Michael Benson - A Killers Touch

Table of Contents

ACKNOWLEDGMENTS

Some of my sources for this book have asked to remain anonymous, and so I can only thank them privately. The others I would like to gratefully acknowledge here. Thanks to Assistant State Attorneys Lon Arend, Karen Fraivillig, and Suzanne ODonnell; Tekla Benson; the Honorable Deno G. Economou; Laura Forti at Turner Broadcasting; Rick and Sue Goff; Jane Kowalski; James D. Martin, assistant general counsel, Florida Department of Law Enforcement; Trooper Edward Pope and Lieutenant Patrick Riordan, of the Florida Highway Patrol; Wendy Rose, community affairs manager for the Sarasota County Sheriffs Office; Alfred L. Thompson, correctional services assistant, Florida Department of Corrections; Tami Treadway, Saratoga County Animal Services supervisor; and Cortnie Watts, criminalistics specialist for the North Port Police Department.

Also, special thanks to my agent, Jake Elwell at Harold Ober Associates, super editor and man of ideas Gary Goldsteinand, as always, to my wife, my world, Lisa Grasso.

EPILOGUE

On October 14, 2009, Nate Lee filed a seventeen-page lawsuit against the CCSO. The lawsuit stated that Denise Lee would still be alive if not for their bungling. The suit claimed that the botched handling of the 911 calls in the CCSO dispatch center helped lead to Denises death, that the search for Denise Lee was unfortunately plagued by poor law enforcement communication in a way that proximately caused her death. The suit demanded a trial by jury for damages for wrongful death, damages for negligence, costs, and attorneys fees, and such other and further relief as the Court deems just and proper. The suit claimed the dispatcher proved severe incompetence in the handling of the 911 callsin particular the nine-minute Kowalski calland breached their duties by repeatedly making incorrect choices. There were five 911 calls in all, but the mishandling of the Kowalski call was most damaging because that caller had been able to pinpoint the victims precise location in real time. Those errors included the failure to issue a timely BOLO regarding the location of Kings Camaro from the North Port Police Department to deputies, failure to relay the information being provided by Jane Kowalski to those in the field in a position to prevent Denises death, and failure to log the Kowalski call into the system until twelve minutes after the call was made. The suit claimed that Jane Kowalski might have taken further action to help Denise but did not, because she had reported what was going on to the sheriff and had a reasonable expectation that the sheriff would respond in a timely fashion to her call. So, when the sheriffs office did not respond in a timely fashion, it, by taking Jane Kowalskis further assistance out of the equation, increased the risk of harm faced by Mrs. Lee.

The suit used information gleaned from Captain Donna H. Roguskas internal investigation, as well as the letter written by Susan Kirby Kallestad regarding what she perceived to be negligence on the part of Kowalskis call taker, Mildred Stepp. The suit was an action for damages that exceeded $15,000, exclusive of taxable attorneys fees and costs.

No one expected the CCSO to roll over and play dead in the face of the lawsuit, but its defense against the charges was somewhat startling. They claimed in a thirteen-page motion that the suit was without merit because the CCSO had given no specific promise to protect [Denise] Amber Lee, and therefore were under no obligation to do so. They, after all, were not responsible for her death. The mishandled 911 calls had not killed her. Michael King killed her.

In November of 2009, Lee, after learning of the police response to his lawsuit, told a reporter, I just think people who live in Charlotte County should be concerned that CCSO are saying they had no duty to protect Denise. Its so unbelievable to say.

The suit did not specify a dollar amount. Florida state law allowed only $200,000 to be awarded as a settlement in a suit for wrongful death, but if the case went to trial, a larger award could be granted by a jury.

In April 2010, the judge originally scheduled to hear the civil suit recused himself because he knew and had worked with Rick Goff.

In 2010, a Denise Amber Lee Foundation was set up dedicated to improving the 911 systems all around the country so that tragedies such as the failure to prevent Denises murder were never allowed to happen again.

Nate tried to go back to work not long after his wife was murdered, but it didnt go very well. He was a meter reader with Florida Power and Light, but he soon left his job and requested a new assignment. He said his old job was making him crazy. All he did was walk and think. He was in a place in his life where he didnt want to think.

Prosecutor Suzanne ODonnell wanted to thank the victim for making the solving of this case simple, easy. Denise Lees abilities as a detective, planting clues, was at its sharpest in the car, where, in the course of a few minutes, she was able to make a 911 call from the murderers phone, establishing an identifying link right there. She was able to talk to the operator and her abductor simultaneously without letting the man know what was up, and she took off her ring and planted it in the backseat. During that same stretch, she was making the loudest fuss she could, and managed to attract the attention of two motorists, who themselves called 911. Wow.

She was amazing, ODonnell said.

After all of those weeks together, ODonnells heart still went out to Denises family. What a wonderful group of peopleand what a heartbreak for them, she said. She recalled Denises dad as a rock, an anchor, the point man for the family, taking so much onto his shoulders and being strong enough to bear it all. And Denises mom was so regal, in so much pain, and yet maintaining such a presence about herself: in control. The Goffs were cooperative with the state every step of the way, understanding and approving of the decisionssuch as the playing of Denises 911 call in courtthat the prosecutors had to make.

ODonnell also wanted to give a shout-out to Rob Salvador, whothrough no fault of his ownhad to endure accusation after accusation from Michael Kings desperate defense team. He wasnt the type to let things go, either, and had been genuinely disturbed by the horrible thing that had happened and his bizarre connection to it. As he was her witness, ODonnell had done her best to ready Robert for the difficult cross-examination she knew was comingbut even she underestimated how scathing it would be. She warned him that they might insinuate that since he had been target shooting with the killer on the day of the murder, he might have had something to do with it. Instead, he was asked if it wasnt true that he, himself, had been the one to pull the trigger and kill Denise Lee. Luckily, there were no surprises in Robert Salvadors testimony for the prosecution, no aha moments. That was because, except for that first night when hed played his cards close to his chest for the police who were pounding on his door, he had been completely forthcoming with law enforcement.

His life had been an open book, ODonnell recalled, which helped in the long runbut he was still shocked by his ordeal on the witness stand.

Trooper Eddie Pope, used to being in the right place at the right time, hadnt run out of luckand his cool head during emergencies still set him apart.