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Another Day of Disappointment

Print this Article See Also: The Murder Trial: Justice vs. The Law October 27th, 2009 A Call For Courage July 28th, 2008 Please, Staff Sergeant Gross, Let Us Have Our Dispatch Back?! April 30th, 2008 "Scanning" For 9-1-1 Problems April 30th, 2008 'Busy' 911 Meant Woman Couldn't Report Murder January 11th, 2008

Tuesday, June 16th, was a typical day for Don and Betty Michalsky; well, typical for them since the morning following December 17th, 2007. They woke up once again and knew only to dread the thought of having to attend the murder trial they have been waiting the last year and a half for. How long would it last? Would they truly receive justice for the taking of their beloved Tammy? Would they emotionally be able to survive the trial itself?

Nearly 10 months ago, at their own home, they said their official good-byes to Tammy along with over 100 friends, which included some family members. It was a long awaited day for many, in spite of a rocky start as the emotions were running high. Music was played, songs were sung, the one politician who actually showed up talked, the pig was eaten and the beer got drank. The song contest winner was announced, a guitar was presented and the party was lively and entertaining. It was a good day for all.

After eight solid months of handing out and collecting petitions, doing interviews and constantly travelling around the region, it was time for Don and Betty to take a much needed break. Gathering over 20,000 hand signatures and nearly 3,600 web signatures was quite a feat and not one to ignore. Without the key people involved there wasn’t anything new to post on the website to keep people coming back. People started to forget about Don’s quest, traffic to the website diminished while problems with our 9-1-1 system continued. Had we changed anything?

Prior to the party, Don and I had talked about the prospect of a new website, or possibly more than one. It seemed the bulk of our frustration was with the lack of real involvement from the general public. People didn’t seem to mind voicing their support or signing their names, but few were willing to actually do anything beyond that. We decided it was time to take our fight to the next level. We needed a website where people could post their concerns and problems, all across Canada, and get the call centers involved. You might remember Don’s quote at the top of the old web layout, “If this saves one life, it will all be worth it.” Although it’s been in and out of production for almost a year, Fix911.ca is still on the board and will be opened when the time is right.

I received confirmation from S/Sgt. Troy Gross, administrator of the South East District Operations Call Center in Kelowna, that he will support the new website and be contributing to the educational section - and possibly even more as time goes on. Although Don is not impressed with my contact with S/Sgt. Gross, I see a bigger picture for the years ahead that eludes Don at the present time. The website will not only be recording problems and complaints, but will also aid in educating the public to help avoid some of the problems that have plagued the many call centers, including Kelowna's the night Tammy was killed.

With December came the hard reminders of the tragedy they have endured. Tammy was not there to celebrate Christmas for the second year in a row. January 1st would have been Tammy’s 41st birthday and she was once again absent for that as well. It was clear that the Michalsky family had not recovered from their loss and with the weight of the upcoming trial on their minds, it was obvious to all that any level of recovery was not going to be theirs for quite some time.

The family has kept to themselves for the majority of the last 10 months. With the trial approaching, Don’s answering machine has been bombarded with well-wishers and those still seeking information and updates on his quest. In spite of everyone being told over and over to go to the website, they seem to always find his phone number instead.

Knowing the evidence the Crown would present, it seemed a slam-dunk for the 1st degree murder conviction. With Lynn’s testimony and the physical evidence, there was no doubt that a 2nd degree conviction would not be the outcome. Learn would spend the rest of this natural life behind bars, not only in exchange for his taking of Tammy’s life, but also for a history of crime and violence that would make most people shudder to hear the details.

The morning of June 16th, 2009, was not particularly warm or sunny. Don was to meet Mike Turner outside the courthouse to do an interview for Global TV BC. Lynn Neelin was at home waiting for her time in the afternoon to take the witness stand. Cheyene Learn had been escorted into the courthouse. The stage was set and emotions ran high. The website even got a facelift with tons of changes to support the trial coverage.

The majority of the day was to be spent doing jury selection and starting the prosecution's case. That changed shortly after lunch when it was announced that Cheyene Learn had requested a different attorney, stating he "did not like" his lawyer.

Well, talk about a kick where it hurts. At first it was said they would be waiting until the Fall, but no date was set. Today, it was announced the trial dates were changed to September 28th through October 5th.

Global TV BC aired the story this evening. (You can view it on the News Clips page) and a new Don’s Video Diary (with a slick new intro) is also ready for viewing. What will happen next? Only time will tell. However, we may have some serious suprises for everyone in the near future. We aren't even close to stopping this thing we've started. In fact, we've only just begun.