Last week, I relayed a report that a laptop containing “images of 9/11 victims” had been stolen from a medical examiner’s marked vehicle while it was parked near the World Trade Center. Either Frank DePaolo followed ill-conceived protocol or he failed to follow the proper protocol. After receiving a comment from John Nesler, a mass fatalities consultant to the military, and a copy of a letter to 9/11 family members by New York City’s Chief Medical Examiner, my concern about both the ME’s protocol and what is on that laptop’s hard drive has grown.

The New York Post’s report included:

Ellen Borokove, spokeswoman for the ME, confirmed the information in the computer included “scientific lecture materials.” “It is an ongoing investigation,” she said.

NYPD spokesman Paul Browne also confirmed the theft, but declined to comment on the contents of the computer …

DePaolo helped develop the city’s mass fatality response plan. He also helped create the ME’s Special Operations Response Team, a hazardous-materials and mortuary team that was the first of its kind in the nation.

Dr. Charles Hirsch (the CME) wrote that the laptop contains, “images of bone fragments … none of the images are linked to a named victim of…9/11,” yet he added, [the] “lecture materials” [are] “prepared by OCME and used to train NYPD investigators and other professionals on forensic topics and mass fatality planning.” [emphasis added mine] In that same letter to 9/11 family members, he also said:

The NYPD made an extraordinary effort to find the thief and the computer … We do not know how the New York Post learned about the theft…

The laptop is City-issued and contained password protected case files and other work-related information…

I urge you to keep in mind that not only did Mr. DePaolo do nothing wrong…

Following this theft, OCME and DoITT have undertaken a review of the computer and data-security measures currently in place at OCME and will make any enhancements necessary to ensure the security of sensitive operational data…

Passwords can be bypassed and hard drive data can be viewed with the right software and technical expertise.

The protocol should be that sensitive materials are kept in the employee’s possession at all times or secured where it is well guarded. Is it appropriate protocol to leave images of victims, information about criminal investigations, or mass casualty planning in an unattended vehicle?

Mr. Nesler seems to suggest that it is:

The protocols needed to support Mr Sumner’s suggested response to this event will be very expensive, labor intense, increase the time needed to complete investigations, and compliance would be very difficult to maintain and insure. The bad guy here is the thief who broke into the vehicle and stole the laptop and other NYC properties.

I hope that Mr. Nesler is incorrect yet Dr. Hirsch’s statement saying Mr. DePaolo did “nothing wrong” indicates otherwise.

Perhaps Dr. Hirsch is only protecting a valued employee. If so, he is sending the wrong message to everyone else at the OCME. In addition, the integrity of both the OCME and Mayor’s office should be called into question. When a number of firefighters were recently found to have falsely represented their education levels, the FDNY revealed their punishments. If a thief stole what Mr. DePaolo failed to properly secure, New York City is allowing the OCME to employ a different level of public transparency than other city agencies.

Regardless, “sensitive” information is, hopefully, only in the hands of criminals. I write that in all sincerity for we now know terrorists scout for intelligence and New York City remains number one on their hit list. While it would be sickening to see graphic images of those murdered on 9/11 posted on the Internet, my foremost concern is for the living, what someone might do with other information on that laptop.

Click on the image below to view the ME’s letter to 9/11 family members.

Update: 5:45 a.m., May 13, 2007: The New York Post reported Dr. Hirsch’s letter this morning:

The city’s chief medical examiner defended a high-ranking official who carelessly left a laptop containing 9/11-related files – including photos of physical remains – in a car that was broken into, but stopped short of apologizing to victims’ relatives.
…
The letter of explanation was sent after family members expressed dismay that they learned of the theft only by reading about it in The Post.