The Murder of Denise Amber Lee
When
I came across this name on my list I knew exactly who it was and I
even triple checked to be sure I had not blogged about this case yet.
It is one of those cases that have always stuck with me and I am
surprised that in all this time I have failed to report on it. You
may also notice that this is one of the cases where the name of the
victim is in the title as opposed to the name of the perpetrator. It
is not my intention to dismiss any victims when I am blogging but it
is a sad reality that in most crimes it is the perpetrator that is
more remembered, generally because of their court proceedings as well
as the details of the crime. Then there are the cases where there
are multiple perpetrators in which I will sometimes title the blog on
the victim, but that is not the case here. This is one of those rare
cases that as I said the crime and the events have stuck with me in a
way that it almost seems wrong to give the perpetrator in this case
one more ounce of recognition. I am sure that all victims of violent
crime leave a legacy of their own through their family but Denise's
case is a bit unique. She not only left a legacy, she created one in
the hours leading up to her death, and her family, especially her
husband still advocates for changes in this country, changes that he
believes could have saved his wife's life.
Denise
Lee lived in North Port Florida with her husband, Nathan, and their
two sons. In January of 2008 Noah was two years old and Adam was
just six months old. On that day Nathan had talked to his wife a
little after eleven that morning while he was at work. Denise had
mentioned the heat outside and how she had opened the windows of
their home. When Nathan returned home around 3:30 he noticed that
the windows were closed but likely thought little of it. He got
inside and it did not take long before he knew something was wrong.
Nathan could not find Denise, she was no where to be found despite
her keys, purse and cell phone still being in the home. What Nathan
did find was his two young sons in a crib together, but all alone.
Nathan would make the first of several 911 calls that were taken in
this case. Nathan informed the dispatcher that his wife was missing
and an officer went to their home. Although my research was not
specific it is likely that either before or after his 911 call Nathan
called Denise's parents not just to possibly look for her or inform
them he could not find her but because Denise's father, Rick Goff,
was a sergeant in a nearby county's sheriff's department.
Authorities
arrived at the home and saw no signs of forced entry into the home.
It can only be assumed that initial feelings may have pointed fingers
at Nathan. I mean, is it not always the husband? That thinking did
not last too long. Authorities began talking with neighbors and one
described a strange incident. The woman said that around two or
two-thirty that afternoon a green Camaro with a black bra had gone up
and down the street slowly several times. Finally the woman had gone
outside when she saw it again and she then saw it pull into Nathan
and Denise's driveway. The neighbor described the man she saw
driving but at the time she simply assumed the driver had found the
home he was looking for.
The
next 911 call to come into the dispatch came from Denise herself
around 6:15. Her call would be later played at the trial of a man
named Michael King. The call itself was very strange and the
dispatcher is thought to be the last person to have spoken to Denise,
aside from her killer. Throughout the 911 Denise Lee was in the back
of the now described green Camaro. At one point the dispatcher was
unsure if Denise could hear her questions but she knew that the woman
she was speaking to was in a dangerous situation. For her part
Denise had gotten a hold of the cell phone of her kidnapper and was
talking to him in a way to answer the questions that the dispatcher
was asking. Throughout the more than six minute call it was said
that Denise said the word “please” seventeen times. Denise was
unable to tell the dispatcher where she was but they knew it was her.
She was able to relay her name, the fact that she was married with
young children and even the road she lived on. For his part Michael
King knew his cell phone was gone and kept asking Denise about it to
which she feigned knowledge.
Some
research says that the phone number was traced and that led
authorities to Michael King's home. Other research indicates that
the cell phone was a pre-paid cell phone and tracing to an owner was
impossible. It was more likely that it was the next 911 call that
was received soon after that gave them the information they needed
although just who is was is up for debate. Some things state that
the next call came from a man named Harold Muxlow, while others state
it was his daughter, Sabrina. Still other research indicates that
they both called, although obviously one had to call before the
other. I believe it is likely that they did both call considering
almost all research says that there were five 911 calls made
concerning this case. I also likely believe that it was Sabrina
Muxlow who called first. So just who were the Muxlow's and what did
they have to do with this case?
