Backstory of how the McNamara Death Case ended up on Crimewatchdaily

crimewatch

Here is the backstory of how I ended up on Crimewatch Daily.  After defense lawyer John Henry Browne accused me of soliciting the media on behalf of my clients.

EB:  We will be sitting down to interview Tracy and I wanted to see if your clients would be interested in speaking with us as well?

K3:  My clients have elected to focus on the litigation for now and not do any additional interviews.

EB:  Thank you for getting back to me.  We have interviewed Tracy and her attorney and always prefer to present both sides.  If your clients change their minds and would like a voice in this piece as well,  please let me know asap.

K3:  The children have declined to participate with further media pending resolution of the case.  This included 48 hours who wanted to do an interview.  And the last king 5 interview they did not participate in either.  I do request that you sit down with me so that I can share their side of the story.

The show aired while the defendant, Browne, and her other lawyer Bob Siderius were sitting across from us in our office.  Taking the depositions of our clients.

Photo:  still from crimewatchdaily.com

 

On the One Year Anniversary of A Disaster – the Defendant goes on a media blitz

sorrysorrysorry

One year ago, Seattle experienced its worst traffic disaster.  A converted amphibious military vehicle built for World War II went across the center line of our most notorious bridge into the side of a school bus.   Five international students were killed and over 50 more students, tourists, and others were injured.    Firefighters who performed the rescue operations still become emotional when thinking about the disaster.

At a time when we should be remembering the families of the dead, encouraging and helping the survivors, a media blitz is being waged by the owner of Ride the Ducks.

Now he is entitled to speak and share his opinion.  As a former news entertainer he certainly knows how to give a good interview.

But it is upsetting for the victims I represent that he is doing so.

Last month Mr. Tracey filed an affidavit trying to get me to stop talking and sharing.  He accused me of bad mouthing his company.    His lawyers did in fact obtain a protective order so that I cannot share what is being discovered in this case.  But Judge Shaffer also upheld my first amendment rights.  So here is what I have to say.

A defendant who is sorry does not claim that the driver of the bus that was hit by his duck – may also be at fault.

A defendant who is sorry does not try to dismiss a wrongful death claim on an archaic legal technicality because a dead student’s parents live in Korea instead of the US.

A defendant who says they are sorry sorry sorry to a reporter but who has never told a single victim in person, by telephone, by email, or by any act or deed that they are sorry – is not accepting responsibility.

A defendant who is truly sorry steps up.  He does whatever he can to make things right immediately.  He advances funds to help pay the victims’ funeral and medical expenses.  He cares for surviving relatives and helps them travel to be with their dying child.  He doesn’t let the financial burden fall upon the public.

He doesn’t use the one year memorial as a public relations opportunity.

Photo:  Michelle Esteban’s twitter feed

 

 

 

The brutal reality as seen by 3D Radiological Imaging

otto

Technology is changing the way we are able to visualize everything.  This 3D imaging study shows a picture that makes more sense to us than would a simple xray.

In this case, a worker was killed on the job when he was installing a defective device.  The electrical system in the piece of equipment had been negligently manufactured.  When he started to install it, the device shorted  and launched like a rocket into his face.  He survived the impact but died in the hospital about a month later.

As a lawyer when I look at this image I think about the shock that must have been felt when his face was smashed.  The blow would have knocked him to the ground.  He would have been in shock.  Bleeding profusely.  When his hand reached up could feel his broken bones.  His left eye was gone.   His jaw was broken, unhinged, swinging freely.  His teeth and pieces of bone, ligament and muscle  began to clog his airway.  Until he could no longer breathe.

When I see an image like this, I see a man’s terror.

Photo:  3D image from Harborview Medical Center

 

 

 

Gentle deposition sparring

italy

Setting:  We are in a downtown Seattle conference room.  The sky is deep blue.  The sun is shining.  Its rays bounce like mirrors off the skyscrapers and rippling waterways below us.  Eric the videographer is at the far end of the table.  Jane the court reporter is her usual excellent self.  Cheryl our medical negligence paralegal is by my side.  Across the table are the defense lawyers.  In front of a gray screen sits the witness.  The defense side is somber.  I am feisty. We are about an hour an a half into the deposition.

