Family of Carly Capek speaks to the media at the offices of Friedman, Gilbert + Gerhardstein
On September 27, 2022, the family of Carly Capek addressed the media at a press conference at the law offices of Friedman, Gilbert + Gerhardstein.
Those in attendance included:
Terry Gilbert - Partner, FG+G
Elizabeth Bonham - Attorney, FG+G
James Sidelka - Father of Carly Capek
Pamela Sidelka - Stepmother of Carly Capek
Alyssa Sidelka - Sister of Carly Capek
Below is a transcription of excerpts from the press conference. Please note that this is not a transcription of the press conference in its entirety.
Transcription:
Terry Gilbert: On September 6, 2022, an assailant entered Carly Capek’s house on West 78th Street and brutally attacked her, leading to her death. We're here because there's significant evidence that the police were repeatedly called for 911 emergency response. There was an extremely delayed response by the Cleveland Police Department while the attack was going on.
The media is very important in keeping pressure on those in power to act in an appropriate way. So, I know there was some media attention early on, but when we got involved we felt that it could be better and I am glad you showed up here today to send the message out of what we are trying to do here.
Do you see where this failure happened? Was it with dispatch, police?
Terry Gilbert: Well, my understanding is that at least one of the people who called 911, was told that there were issues. We're low on vehicles, and that's not a justifiable response as far as we're concerned. I mean, what good is a police department if they can't protect the people?
Murder is difficult enough to to deal with. But the idea that the police department, who is supposed to protect people, failed to arrive, has just compounded that grief and trauma and distress that they have suffered ever since this happened.
Our clients are victims and you know, I know that there are protocols, but they need to have a direct link with the city to keep them informed as to what's going on in their investigation so that it's not just, you know, shoved under the rug. So that's what we're hoping that we will be able to obtain over the period of this investigation.
There's an internal investigation ongoing at this moment. Do you want something beyond what they're doing with internal affairs?
Terry Gilbert: Well, I mean, I think that is the appropriate department within the police department to do these kinds of investigations. I mean, ideally, it'd be nice to have an independent investigation. We may consider looking into the newly founded Community Police Commission or the Office of Professional Responsibility to also look into it or professional standards. We are going to look at every avenue to get to the bottom of this.
Do you think there is a connection with staffing and what happened on September 6th?
Terry Gilbert: I think that would be one of the problems. But when you think about the universe of calls that are made to the police department every day, they have to prioritize them. I mean, if it's a breaking and entering at an industrial place, obviously that would not necessarily be the most important priority call. But when someone is in the process of attacking, beating and engaging in a brutal assault, there should be an officer there within minutes. Some of the people we've talked to said it was over 30 minutes before a police car arrived. And then when the police car arrived, it did not have its lights or sirens on and they just sat there in front of the house. So there are many moving parts to this investigation. And the family has asked us to make sure that we monitor it, that we present any information we can get out of the police department and get to the bottom.
What have you seen from cases like this when there is a lack of transparency?
Terry Gilbert: Well when there is a lack of transparency there is a lack of accountability, simple as that. And, in our practice we do quite a bit of cases involving police misconduct. You know, there are many cases of indifference, many cases of indifference and recklessness. So, you know, i know there is a consent decree out there that is continuing and there is also plenty of criticism by the monitor regarding compliance.
What would you like to see done? What type of change would you like to see there?
Pamela Sidelka: Every day there's two, three homicides. Every single day. Our city is not safe. They need to do something about this. There needs to be change, because this can happen to anyone. Somebody could wonder if it was a shooting, how many people would have to die by the time the police arrive in 15 minutes? I mean, I know it's not going to bring my daughter back, but I don't want no other family to go through this. This is just unbearable to even hear some of the 911 calls. My daughter had gone then and even one of the dispatchers told the girl to relax. She was sending help. Why should you relax? You know, we know somebody is being killed over there and you're telling me, calm down. Relax. That just doesn't seem right. There should be priorities. If not, call the Sheriff. Call, you know, State Highway Patrol. There has to be a backup plan that they don't have enough police officers.
Carly was a very happy person. She loved life. She loved her kids. At the funeral home, everybody kept saying she had a smile that really lit up a room and she would do like a corner smile. It wasn't like a full, she’d have a little corner smile. And you knew everything was okay. We’re family, and this family is hurting so bad.