Harold
Muxlow was Michael King's cousin. According to Harold's later
testimony Michael had come to his home wanting to borrow a shovel, a
gas can and a flashlight. He told Harold that his lawnmower had
gotten stuck in a ditch in his yard. Harold gave Michael the items
but as he was leaving Harold saw a young woman, who we now know was
Denise Lee, struggling with Michael. In fact, the woman yelled for
Harold to call the police. It is said that after they left Harold
drove over to Michael's home. He did not see Michael, but neither
did he see a lawnmower stuck in his yard. It is unclear exactly what
happened next but it seems that rather than calling 911, Harold
called his daughter Sabrina and told her what had happened. Sabrina
then called the 911 and told them of the incident. At some point it
does appear that Harold himself called 911, likely under the urging
of his daughter who was likely asked by the dispatcher to get him to
call. So by this time they likely have at least two reports about a
green Camaro and they have heard the name Michael King at least
twice.
It
was the last 911 call (or was it the 4th of 5?) that
brought on much controversy and would later lead to changes in laws.
It is believed that while Michael King was at Harold Muxlow's home
was the time in which Denise was able to obtain his cell phone. Soon
after Denise's call a woman by the name of Jane Kowalski was driving
down the road speaking to her sister on the phone when she was
stopped at a red light. Next to her was a green Camaro, although she
would tell 911 operators she believed it was blue. Kowalski got a
good look at the driver but that is not what drew her attention. She
could hear screaming coming from the inside of the car. At some
point she saw a hand on the back window and noticed the driving
looking as if he was pushing something down in the back seat. The
screams were so loud that her sister could hear the exchange through
the phone. The size of the hand she saw made Kowalski believe that
there was a child in the back seat. She would call 911 to report
what she was seeing. In fact, Kowalski decided to talk to 911 and
follow the car for as long as she could giving the dispatcher a
description. By this time there were several officers and resources
out looking for Denise and there were actually officers nearby when
Kowalski called. However, two major things happened during this call
that many say caused the failure to save Denise Lee.
First,
the call got transferred from one county to another. All of the
other calls went to Sarasota County while Kowalski's call went to
nearby Charlotte County. Apparently while this huge manhunt is going
on in Sarasota County the next county over did not have the
information or working on it. The saddest thing is that Denise's
father worked for the sheriff's department in Charlotte County.
Secondly, while two dispatchers were consulted throughout Kowalski's
call, neither of them called it into parole cars that were near the
area. Later they would each claim that they believed the other one
had done so. Where this becomes much more of an issue lies with the
fact that Kowalski was following the vehicle for a period of time and
giving all but a “play by play” as to where the vehicle was
going. Presumably whether the dispatcher believed the other had made
the call to the parole officers are not is insignificant because
Kowalski was giving more information throughout her call that should
have been dispatched. A BOLO had already been issued for the car
but apparently the dispatchers did not know or did not follow
protocol to know. The chance to save Denise Lee was lost.
Authorities
finally caught up with Michael King around 9:30 that evening but
Denise Lee was not with him. By all appearances King did not readily
confess to anything but authorities apparently had enough to hold
him. A search of his car found a ring that Nathan Lee identified as
belonging to Denise and that she never took off. Prosecutors would
come to believe that considering where and how it was found it was
Denise Lee's last effort to make sure the person who had committed
this crime against her would be caught. It was unclear as to just
how authorities found their way to an undeveloped area in North Port
in which they would eventually discover the remains of Denise Lee on
January 19, 2008, two days after her abduction. It would be
determined that she had been shot once in the head and buried in a
shallow grave.
In
August of 2009 Michael King would stand trial. Prosecutors would
present evidence that included hair and other items linked to Denise
Lee through DNA not only in and on King's car, but also the grave
site and even in his home. Upon searching his home they found what
they called a “rape room.” Inside this room investigators found
duct tape and other items that are typical in rape cases as well as
DNA evidence concluded that King had sexually assaulted Denise. It
was said, whether King had admitted or it was the prosecution theory,
that after abducting Denise from her home King had taken her to his
home, one that was in foreclosure, where he tortured and raped her.
He then tied her back up and put her in the car and drove to his
cousin Harold's house. It was here that he got the tools to later
bury her. Although he had gotten a gas can from Harold, I found
nothing that stated there was an attempt to burn her body. Then
again no one will likely ever know if that was his original
intention.