Q.  And similarly endocarditis, if not properly diagnosed and treated will be fatal; correct?

Mr. King:  Objection.  Asked and answered. You may respond.

A.  Endocarditis like other things, if not treated, could certainly be fatal, yes.

Q. By Ms. Koehler:  All right.  In this case it was fatal; am I correct?

Mr. King:  Objection.  Assumes facts not in evidence.  You have a position that he had endocarditis at the time.  We don’t have to agree with that.  That’s your position.  We have a contrary position.  So you shouldn’t ask him as if it’s an established fact.  (Mr. King is not yelling or even shouting.  He’s very seasoned and just trying to put me in my place).

Ms. Koehler:  (Becoming theatrical in a totally Elle Woods kind of way) Okay.  You’re like making horrible objections, terrible, some of the worst I’ve ever heard.  But I’m not going to get mad about it.

Mr. King:  I don’t think you should.

Ms. Koehler:  I should get mad about it.  But I like you.  I’m not going to get mad about it.  But it’s not proper.

Mr. King:  Well, I don’t think your question’s proper for the reasons stated.

Ms. Koehler:  Well, my question is not coaching the witness.  It’s just a bad question then.

Mr. King:  The question isn’t complying with courtroom standard.  That’s my problem with the question.

Ms. Koehler:  My intent, though misguided, is honorable.  Yours —

Mr. King: (He sees where this is going and tries to head me off by interjecting) So is mine.

Ms. Koehler:  Your intent is not.  You’re trying to interfere with my deposition.  Don’t do it.

Mr. King:  I’m not trying to interfere.  And unless you can read my mind, I don’t know what the basis is for presuming I have a maligned intent. (Props to Mr. King – he can definitely think on his feet.  Quite fun to spar with actually)

Ms. Koehler:  Coaching the witness.  All right.  Back to my question which I completely forgot.

Photo: Me with an Italian Emperor

So now I’m vociferous

snapchat

Last evening a senior defense attorney, sent out an email to a large group of about 50 or so attorneys (all on the same case) that announced I was “a forceful and vociferous advocate” for my clients.

She didn’t mean this as a compliment.

Merriam Webster defines vociferous as:  expressing feelings or opinions in a very loud or forceful way.  Dictionary.com adds the characterization of being: clamorous.

Certainly I have never raised my voice at her or anyone on this case.   Indeed I am a fairly soft spoken person in terms of volume.  I rarely raised my voice to my kids when they were small.  Nor to my pup when she was learning some of my many house rules.

Am I a fighter – yes.  But I am no yeller.

This has been a considered decision that involves role modelling after my oh so quiet yet rock solid dad the professor.  From what I have seen in life, yelling begets more yelling.  If you yell then the recipient will yell back and so on and so on.

So why did she call me vociferous when I am not.

I think it was an attempt to denigrate me.  To label me as a termagant before my peers in this litigation.  To marginalize my role in the litigation.

I think she and her client are very tired of me.  And yet we have only just begun.

Photo:  At Portage Bay for brunch – snapchatted by Alysha

 

 

 

 

 

The Day Ride the Ducks Tried to Shut Me Up

duckandrew1

I have a job that is part of my soul.  This means I fight for my clients with every ounce of my being.   Sometimes people (typically those I sue) don’t like that.

The owner of Ride the Ducks Seattle is Brian Tracey.  He has been investigating me  by reading my Twitter feed, watching tv and reading the news.  After completing his studies he filed a declaration to support a motion to prevent dissemination of discovery materials in the 20 cases we have filed against his business for the death and injury of victims of the Ride the Duck Aurora Bridge crash.

Mr. Tracey says that my Twitter feed is: “intentionally inflammatory, inaccurate and to my mind designed to mislead the public about the facts of her case.  I also believe these inaccurate posts are part of a broader campaign to manipulate the media to publish stories that amplify these inaccuracies while helping market her law firm’s practice.”

He accuses me of “publishing falsehoods,” engaging in a “campaign to discredit RTDS’ safety worthiness,” casting RTDS in a negative light” by claiming the defense was “citing a federal law that was discriminatory and harbored anti-Asian sentiments.”

