10-03-2008, 02:55 PM
THE BELOW ARTICLE APPEARED IN THE HERALD TRIBUNE:
911 lawsuit isn't one to ignore
Published: Thursday, October 2, 2008 at 1:00 a.m.
Last Modified: Thursday, October 2, 2008 at 2:01 a.m.
After Denise Lee was abducted from her home in North Port, a witness called 911 after hearing frantic screams from the back of the abductor's car.
The Charlotte County sheriff's 911 office mishandled that call. Although several patrol cars were in the area, help did not arrive. Lee was murdered.
Whether that mistake should now form the basis of a successful lawsuit against the Sheriff's Office by Lee's husband is a matter worthy of debate. I'm inclined to think not, because the Sheriff's Office didn't cause the murder. It only failed to prevent it in confusing circumstances.
But this isn't just a legal matter. That terrible mistake was real, and was compounded days later when Sheriff John Davenport made a public statement that lacked the expected apology. He seemed more focused on criticizing reporters for putting him on the spot with questions.
That gave the impression he was at least as interested in dodging public blame as in tracking down and correcting tragic errors. And whatever training and policy changes that have followed, what is happening now makes me think that one lesson has not been learned.
The sheriff continues to act like the best policy is to avoid the topic no matter who brings it up. In April it was Lee's husband, Nathan, when he notified Davenport, in writing, that he intends to sue.
State law requires that warning six months before filing a suit like that. The idea, as I've understood it, is that government deserves a presumption that it will try to do the right thing. Officials get a chance to respond in a helpful way. Sometimes, even the right words can help.
But Nathan Lee, as a Herald-Tribune story reported this week, says Davenport has ignored that letter.
A sheriff's spokesman said it was passed to a law firm, Purdy, Jolly, Giuffreda & Barranco of Fort Lauderdale. That firm says it will get involved only if a suit is filed.
Nice. In effect, the law has become nothing but a stall. It helps the sheriff appear to turn up his nose at the matter. That's sad.
I don't suggest the sheriff should offer a settlement or imply the lawsuit has legal merit. But he could acknowledge the man's beliefs about that tragedy and the 911 error.
If a lawsuit is about a frivolous matter, there could be nothing wrong, maybe, with ignoring the notification. That conveys disdain, which might be the right response to some claims, I guess.
But showing disdain to a man whose wife was murdered in such circumstances? That's just wrong.
Tom Lyons can be contacted at tom.lyons@heraldtribune.com or (941) 361-4964.
911 lawsuit isn't one to ignore
Published: Thursday, October 2, 2008 at 1:00 a.m.
Last Modified: Thursday, October 2, 2008 at 2:01 a.m.
After Denise Lee was abducted from her home in North Port, a witness called 911 after hearing frantic screams from the back of the abductor's car.
The Charlotte County sheriff's 911 office mishandled that call. Although several patrol cars were in the area, help did not arrive. Lee was murdered.
Whether that mistake should now form the basis of a successful lawsuit against the Sheriff's Office by Lee's husband is a matter worthy of debate. I'm inclined to think not, because the Sheriff's Office didn't cause the murder. It only failed to prevent it in confusing circumstances.
But this isn't just a legal matter. That terrible mistake was real, and was compounded days later when Sheriff John Davenport made a public statement that lacked the expected apology. He seemed more focused on criticizing reporters for putting him on the spot with questions.
That gave the impression he was at least as interested in dodging public blame as in tracking down and correcting tragic errors. And whatever training and policy changes that have followed, what is happening now makes me think that one lesson has not been learned.
The sheriff continues to act like the best policy is to avoid the topic no matter who brings it up. In April it was Lee's husband, Nathan, when he notified Davenport, in writing, that he intends to sue.
State law requires that warning six months before filing a suit like that. The idea, as I've understood it, is that government deserves a presumption that it will try to do the right thing. Officials get a chance to respond in a helpful way. Sometimes, even the right words can help.
But Nathan Lee, as a Herald-Tribune story reported this week, says Davenport has ignored that letter.
A sheriff's spokesman said it was passed to a law firm, Purdy, Jolly, Giuffreda & Barranco of Fort Lauderdale. That firm says it will get involved only if a suit is filed.
Nice. In effect, the law has become nothing but a stall. It helps the sheriff appear to turn up his nose at the matter. That's sad.
I don't suggest the sheriff should offer a settlement or imply the lawsuit has legal merit. But he could acknowledge the man's beliefs about that tragedy and the 911 error.
If a lawsuit is about a frivolous matter, there could be nothing wrong, maybe, with ignoring the notification. That conveys disdain, which might be the right response to some claims, I guess.
But showing disdain to a man whose wife was murdered in such circumstances? That's just wrong.
Tom Lyons can be contacted at tom.lyons@heraldtribune.com or (941) 361-4964.