After four days of civil trial testimony, the Charlotte County (Fla.) Sheriff’s Office announced that it had reached a settlement in the lawsuit brought by the husband of Denise Lee, ending emotional testimony that recalled the day in 2008 when she was kidnapped from her home, raped and shot to death. Terms of the settlement were not announced, but Lee had claimed damages of $750,000 based on the effect of Denise Lee’s death on her two young children. The suspect in Lee’s murder was convicted and sentenced to death in 2009. Beyond the lawsuit, Lee continues to press for mandatory state-level training by public safety dispatchers, hoping to prevent future mistakes that could result in an innocent person’s death. According to Lee’s lawsuit, a motorist dialed 911 to report seeing a person in distress inside a vehicle, but that information was not promptly relayed to deputies. Denise Lee was inside that vehicle, but deputies never received a radio BOLO, and her body wasn’t found until the next day. Two dispatchers were disciplined for the mistake, but no one was fired. Lee’s efforts on mandatory training were rewarded last year when the Florida legislature required mandatory training for dispatchers, effective this October.
The trial was substantially underway when the settlement was announced. Jurors had been questioned and seated, opening statements had been made, and several witnesses had provided testimony over two days.
Some of the 73 prospective jurors interviewed by attorneys said they would be reluctant to award a substantial award to Lee, fearing it would “bankrupt the county,” according to one. Florida limits lawsuit damage awards to $200,000 without specific approval of the state legislature. Lee had been asking for $750,000 in damages, based on the economic impact of Denise Lee’s death on her husband and two children. In the end, a jury of five women and one man was selected.
Witnesses included Nathan Lee, 911 caller Jane Kowalski, radio dispatchers Susan Kirby Kallestad and Liz Martinez, and 911 calltaker Mildred Stepp.
Kowalski dialed 911 to report seeing who she believed was a child pounding on the rear-side window of an adjacent car. She dialed 911 and followed the vehicle, providing a description to Stepp. She followed the vehicle for several minutes until it turned off on a different highway.
Stepp testified that upon hearing Kowalski’s description of the suspect vehicle, she immediately knew the person screaming in the back Denise Lee. However, instead of typing the information directly in the sheriff’s computer-aided dispatch (CAD) system, she stood up and verbally relayed the information to Kallestad and Martinez. She explained that she wanted to immediately provide the information, and not take the time to type it into CAD.
Kallestad, 60, reportedly cried on the witness stand while she recalled the incident. She accepted much of the blame assigned to her in the lawsuit, but also pointed to inactions by Stepp as contributing to Lee’s death. She said when she received a note from Stepp with Kowalski’s information, she didn’t read it. Instead, she told Stepp to type the information into CAD.
Martinez denies blame in the incident, according to earlier court papers. She has said she was working to the best of her abilities at the time. She was set to testify, but the settlement was announced before she was called to the stand.
After the settlement, Nathan Lee told reporters, “”I’m glad this day has finally come and that my family can move forward. Nothing can bring her back. My wife is not here, so I’m never going to get what I’m looking for—which is to have her in my life again.”
Denise Lee’s father is Rick Goff, coincidentally a sergeant with the Charlotte County Sheriff, was unhappy with the settlement. He told reporters that a settlement avoided making anyone to blame for the mistakes and his daughter’s death. Specifically, he wants former sheriff John Davenport to accept responsibility for his dispatchers’ mistakes.
In a statement issued after the settlement, the Charlotte County Sheriff’s Office said:
“Charlotte County Sheriff Bill Cameron is pleased to announce an undisclosed settlement with the estate of Denise Lee. Sheriff Cameron and all the members of the Sheriff’s office support CCSO Sgt. Rick Goff and his wife Susan (parents of Denise Lee) and Denise’s children in overcoming this horrific event. Today’s settlement will help that process. There will be no further comment from the Charlotte County Sheriff’s Office.”
At least one newspaper has filed a Freedom of Information request with the county, asking them to disclose the terms of the settlement.
1 comment… add one
911 calltaker should of typed information into cad,after verbally relaying it to the dispatchers. Also a “bolo” shoulkd have been sent immediately to surrounding agencies.
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