Should the Dj's face Criminal Charges?  | | Should the Dj's from this radio station be charged with Criminal Charges? Apparently the woman signed a release saying that they nor the radio station could be held responsible if she were to be harmed or die, so should they be charged or is her death completely on herself? Should her family be able to file a wrongful death suit against the radio station even though she did sign a release?
Police Probe Death After Radio Contest AP (Jan. 17) - Homicide detectives are investigating the death of a woman believed to have been killed by drinking too much water in a radio station contest. On a tape of the Jan. 12 show, disc jockeys on KDND-FM's "Morning Rave" joke about the possible dangers of consuming too much water, at one point alluding to a college student who died during such a stunt in 2005.
A listener called the show to warn the DJs that the stunt was dangerous and that someone could die.
"Yeah, we're aware of that," one of them said.
Another DJ laughed: "Yeah, they signed releases, so we're not responsible. We're OK."
"And if they get to the point where they have to throw up, then they're going to throw up, and they're out of the contest before they die, so that's good, right?" another one said. The Sacramento County Sheriff's Department decided to pursue the investigation Wednesday after listening to the tape, obtained by The Sacramento Bee newspaper, sheriff's spokesman Sgt. Tim Curran said.
Jennifer Lea Strange, a 28-year-old mother of three, was one of about 18 contestants who tried to win a Nintendo Wii gaming console by determining how much water they could drink without going to the bathroom. The show's DJs called the contest "Hold your Wee for a Wii."
"Hey, Carter, is anybody dying in there?" a DJ asked during the show. "We got a guy who's just about to die," the other responded, and all the DJs laughed.
"I like that we laugh about that," another said.
"Make sure he signs the release. ... Get the insurance on that, please."
Strange participated in the contest during the morning in the studio and was found dead that afternoon. The county coroner said preliminary autopsy findings indicate she died of water intoxication. Other contestants said Strange may have ingested as much as two gallons of water. Several hours into the contest, Strange was interviewed on the air and complained that her head hurt.
"They keep telling me that it's the water. That it will tell my head to hurt and then it will make me puke," she said.
Strange won the second-place prize, tickets to a Justin Timberlake concert. She commented on the tape that she looked pregnant, and a female DJ agreed.
"Oh, my gosh, look at that belly. That's full of water. ... Come on over, Jennifer, you OK?" the DJ asked. "You going to pass out right now? Too much water?"
On Tuesday, KDND's parent company, Entercom/Sacramento, fired 10 employees connected to the contest, including three morning disc jockeys. The company also took the morning show off the air.
Station spokesman Charles Sipkins said Wednesday that the company had not yet heard from the sheriff's department but that it would cooperate with the investigation.
Attorneys for the Strange family said Wednesday they plan to file a wrongful death lawsuit against the radio station.
Copyright 2007 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL.
This is the link to watch the news video http://news.aol.com/topnews/articles/_a/police-probe-death-after-radio-contest/20070117182009990001
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| | | | | | | | 1. highflyingxangel (8913) | 3 years ago | People called into the radio station and warned them that water poisoning was possible and the DJ's and interns and everyone else didn't take the warnings seriously. They were joking around asking if anyone had died yet. They let this woman die. They had plenty of opportunities to call 911 and get someone to her aid..but they did not. They are responsible for her death..regardless of whether or not they signed a paper saying the radio station/dj's/etc werent.
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sexysilver (571) | 3 years ago | Noone else had died from it yet?
OMG - does nobody pay attention to the news anymore???
A teenage girl died from this not too long back!!! She & her friends had been partying & using X. Dehyration is a major cause of death when on this drug - so they were drinking lots of water & she over did it & died of --- Yup, water intoxication.
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lilttownmommie (898) | 3 years ago | if she did not die until that afternoon she had time to get her own medical care
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judyt00 (2726) | 3 years ago | not if she went into a coma before she died.
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lilttownmommie (898) | 3 years ago | still, when she left the radio station instead of going home she could have went to the er if she felt so bad
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hidinginpublic (143) | 3 years ago | Actually it did show it in this article but a news station here in San Diego did an article and said she actually did go into the Emergency Room.
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sexysilver (571) | 3 years ago | A headache after drinking that much water indicates water intoxication & brain swelling.
Once the brain is affected ration thought isn't always possible. Like when someone gets a concussion (sp?), or a HIGH HIGH fever.
The radiostation KNEW this was dangerous (that's why they had the waviers). But they failed to have a medical team and/or ambulence nearby in case of an accident & to evaluate anyone who suddenly "didn't feel well" to make sure they were ok to go home.
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lilttownmommie (898) | 3 years ago | if she did go to an emargency room then why did they release her? shouldn't the medical staff there who saw her be charged since they actually let her go home to die?
