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SkyDance instructor Seth Blake ALCOHOL & DRUG FREE

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SkyDance SkyDiving

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Dec 18, 1998, 3:00:00 AM12/18/98
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FOR IMMEDIATE RELEASE:

Note: A press conference will be held tomorrow Saturday, Dec. 19 at
11:00am at SkyDance SkyDiving, 24390 Aviation Ave., Yolo County Airport,
Davis, CA.

Contact:
Dan O’Brien; General Manager/SkyDance
530-753-2651 ; skyd...@1800skydive.com
or
Steve Nelson, Attorney-at-Law/Bailey & Marzano, 916-361-3099

Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
Time of Death
Independent Tests by Nationally Renowned Toxicology Lab Upset
Yolo County Coroner’s Initial Findings

Davis, California, December 18, 1998 – SkyDance SkyDiving today filed a
motion for summary judgment seeking dismissal of the wrongful death
lawsuit filed in May 1998 by the parents of Stephanie Anne Cotter.
Cotter, 26, and skydiving instructor Seth Davis Blake, 28, were killed
April 18, 1998 while doing a tandem skydive. The lawsuit alleges that
Blake was under the influence, of alcohol and/or marijuana, making him
and SkyDance negligent in the accident.

Following the accident in April, the Yolo County Sheriff-Coroner
reported toxicology test results indicating a blood alcohol level of
0.04%, and a positive indication for cannabinoids (marijuana). As a
result, the Cotters’ wrongful death suit alleged that Blake was under
the influence of alcohol and/or marijuana at the time of the accident,
thus impairing his ability to appropriately react to the emergency
situation caused by the malfunction of the parachute system. In the
accident, the reserve parachute system was deployed, following the
malfunction of the main parachute system, but was unable to inflate when
it entangled with the main parachute system. A tandem skydive involves
both an instructor and student – in tandem -- using the same parachute
system.

SkyDance and Blake’s family have adamantly defended Blake and the
allegations that he was under the influence of alcohol and/or marijuana
at the time of his death. SkyDance and Blake’s family attorneys’ have
also been highly critical of the Coroner’s office and the toxicology
laboratory that originally performed the blood tests. In addition, the
Coroner’s contract laboratory, Valley Toxicology Center, has been the
subject of criticism in several criminal cases because of faulty
procedures and inaccurate test results.

At the time of the accident, the Coroner’s office obtained various fluid
and tissue samples from Blake, but only the blood sample was tested.
One sample taken, but never tested by the Coroner, was vitreous humor,
the semi-liquid filling of the eye that most pathologists and
toxicologists recognize as a much more accurate source for testing in
traumatic injury deaths.

After the initial Coroner results were made public, Blake’s family
requested that the Coroner perform additional testing on the vitreous
humor. Though the Coroner had vitreous humor samples available, the
request was declined. Following the denial, attorneys for SkyDance and
the family of Seth Blake obtained a court order releasing samples of
Blake’s blood, vitreous humor, bile, and gastric contents from the
Coroner’s office. These samples were carried by bonded courier to the
nationally renowned Chemical Toxicology Institute (CTI) for independent
testing of all these samples.

Chemical Toxicology Institute Findings
All Blake’s samples -- blood, vitreous humor, bile, and gastric contents
-- tested negative for alcohol use. In addition, CTI found an absence
of sodium fluoride in the blood sample. Sodium fluoride is the standard
preservative used in blood samples for toxicology testing. Without the
sodium fluoride, the sample can break down and produce alcohol if not
stored and handled properly. If unrefrigerated, these samples can
ferment and produce an inaccurate positive test result for alcohol use.

The test of Blake’s blood for THC, the active form of cannabinoid found
in marijuana, was also negative. The negative result, using gas
chromatography, reveals that there was no recent use of marijuana by
Blake. The findings are that Blake was not under the influence of THC
at the time of his death. The gas chromatography showed less than 10
mg/ml of carboxytetrahydracannabinol (COOH-THC) which is a metabolic
breakdown product of THC. The presence of COOH-THC indicates a past
exposure – either by passive exposure or use – to marijuana smoke a
minimum of several days or weeks prior to Blake’s death, not on the day
of his death.

