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City Responds To CALL7 Investigation Into Missing Video

Manager Of Safety Shows Letter Claiming Equipment Failure

POSTED: 4:44 pm MST December 11, 2007
UPDATED: 1:46 pm MST December 12, 2007

Denver's manager of safety is considering reopening the investigation into key evidence surrounding the death of 24-year-old Emily Rice.

The key evidence is surveillance video from inside the jail that is missing 64 seconds.

Prior to the gap in the video Rice is seen leaning against a wall inside the jail.

Immediately following the 64 second gap she is seen lying on the floor with deputies standing over her.

Rice later died while in the custody of the Denver Sheriff's Department and her family wants to know, what happened in those 64 seconds?

"I can say with relative certainty that this tape was not doctored by internal affairs or anyone in the sheriff's department," said Denver manager of safety Al LaCabe.

This all started in the early-morning hours of Feb. 18, 2006, after Rice crashed her car near East Hampden Avenue and Happy Canyon Road. She was taken to Denver Health Medical Center where her blood alcohol content showed .121, which is above the legal limit.

Court and medical records indicate Rice had complained of pain in her left shoulder and left abdomen area. She was given Ibuprofen and then turned over to the custody of the Denver Sheriff's Department and subsequently taken to the Denver jail. Rice continued to complain of shoulder and abdomen pain.

She ultimately died from injuries suffered in the car accident, including a lacerated liver and spleen as well as blunt trauma to her abdomen.

The injuries were apparently not discovered by doctors at Denver Health or nurses stationed at the jail.

Emily's adoptive father told 7NEWS, "The missing part [of the video] tells you something went on that they don't want us to know about."

7NEWS contacted the company that sold the surveillance system to the city of Denver, Digatron.

Owners of the company believe the video was edited and the 64 seconds deleted.

But LaCabe said he has a letter from a former Digatron employee who concluded the video was not altered.

The letter, dated days after Rice's death, reads, "I reviewed the activity log for the DVR and found no deliberate or incidental indication of tampering that would result in the loss of recorded video."

LaCabe told 7NEWS, "We believe it is clear based upon this letter, based upon our investigation, based upon everything that's been done, there's no tampering... to purposefully erase these 64 seconds."

The author of the letter was Gary Warren.

CALL7 Investigator Tony Kovaleski interviewed Warren about the letter, asking him, "If the city is using your letter to say this video was not edited, would that be accurate?"

Warren responded, "No, and one of the reasons is you can use Windows Media Player as a back door to get into the video stored on the hard drives and you can edit it that way and there's no way anybody can tell."

After Warren clarified the wording in his letter, LaCabe said the city would consider reopening the investigation and if they can prove anyone edited or deleted the 64 seconds, that person or persons could face charges of tampering with evidence.

The owners of Digatron stand by their original opinion that the video appears to be edited or deleted and not the result of equipment failure.


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