To top it off he cites to John Henry Browne’s defamation lawsuit against me on behalf of Tracy Nessl  making the insinuation that I must be a habitual defamer.

You can read his entire declaration below.

I was pretty ticked off when I read his accusations.  I hurt my knee a month ago and can’t run off steam.  So I wrote an opus that went on for about 15 pages.  Then slept on it and cut it in half.  Ultimately I decided not to defend myself.  Instead I pointed out the real reason why the case has been in the news and listed the headlines:

  • When the fifth victim died
  • When the NTSB preliminarily reported that the left axle housing (on Duck 6)  had likely failed.
  • When the NTSB preliminarily reported that a recommended fix to the left axle housing had not been performed.
  • When the WUTC suspending the RTD operation
  • When Brian Tracey testified in front of the WUTC
  • When the WUTC announced 463 public safety violations
  • When the WUTC fined RTD $222,000 for the violations
  • When the WUTC fine was rejected by its three member panel and increased to $308,000
  • When the Mayor opposed RTD resuming operations until its unsatisfactory safety rating was resolved
  • When a new route was agreed to by the City of Seattle over the Fremont and Ballard Bridges
  • When after the suspension RTD began limited operations of its modern duck fleet.  “We’re thrilled” said Brian Tracey
  • When another duck ran into a car in lower Queen Anne March 31, 2016
  • When another duck ran into a car in lower Queen Anne April 5, 2016
  • When another duck ran into a car in downtown Seattle June 23, 2016

The Court heard the motion.  Judge Shaffer granted the protective order that all photos, documents or other materials collecting in discovery including discovery inspections are to be used for litigation purposes only (and not disseminated to the media).  And she added in this language:  Nothing about this order limits counsel from, within the constraints of Rule of Professional Conduct 3.6, communicating with the media or from making social media posts or sharing information in public records.

Decl of Brian Tracey

Photo:  This is the nefarious tweeted photo of Andrew at the Duck Inspection that resulted in Ride the Duck’s protective order motion

And still I rise.

fountain (2)

Do you want to see me broken?

Bowed head and lowered eyes?

Shoulders falling down like teardrops,

Weakened by my soulful cries?

 

Does my haughtiness offend you?

Don’t you take it awful hard

‘Cause I laugh like I’ve got gold mines

Diggin’ in my own backyard.

 

You may shoot me with your words,

You may cut me with your eyes,

You may kill me with your hatefulness,

But still, like air, I’ll rise.

 

Poem excerpt:  Still I Rise, by Maya Angelou

Photo:  In Roma with my crew.

Ending Mediation with a runaway dog, broken alarm and a traumatized paralegal

anne and nalaI leave Nala at home. Today is a half day mediation.  At my office.  We will be done by 1:00.  I can then come home and let her out.  She will be fine for four hours.

The mediation drags a bit.  Colleen Barrett is the mediator.  First time I’ve used her. She was a defense attorney.  Had several cases against her.  Always liked her.

Slow going.  How will we be done by 1.

I have another meeting that starts at 1.  What was I thinking.  Push it forward to 1:30.  This will give me time to run home and let Nala out.

12:15.  We are still dragging along.

12:20.  Email Anne. Can you let Nala out of the house.  This mediation is going to go over and then I have another meeting and Nala needs to go.  Give me 10 more minutes just in case we start moving faster.

12:25.  We are still dragging.

12:30.  Anne comes in.  I give her my house key. Write the alarm code down on a piece of paper.  One slight problem – I transpose the numbers.

12:45  Miraculously Colleen doesn’t just break the log jam. She pulls a super slick move and settles the case in one fell swoop.  Boom just like that.

12:50 We do a few more things

12:55  Colleen has the CR 2A agreement prepared and we are all signing it.

12:56  The alarm company calls to say the alarm has been set off.  I tell them no problem.  Anne must have tripped it.  Put it all out of my mind

12:57  I go to another conference room down the hall.  Shake hands with Greg Wallace the defense lawyers.  We are chatting.

12:58  Mike rushes into the room and says:  Anne is on the phone and says it’s an emergency.