Chemical Toxicology Institute and its director, Dr. Randall Baselt, were
selected based on their national reputation as one of the top toxicology
testing facilities in the Western United States.

SkyDance Responds
SkyDance management and Seth Blake’s family have continually rejected
the allegation that alcohol and/or marijuana played a part in this
tragic accident. SkyDance has voluntarily adopted a drug-testing
program for skydiving instructors and employees as part of their
zero-tolerance policy to show their commitment to a drug-free
workplace. Several other major skydiving centers in the U.S. have
adopted or are planning to adopt similar programs. Among them are
Perris Valley Skydiving, Skydive Elsinore both in southern California;
Skydive Arizona; Skydive Las Vegas; and Skydive Sebastian in Florida.

###

Lynn Beckhorn

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Dec 18, 1998, 3:00:00 AM12/18/98
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>
>
> Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
> Time of Death
>

That's great news and not suprising.
R.I.P. Seth.

Blue skies,,,,,,,,,,, Lynn


Cyborg

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Dec 18, 1998, 3:00:00 AM12/18/98
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Skydive Information Mailing List

FOR IMMEDIATE RELEASE:

Note: A press conference will be held tomorrow Saturday, Dec. 19 at
11:00am at SkyDance SkyDiving, 24390 Aviation Ave., Yolo County Airport,
Davis, CA.

Contact: Dan O’Brien, General Manager/SkyDance,
530-753-2651 , skyd...@1800skydive.com
OR

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MRSKYSKUNK

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Dec 19, 1998, 3:00:00 AM12/19/98
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Thank you for all the efforts to clear Seth Blake. It is good to see that a DZ
would go to this leave for a Instructor. Best wishes to Skydance and their
staff.

Dan Fairchilds
D13476

Francis Wiser

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Dec 19, 1998, 3:00:00 AM12/19/98
to

>Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
>Time of Death
>Independent Tests by Nationally Renowned Toxicology Lab Upset
>Yolo County Coroner’s Initial Findings
>
lotta snip---

Well well well. About time this arrived. A late and minor instance of
justice done.

When Seth and Stephanie died and the initial toxi tests came back, a
lot of people were scratching their heads at Skydance (including me),
wondering at the alcohol results. They knew Seth, knew he didn't drink
to excess or before work or at other inappropriate times. The results
just *didn't make sense.*

And know we know why... because the Yolo County coroner's office has a
competency problem. (Leaving aside the question of genuine malice,
embodied in premature release of results to the media and refusal
(!!!) to allow confirmatory testing.) Hell, we're lucky they didn't
"accidentally" destroy the follow-on samples before Skydance could get
a court order. Bastards.

I hope the lawsuit get appropriately tanked and the Coroner's Office
gets appropriately... disciplined. What IS it with county govts and
drop zones? Sigh.

Good bye, Seth.


DElli36765

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Dec 19, 1998, 3:00:00 AM12/19/98
to
>
>>Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
>>Time of Death
>>Independent Tests by Nationally Renowned Toxicology Lab Upset
>>Yolo County Coroner’s Initial Finding

Score one for the good guys, hopefully the summary judgement will go
through. Kick butt.

Don Ellisor

Martin Evans

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Dec 19, 1998, 3:00:00 AM12/19/98
to
To Everyone at Skydance
 
All we can say is congratulations with the recent decision regarding Seth's toxicology testing.
 
Please pass this message on to Stephanie and Seth's family.
 
Best Wishes.
Martin & Tracey
 
 
 
For information about Sky-Eye Skydiving Services please visit our website at:
 
 
"Never confuse movement with action".  Ernest Hemingway

Rita

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Dec 19, 1998, 3:00:00 AM12/19/98
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SkyDance SkyDiving wrote:

> Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
> Time of Death
> Independent Tests by Nationally Renowned Toxicology Lab Upset
> Yolo County Coroner’s Initial Findings

That is very good news ... and about time.

Maybe now this matter can be put to rest ... and both Seth and Stephanie can
rest in peace.

