point, when the attacker discovered the cell phone on the floor, Bess had the presence of mind to stay silent so the man would think the 911 call -- the numbers visible on the phone screen -- had not gone through.

All the while, she was multitasking to identify the location, signal her co-workers and alert police.

With a little less skill, luck and technology, the call could have gone disastrously wrong -- but it went right. All communities should learn from this example.

http://www.heraldtribune.com/article/20100108/OPINION/1081011/2198/OPINION?Title=When-911-goes-right