12:58.5  I run to my office, pick up the phone.  All I hear is heavy breathing.  huh huh huh huh.  I call out her name.  Can you hear me.  Are you okay.  huh huh huh huh.  She is either having a medical emergency or she’s running.

12:59  Slam down the receiver grab purse, keys and run out the door.

1:03  Arrive at house.  Yes that’s right.  I live 2 miles away.  Park and see Anne kneeling on the front step next to Nala.  Nala is wet and covered in mud.

Anne:  She’s okay.  She came back.

She (Anne not Nala) is still panting.  Nala is actually smiling

I come in.  Close the gate. Hug Anne and tell her how sorry I am that I asked her to get Nala.  The mediation was done on time after all.  Anne is still shaking.

The alarm is going off. She shows me the code I gave her. It is of course the wrong code.

I punch the right numbers in.  This stops the main alarm.  But the alarms on the other two levels of the house are still going off.

I relieve Anne of Nala.  Take her over to the side gated area.  Enter.  Pull out soap.  Anne tells me what happened as I wash off the mud.  Here’s her story:

Everything was going well until she punched in the (wrong) code.  The alarm was going crazy. Nala looked like she was scared (guarantee you she wasn’t scared – you can let a firework off right next to her and she won’t blink if she’s focused on a bird).   Anne kept punching in the (wrong) code and it wouldn’t stop.  So she decided to put poor delicate Nala in her car away from the noise.  She scooped her up in her arms and walked out the door.  Made it past the gate.  When suddenly Nala started flailing and wiggling until she basically lunged right out of Anne’s arms.   The bad girl of course landed cat like on her feet and without so much as a bye see ya, took off like a rocket.  Anne started to run after her.  This was a useless exercise.  Particularly since Anne was wearing slip on wedge sandals.  Anne called her name.  At least once Nala looked back at her and winked.  Or at least that’s what it seemed like.  Anne ran back to her car and had just fired it up when Nala came running back.

I finish hosing off Nala. Bring her back to the front.  Dry her.  Put on booties.

Apologize again to Anne.   Try to comfort her.   The alarm is still blaring.  She shakily leaves for the office.

Call the alarm company which is easy because they just called me.  So I hit the call back button.  Tell them the alarm won’t go off.  They can hear it.  Sounds like a smoke detector when the battery needs to be replaced but ten times louder.  Beep.  Beep.  Beep.

Explain what happened.

Alarm company tells me we will need to turn it off.  Run downstairs.  First need to unscrew the breaker.  The breaker is in the ceiling.  Get a step stool.  Mount it with screwdriver in hand.  Try to unscrew the screw.  Strip the screw.  Partly this is because of technique.  And because I can’t see it.  The aging process strikes again.   Hold on I tell him.  Descend ladder.  Run up stairs.  Find reading glasses.  Run back downstairs.  Back up on ladder.  Yep.  I stripped it.  Back down ladder.  Dig around in box.  Find $9.99 black and decker electric screw driver.  Battery is dead.  Connect charger to outlet and look for corresponding hole on screw driver.  Can’t find it.  The guy thinks I’m an idiot. Finally find it.  Wrong hole.  Finally find it.  Back up on ladder.  The screw driver turns the wrong way.  Figure out how to reverse.  Jam into stripped screw.  It comes out half way.  Rip it out the rest of the way and unplug it.  The beeps stop.

It is 1:35.  Am late for the next meeting.

 

 

 

The story of the cutest worst hotel and a sample product liability complaint

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Speak in Sun Valley at Idaho Trial Lawyer Convention in the morning.  Then on a panel in the afternoon. Leave at 3:30.   This means I cannot fly direct to LAX because that plane is gone.  Instead have to fly back to Seattle to then fly to LAX.  Arrive at 10:45 p.m.  Taxi to The Line Hotel.  Arrive at 11:30 p.m.

There’s a reason for the name of this hotel.  There is a line wrapped around it.  Slide through crowd of young people.  Hotel lobby is pitch dark and throbbing with people and music.  I don’t mean the club area to the side of the building.  Or the bar past the front desk.   I mean the actual lobby.  As soon as I walk inside am surround by clubbers.  Which if I hadn’t gotten off an airplane I might have been more pleased with.  But I am a grump.