Aside
from the DNA evidence that they had, the prosecutors also had several
people who identified Michael King and his vehicle in several
different areas at times. First there was the neighbor who saw the
vehicle and the person driving it at the Lee's home. They also had
Harold Muxlow who told his story about King coming to his home and
the woman in his car. And then there was Jane Kowalski who could
identify the car (despite her color issue) and the person driving it
at the time of her 911 call. Cell phone records also proved that the
call that Denise Lee made to 911 was made from Michael King's phone.
Throughout
the trial the defense attempted to suggest that there had been some
tampering of evidence and that the DNA was not reliable. They also
apparently wanted to suggest that King had not been the perpetrator
but that the real person behind the crime was a friend of his. The
judge on the case prevented the latter from being presented. When it
came time to put on their case, the defense called no witnesses.
On
August 28, 2009, after deliberating for about two hours, the jury in
this case returned with guilty verdicts against Michael King. He was
found guilty of 1st degree murder, kidnapping and sexual
battery. The the next phase would determine his sentence and the
death penalty was an option. The defense went to work finally it
seems. They presented evidence that King had suffered from a head
injury in a sledding accident as a child and that his behavior had
become unpredictable after that point. Of course, as is the case in
many jury trials experts disagreed as to the extent to the injury as
well as the long term effects. On September 4, 2009 Michael King was
sentenced to death for the 1st degree murder charge. He
also received a life sentence for kidnapping and thirty-years on the
sexual battery charge. He remains in a Florida prison. His
conviction was upheld in February of 2012.
Law
enforcement official denied, at least publicly, that the 911 call(s)
were mishandled and that but for these mistakes Denise Lee may have
been saved. The two dispatchers involved in Kowalski's phone call
were disciplined however for apparently failing to follow procedure.
One was suspended for sixty hours while the other received a
thirty-six hour suspension. Both were required to take twelve hours
of remedial training.
Nathan
Lee has made it his life's goal to reach police departments across
the country and have them require that 911 operators have training
for situations. Apparently this was not a given, something I was
surprised by. In April of 2008 the state of Florida passed The
Denise Amber Lee Act that requires mandatory training to all 911
operators. As of 2016 at least twenty-four states required no formal
training for 911 operators.
Denise
Lee was failed and the saddest part comes when you realize that her
father, Rick Goff was a well known and respected officer in the area.
This was a case that was rather personal for a police department.
Denise was all but one of their own. There were resources not just
available but utilized at a much faster rate than they would have
been under different circumstances. It is theorized she was taken
around 2:30 in the afternoon, in broad daylight. Authorities would
be informed one hour later. Three hours later they heard from the
victim herself and there were multiple calls and witnesses who
reported what they had seen. They may not have been able to prevent
all of the trauma that she faced but they surely could have prevented
her death.
I recall that there was a Forensic Files episode in which a pickup truck was thought to be one color when it was actually a different one. This was due to the affect of surrounding lighting. I think the truck was white but appeared red to the people who saw it. I wonder if a similar thing happened with Ms. Kowalski.
ReplyDeleteYeah I think since it was evening the light was lower and it just looked different. You would think though that an APB was out on the car and one thing they could have asked was if the black bra was on it. The problem was though neither 911 operator send the call out.
DeleteYeah I think since it was evening the light was lower and it just looked different. You would think though that an APB was out on the car and one thing they could have asked was if the black bra was on it. The problem was though neither 911 operator send the call out.
DeleteWhether the fault of inadequate training and, or, protocols, or the fault of complacency on the part of those responsible, or something else, I'm not surprised by the failure to get Denise A. Lee help in time. I think we, as a society, sometimes put too much blind faith and assumption in the competence and morals of those sworn to protect and aid us. The unfortunate truth is that not every person who becomes a police officer, nurse, fireman, even police dispatcher, etc., has within themselves the strong need to go that extra step to help those in need. Even some of those who did have such a drive when they first started in their noble professions can become burnt out by the daily grind, pressures, etc., of their profession, or be adversely affected by their personal lives. It's not that they become bad people, but as their passion fades sometimes their apathy rises, and when that happens, negligence and, or, cruelty can sometimes creep in.
Delete