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| | 2. sexysilver (571) | 3 years ago | Yes, the radiostation & all involved personeel should be charged with criminal murder charges because although she drank the water they continued to serve her. Bars (some of them at least) are required to not let an overly intoxicated continue drinking and to not let them out driving (they must drive them home).
Plus, she complained of head pain before leaving to the radiostation people & they ignored her - which is neglect because they knew this was a dangerous "game" they were playing.
Water intoxication deluted the concentration of blood. Lowreing the consentration of sodium, which can cause swelling of the brain, which can (and in this case DID) lead to this persons death.
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Jakker27 (3910) | 3 years ago | I'd agree with that. The radiostation are guilty of taking someones life in their hands and not ensuring her safety. Saying it's dangerous isn't enough. It's totally irrisponsible and it's just disgusting. Why the need for a radiostation to do such a stupid game is beyond me. I hope they pay for what they did
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| | 3. whiteheather39 (13251) | 3 years ago | No she made the choice no-one forced her to do such a stupid and dangerous thing.
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| | 4. ElusiveButterfly (9413) | 3 years ago | Regardless of the fact that they had the participants sign a release, they are responsible for their actions.
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| | 5. embattledsparkle (946) | 3 years ago | I heard about this story a few days ago but I didn't realize that they had been joking about it right before it happened. Even though a paper was signed, I still think that the family should be able to sue. This was a very stupid stunt... and the way the dj's acted about it beforehand... I'm glad that they were fired and the show pulled from the air. Maybe the people had a choice to do the contest..so what? They didn't really think that they would die over it. The DJ's probably didn't think anyone would die over it either but they still joked about it and stuff, eck, very poor taste. I hope that they feel guility now.
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| | | | 6. desertdarlene (5842) | 3 years ago | I am disheartened by this death. Yes, she did sign a release, but in California, if someone is negligent, it doesn't matter what was signed. And, if the radio station had knowledge that this was indeed a dangerous or life threatening thing to do, and they went on with it anyway, then they might be considered negligent. We'll find out when it goes to court. And, it will go to court. I'm sure the DA is checking that out right now.
I feel sad for the DJs because I have my own favorite morning show that does bonehead things. I just hope they think twice before doing things like this.
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rick615 (327) | 3 years ago | I believe the law says if they had knowledge or reasonably SHOULD HAVE KNOWN, then they can be charged with negligence. At least that is the way the laws read in many states.
If they are going to have a contest ingesting a large amount of anything, then that anything, should be investigated for harmful effects. I agree that they have some culpability. I think the women could have a small degree of resosibility as well, but one could argue that she was too ill to think coherently and thus, not responsible.
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desertdarlene (5842) | 3 years ago | I believe they were warned about this before they started the contest and went ahead with it anyway.
Also, there are laws regarding this type of activity. Even if she signed a release, that doesn't exempt them from breaking the law. They could be charged with type of manslaughter. I've seen this happen with fraternaties who force or "encourage" members or potential members to drink themselves to death.
The family has filed a wrongful death lawsuit, so it would be interesting to see what happens with that. They will probably settle out of court. Nonetheless, a woman is dead and nothing can bring her back.
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| | | | 7. crystal8577 (1403) | 3 years ago | I think even with a waiver the family should be allowed to sue. It is a disgrace that the Djs thought this was all fun & games. The jokes they made were in poor taste. I really hope the djs are feeling terrible about all of this.
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lilttownmommie (898) | 3 years ago | I am sure they are, and the jokes were bad
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| | | | 8. inked4life (3357) | 3 years ago | My initial reaction on hearing the story was that they shouldn't be held responsible (I had never heard of water intoxication prior to this and assumed maybe they hadn't either), but after reading your post I definitely think charges should be laid against them and the radio station. If they knew the dangers going in then they have to be held responsible.
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candygurl24 (1037) | 3 years ago | Your last sentence brings something up. 'If they knew the dangers going in then they have to be held responsible.' Is it not true that in that release form, by law if there are any dangers, you must inform anyone involved about those dangers, so therefore, she knew the risks as well. I put blame on both the radio station for allowing it and god bless her soul, also on her. She would've known the risks associated with it as well. Another death chalked up to greed and stupidity.