Wait for front desk to check a woman’s purse so she can dance unencumbered. They give her a bag tag.  My turn finally.  Pretend smile.  Check in process occurs via sign language and reading each other’s lips.  It is too loud to speak.  Go up to 5th floor.  Open door.  Very hip.  Stripped to concrete walls.  Lots of outlets for electronics.  Low slung furniture. Bathroom vanity hits me mid thigh.  Really tall people would have to bend over double to turn on the faucet.   I am 20 years too old for this hotel.  Okay.  Maybe 30. Ceiling to floor window fronts Wilshire Blvd.  The main street.  Look outside.  Can see and hear everyone in the line and every car cruising the strip.   There is also a joint in the road that makes an extra special crunch sound every time a car passes over.

Consider going downstairs to change rooms.  But am too irritated.  The cacophony of sound bounces off the unforgiving gray cell walls.  I look up the white noise station on Pandora.   Waterfall.  No.  Rainforest.  No.  Settle on Springtime showers.   Turn it on via little portable speaker.  It can’t drown anything out.  Pull out  iPhone ear buds.  That doesn’t work.  Pull out running ear buds that fit a little tighter.  That doesn’t work.  Turn up the white noise.  Hello.  Loud white noise is not white noise – it is just noise.   This means that I stay up the entire night.  The party road does tone down around 4 or so in the morning.  But by then I’ve given up.   They are going to get a bad review on Trip Advisor.

Next morning walk from the hotel to Southwestern Law School.  7 blocks away.  It is already 75 degrees.  The school is in a magnificent art deco building.  Take the elevator up.  Am speaking to the National Police Accountability Project.  Spend a delightful three hour morning presenting on voir dire, opening and case themes.  Afterwards one of the attendees asks for a sample complaint.  I write complaints like opening statements.  Filled with details and structured the way that makes the most sense to me.  So here it is.   Complaint FINAL

Photo:  At Southwestern Law School getting ready to speak to NPAP

Lawyer vs. Lawyer

K3vJHB

 

June 1, 2016 3:31 PM

Hi Karen, I recently came across your post on “The Velvet Hammer” blog describing purported excerpts from John Henry Browne’s emails to you during communications over the lawsuit involving Tracy McNamara.  I am interested in speaking with you about this when you have some free time.  Please give me a call.  Thanks,

Lewis Kamb, Reporter The Seattle Times

June 1, 2016 7:00 PM    JHB to VH

So honored you included my in your Blog, so sad you need to promote yourself.  The press big time local really wanted to  know if you had trademarked your self appointed moniker !!!  I gave them the full sad story about you creating your life rather than just living it.  They will do a story, expect a call.  Reminder you started this.  Velvet “Clamor” was not a typo.  Best.  John.

June 1, 2016 10:01 PM      VH to JHB

That blog entry was written because I decline to bear your continued threats and insults in silence.

June 2, 2016 12:21 PM    JHB to VH

I hope you take this seriously.  It is very sad you need to broadcast your personal angst via a blog.  I suggest a journal.  This blog makes you look like a fool, and was taken that way by the reporter.  I am truly sorry about your Mom we only have one of those.  I have a pleading I will send to your registered agent…  I don’t want to be accused of extorting your firm again.  In trial now.   Will get pleading to (you) next week.  Your blog just makes me look good, thanks John.

June 2, 2016 1:02 PM   VH to JHB

You can stop writing insulting emails to me any time now.

June 2, 2016 1:08 PM   JHB to VH

No problem, but if you include me in your pathetic blogs, then you start it, get it?  Have a nice day.  John

June 2, 2016 1:32 PM   VH to JHB

You can stop writing insulting emails to me any time now.

 

And that is how Lewis Kamb’s article came to pass.

Further you affiant sayeth not.

Photo: The front page of Tuesday’s paper taken  by Catherine Fleming

 

 


Check out a recent interview by Super Lawyers about my blog. Yes, I'm a lawyer. But I'm also a human being. I have a doggie named Nala, three daughters, eat brown sugar cinnamon pop tarts for breakfast, and wear jeans as often as possible when not in court.

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