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Denver Independent Monitor Issues Report On Jail Death

Parents Of Emily Rice Call Report Empty

POSTED: 4:13 pm MST January 7, 2008
UPDATED: 1:12 pm MST January 8, 2008

Several Denver Sheriff's Deputies have been suspended or received other discipline following the death of 24-year-old Emily Rice. State investigators say she died from untreated internal injuries while in the custody of the Denver Sheriff's Department.

Denver's Independent Monitor, Richard Rosenthal, said he stands by his report released Monday detailing the discipline some deputies received, however Emily's parents accused the Independent Monitor of covering-up for the city.

"It's not just about Emily when the cover up becomes this big," Emily's mother Sue Garber told 7NEWS.

In Feb. 2006, Garber's daughter was wheeled on a gurney from her cell in Denver's jail and pronounced dead at Denver Health Medical Center, the same hospital from which she was released on the previous day.

Rice had suffered a lacerated liver and spleen in a drunk driving crash. Legal documents indicate doctors and nurses at Denver Health failed to identify her injuries and after several hours turned her over to the Sheriff's Department for booking.

According to police reports, Emily repeatedly told deputies that she was in pain and needed help.

The next morning she was dead.

"We asked for them to please tell us what happened to our daughter and they essentially said nothing happened. If you want more information you need to sue us," Garber told 7NEWS.

She accused the city of creating a smokescreen with insignificant discipline for procedural matters and is not holding anyone accountable for her daughter's death.

Two deputies were suspended, and a supervisor and third deputy received letters of reprimand, all for failing to properly conduct or supervise rounds and falsified documents.

A fourth deputy resigned during the investigation, avoiding any discipline.

"To say nothing was wrong means nothing gets fixed and that means it will happen again and to me that's a tragedy. Just to fill up pieces of paper with emptiness is a cover-up. That's not addressing any of the critical points that happened to my daughter," said Garber.

The Independent Monitor's report also mentioned video obtained exclusively by 7NEWS.

The video showed Emily leaning on a wall in the jail while she's being booked and then it cuts to black for 64-seconds.

When the video returned, it showed Emily lying on the floor with deputies standing around her.

Rosenthal concluded the 64-second gap was a technical error, which he based on a letter received by the surveillance system's vendor.

The letter indicated there was no evidence of tampering, but the author of the letter told 7NEWS in December that the city has misinterpreted his letter.

Gary Warren told 7NEWS the video could have been tampered with using a "back door" and no one would know about it. He explained that his letter is not definitive proof tampering did not exist.

Sources have also told 7NEWS that the 64-seconds of video existed shortly after Emily's death.

This information was not included in Rosenthal's report.

Rosenthal declined an interview to address the accusations leveled by Emily's parents, but told 7NEWS that he stands by his report.


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