BikeWalkLee received responses this week from FHP and SAO to our May 31st letters to Governor, FHP Director, and State Attorney General on the official response to cyclist Tracey Kleinpell's death, and we responded to FHP.
See our response, requesting data and answers to more questions.
Here's the non-response from State Attorney Stephen Russell's office:
See our response, requesting data and answers to more questions.
Here's the non-response from State Attorney Stephen Russell's office:
From: Welch, Mark [mailto:MarkWelch@flhsmv.gov]
Sent: Monday, June 18, 2012 4:50 PM
To: dletourneau@bikewalklee.org
Cc: HSMV-Corr
Subject: FW: BikeWalkLee's Letter to Governor Scott: Protest the official response to cyclist Tracey Kleinpell's death
Dear Ms. Letourneau:
Governor Scott has received your email and has asked that I
address the issues regarding the Florida Highway Patrol.
It is most unfortunate that Ms. Kleinpell was tragically
killed while riding her bicycle in Lee County. The men and women of the
patrol work hard to investigate crashes in a professional, unbiased manner to
determine why the crash occurred, who was responsible and to file the
appropriate charges, when applicable. As we are statutorily directed to
investigate crashes, we are not in the position to recuse our members from
investigating crashes as you have requested.
From 2007 to 2011, the patrol has investigated 224 fatal
crashes involving bicyclists and 1189 fatal crashes involving pedestrian
throughout Florida. Those crashes resulted in 311 citations issued to
parties involved. You have indicated there is a troubling pattern of
disregard for the rights of the most vulnerable road users. We are always
open to reviewing our practices. If you could provide us with specific
information concerning the pattern you are referring to, we will gladly review
the information to determine if there was any unprofessional conduct by any of
our members.
Our personnel in Tallahassee have reviewed the report and
determined that Corporal Gissendanner conducted a proper homicide
investigation. In order to charge any person with a crime in Florida, the
law enforcement officer must have probable cause that a crime was
committed. There was no indication that probable cause for any crime
existed in this crash.
We welcome any legislation that makes our roadways safer for
our residents and visitors. We appreciate your efforts in promoting
pedestrian and bicycle safety in our state.
Respectfully,
Captain Mark D. Welch
Office of Professional
Compliance
Florida Highway Patrol
2900 Apalachee Parkway, MS-53
Tallahassee, FL, 32399-0500
Office: 850.617.2305
Fax: 850.617.5146
BikeWalkLee's Response to FHP:
June 21, 2012
Dear Captain
Welch:
Thank you for
your June 18th response to our May 31st letter to Gov. Scott concerning the
official response to cyclist Tracey Kleinpell's death. We appreciate your timely reply. However, it didn't respond to the questions
we asked of FHP in our May 31st letter to Colonel David H. Brierton, Jr., FHP
Director (see Attachments 1 and 2), and we have several questions about your
response. Subsequent to our letters, on
June 1st the investigative file was made available to the public by the State's
Attorney Office, which we reviewed as reflected in this letter.
1. With respect to the data you provided in your
following statement:
“From 2007 to 2011, the patrol has investigated
224 fatal crashes involving bicyclists and 1,189 fatal crashes involving
pedestrian throughout Florida. Those crashes resulted in 311 citations
issued to parties involved."
This means
citations were given in 22% of the bike/ped fatalities over the five-year
period. What you haven't provided (as
requested in our letter) is a breakdown of who was charged -- the pedestrian,
cyclist or driver -- and what were the charges? Were those charges civil or
criminal? In what percentage of the
cases were vehicular homicide charges filed against the driver?
Although you
haven't identified who was cited, we are concerned that only 22% of the cases
resulted in citations. If all of these
were against the motorists, are you implying that the remaining 78% were the
fault of the victim? In Lee County, up
until the time LeeDOT stopped gathering its own traffic crash data, we found
that less than 40% (39% in case of cyclists and 35% in case of pedestrians) of
all crashes between motorists and vulnerable users to be the fault of the
vulnerable user. (See Attachment
3.) How could FHP’s data be so different? BikeWalkLee would like a better breakdown of
FHP’s data, including specifics about the other 1,102 fatalities (1,413-311 =
1,102), and which parties were at fault in the 311 in which citations were
issued, as well as the type of charges. We feel this discrepancy is the crux of
the issue and relates to our contention that there’s an inherent bias in cases
investigated by FHP. Once we have this
data, we will be able to respond to your request for evidence of a pattern of
bias.
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