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Falk's Admission Of Mistakes Could Be Used In Court

Attorney: Apologies Rare In Government

UPDATED: 8:23 am CDT May 7, 2008

Dane County Executive Kathleen Falk admitted on Tuesday that mistakes were made with regards to the Zimmerman 911 call in April.

VIDEO: Watch The Report

University of Wisconsin-Madison student Brittany Zimmermann was found slain in her campus apartment in early April. Recent records show a 911nphone call was made from Zimmermann's cell phone on the day she was killed. (For more on Falk's statement, read here.)

"She (911 dispatcher) didn't do everything right," said Falk. "There are two errors of procedure."

Those errors included not making a call back or dispatching police to Zimmermann's campus-area apartment immediately.

Another error included misinformation that led police down the wrong trail in the investigation.

These are errors the county has now taken responsibility for, WISC-TV reported.

"From what I know I do not believe that had the errors not occurred in the 911 center that her murder could have been prevented," said Falk.

Falk said she received a report from 911 Director Joe Norwick on Monday night. She said the report contained "substantial facts" about the Zimmermann murder investigation, including details of the call placed from Zimmermann's phone the day she was slain.

That report led her to offer written apologies to Zimmermann's family and fiancé.

"I concluded that an apology was appropriate for the errors that were committed in our 911 center," said Falk.

Madison defense attorney Hal Harlowe said, "It's an appropriate response from the county. It doesn't make things better but it is of some comfort to hear people say, 'Yes we made a mistake. We are responsible. We are sorry.' It's a very human response."

Harlowe said admissions of error in government are rare, even more rare are apologies by a government body.

He said this makes Falk's apology unique.

"People are schooled not to engage in this simple human courtesy of saying, 'That was my fault, I apologize, I'm sorry.' So, I think it's a classy move on the part of Kathleen Falk and frankly I think it's very refreshing."

Madison mother Mary Shah said she too appreciates an apology, but in a case such as this, there has to be more to it.

"An apology on its own, great," said Shah. "But what else are you going to do, what actions are you going to take on this matter?"

Falk said that is of utmost importance, making sure such errors are not made again.

"My job as the county executive and the county board's job are to make sure we take the steps to make sure the system errors do not happen again. That's what I'm committed to doing and I’m certain the county board is," said Falk.

Attorneys say Falk's admission of mistakes at the county level could technically be used in court if a lawsuit were ever brought.

When asked about opening up to a potential lawsuit Falk said, "The first thing we did was to make sure we got letters of apology to the Zimmerman family and to Brittany's fiancé. That's just the most important thing to do. This isn't about liability. This is about human beings who are in grief."

"She's not thinking about that now if the county is responsible and should be paying money as a result of this," said Harlowe. "I think she's responding instead. I think it's emblematic of good leadership."

WISC-TV and Channel 3000 aren't aware of a lawsuit filed by Zimmermann's family or fiancé at the current time.



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