Blue skies,

--rita

Flyincamra

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Dec 20, 1998, 3:00:00 AM12/20/98
to
I can't think of a better Christmas present for the family of Seth, the
management of Skydance, and the skydiving world in general.
Congratulations Dan and Ray..... I hope the case is immediately dismissed.

Jan Davis

Amalia E. West

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Dec 20, 1998, 3:00:00 AM12/20/98
to Flyincamra

DITTO

bil...@qualcomm.com

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Dec 20, 1998, 3:00:00 AM12/20/98
to
In article <367ACB27...@1800skydive.com>,
SkyDance SkyDiving <skyd...@1800skydive.com> wrote:

> Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
> Time of Death
> Independent Tests by Nationally Renowned Toxicology Lab Upset
> Yolo County Coroner’s Initial Findings

just about the best news i've heard on the NG in quite a while . . .

-bill von

-----------== Posted via Deja News, The Discussion Network ==----------
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Glen Baker

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Dec 21, 1998, 3:00:00 AM12/21/98
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SkyDance SkyDiving <skyd...@1800skydive.com> held forth:

> Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
> Time of Death

Thanks. That puts the smile that I remember back on to Seth's face.

..glen

Dan Bergmen

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Dec 21, 1998, 3:00:00 AM12/21/98
to
SkyDance SkyDiving (skyd...@1800skydive.com) wrote:
: FOR IMMEDIATE RELEASE:

: Skydiving Instructor Not Under the Influence of Alcohol or Marijuana at
: Time of Death

<snip>

Superb news. Big sigh of relief. Congratulations to Dan and Ray and to
everyone directly or indirectly involved.

Merry Christmas, indeed.

Dan Bergmen

Jim Rasmussen

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Dec 21, 1998, 3:00:00 AM12/21/98
to
So Ray,

Does this mean that under your current 'zero-tolerance' policy, it is
permissible for your staff to test positive for prior THC exposure
(COOH-THC present), as long as they don't have any THC in their blood?

Do you utilize TCI for all the chemical screening conducted at your DZ?
After all, there are reputations and livelyhoods on the line, so only
the very best should be used, right?

Blue skies,
Jim Rasmussen

SkyDance SkyDiving wrote:
>
> FOR IMMEDIATE RELEASE:
<snip>

>
> The test of Blake’s blood for THC, the active form of cannabinoid found
> in marijuana, was also negative. The negative result, using gas
> chromatography, reveals that there was no recent use of marijuana by
> Blake. The findings are that Blake was not under the influence of THC
> at the time of his death. The gas chromatography showed less than 10
> mg/ml of carboxytetrahydracannabinol (COOH-THC) which is a metabolic
> breakdown product of THC. The presence of COOH-THC indicates a past
> exposure – either by passive exposure or use – to marijuana smoke a
> minimum of several days or weeks prior to Blake’s death, not on the day
> of his death.
>
>Chemical Toxicology Institute and its director, Dr. Randall Baselt, were
>selected based on their national reputation as one of the top toxicology
>testing facilities in the Western United States.
>
> SkyDance Responds
> SkyDance management and Seth Blake’s family have continually rejected
> the allegation that alcohol and/or marijuana played a part in this
> tragic accident. SkyDance has voluntarily adopted a drug-testing
> program for skydiving instructors and employees as part of their
> zero-tolerance policy to show their commitment to a drug-free
> workplace. Several other major skydiving centers in the U.S. have
> adopted or are planning to adopt similar programs. Among them are
> Perris Valley Skydiving, Skydive Elsinore both in southern California;
> Skydive Arizona; Skydive Las Vegas; and Skydive Sebastian in Florida.

.

Mike A

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Dec 28, 1998, 3:00:00 AM12/28/98
to
Great news! I didn't know Seth, and have never visted Skydance. But
living in the Bay Area, I have seen the story of his alleged (now known
to be wrongfully alleged) drug/alcohol use played out on TV news, the
papers, radio, and even this ng. It's great to see Seth's name cleared
and this black cloud lifted from the Skydiving Community. I hope the
local press gives this news release as much publicity as they did Yolo
County's inaccuarate report.

Mike A

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