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| | | | 9. wesderby (155)  | 3 years ago | Absolutely not...No criminal charges are justified. I feel bad for Mrs. Strange, but she could've bailed out when she realized she wasn't feeling well. No one made her stay until the end. No one made her participate in the contest. I thin the firings are punishment enough for the station, though I imagine Etnercom will pay some sort of settlement before the wrongful death case gets to court. One of my favorite radio shows, The Opie and anthony Show, does an egg-nog drinking contest every year. The object of the contest is to drink one double-shot of egg nog per minute. Once you throw up, you're out. The person to drink the most double shots and either not throw up, or throw up last, wins some sort of prize...Usually cash, or some new piece of technology such as a video game system, satellite radio, or MP3 player. I bring up this contest not to gross people out, but to make a point. The winner two out of the three years is a 9-toed, overweight diabetic man who goes by the name Pat from Moonachie. Pat is also a competitive eater who has participated in events such as the Nathan's Hot Dog Eating Contest on the 4Th of July. As a diabetic, Pat knows that Egg Nog isn't a good thing for him to consume, and that drinking 70+ double shots is probably not a smart idea. But, using his own free will, he participates in this contest every year. Granted, he hasn't died yet, nor gone into a diabetic coma or anything like that, though the possibility is always there. At the same time, if he ever DOES suffer some negative consequences, O&A should in NO WAY be held responsible for his actions. Yes, they, and their parent companies of CBS Radio and XM Satellite Radio sponsor and approve the contest...But Pat and other contestants make their own choice to participate.
If Jennifer Strange had been a minor participating, I could see holding the station/Entercom responsible. But as she is an adult and chose to participate, and chose not to exit once the headache started, the station and its owners, and the DJs themselves, should not be held responsible.
On the same token, I doubt you'll see any program directors or GM's allowing this type of contest again.
If criminal charges are brought, it'll be a sad day for the broadcast industry and the country in general. At the same time, I could see a civil settlement from Entercom to the family.
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lilttownmommie (898) | 3 years ago | I feel that she went into the contest at her own free will and by signing the release she knew the risks involved, so I agree with you, also, if she died that afternoon she had plenty of time to consult a health care provider if she felt bad, so I feel that her death is her own fault, if someone commited suicide by shooting themself would the family have the right and try to file a wrongful death suite on the gun manufacturer? Similar case here
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| rt49andellis (6) | 3 years ago | I believe that there's a huge difference between Ms. Strange and Pat. While Pat is aware of the risks he's taking and knows how his actions can result in his death, I highly doubt that Ms. Strange was aware. She stated that she was told she'd just puke.
I'm sure the waiver she signed was basic paperwork stating that they're not responsible for anything. Do you think it said "and there's a risk that this water will kill you for such and such a reason........"
As stated, their were people there that were made aware of the deadly risk these people were taking, but how many of the participants actually knew?
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wesderby (155) | 3 years ago | I finally had a chance to hear some of the audio tonight on my way home...Opie and Anthony got hold of the clips and played it on their show, and at one point, while Ms. Strange was still sounding fine, the asked her (when it was down to her and the lady who ended up winning) if she wanted to back out. This was when they offered her the Justin Timberlake tickets. From what I heard, they were really trying to convince her to back out, but she said "No Deal", and elected to keep going even though she admitted she was starting to get a headache. She didn't back out until the second time they asked her, and said it was the final time they were going to offer her a consolation prize of the Timberlake tickets. At that point, she finally agreed.
One of the crew on O&A's show made the comment that if she'd only been smart enough to take the tickets the first time, since they were good seats for that night's show, she probably could have sold them and made enough to buy a Wii, and she'd still be alive today. They also had a doctor on who stated that once she realized she was dizzy and not feeling so great, if she'd gotten to a hospital (I'm sure Sacramento has a few), they would've given her an I.V. of Saline Solution, and she would've been fine.
After hearing that audio, and knowing that she could've saved herself, I feel even more strongly that no charges should be brought. Again, I feel bad for her family, but this was nothing more than a tragic accident, not criminal negligence or manslaughter or murder. Notice the winner, who held it just as long or longer, hasn't turned up dead. Having heard the clips of the contest, it's basically a radio bit gone severely wrong, and the staff has been punished enough by losing their livelyhoods. Just like O&A learned from their Saint Patrick's Cathedral incident in 2002, let's hope The Morning Rave can learn from this, and maybe put a bit more thought into their contests if they ever get jobs in radio again.
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| | | | 10. rosettaresearch (973) | 3 years ago | This is not legal advice but: a release would only protect them from civil liabilty (what everyone knows as a lawsuit). Criminal charges cannot be protected from release since it the state (who did not sign the release) bringing the charges, not the person. Also, a person cannot protect themselves from breaking the law by getting a release -- in most cases. Obviously, if I gave you permission to break a window and go into my house to get my keys I locked inside, that would be okay. But, we are talking about someone dying here.
A COP, no less, in DC died last year of water intoxication. Most people don't realize it can happen, so if she was feeling sick, she might not have realized she needed to seek medical attention. However, if the station knew the danger, ignored it, it might be a criminal matter. The civil suit by the family (wrongful death suit) would turn on whether or not the release was signed based on informed consent.
This is going to be interesting to see how all the legal issues play out. But, sadly, it won't bring Jennifer back to her children.
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