Ken Carver Honored for Cruise Safety

Merrian CarverKen Carver, Chairman of the International Cruise Victims Association (ICV), received the Ronald Wilson Reagan Public Policy Award from the U.S. Department of Justice during the annual National Crime Victims’ Service Awards ceremony on Friday in Washington, D.C.

Mr. Carver founded the ICV after his daughter disappeared from a Celebrity cruise ship during an Alaskan cruise in 2004. In 2006, he formed the ICV which is a grass roots, victim organization of families who have lost loved ones on the high seas or have been victims of sexual assaults and other crimes at sea.  

I remember when I first heard of Mr Carver. In 2005, the Arizona Central newspaper published an article titled Daughter Vanishes While on Alaskan Cruise by Robert Anglen about the disappearance of Mr. Carver's daughter, Merrian Carver, from the Celebrity Mercury cruise ship.

The facts described in the article were bad enough: a Celebrity cabin attendant noticed that Mirrian was missing early in the cruise but when he alerted his supervisors, they told him not to worry about her. In the process, Merrian's clothes and personal effects were quickly disposed of at the end of the cruise.  But the cover-up of the disappearance was even worse: neither the FBI nor local law enforcement officials were notified when there was no sighting of Merrian at the end of the cruise. Celebrity Cruises lied to Mr. Carver about its policies which required it to keep CCTV tapes for at least 30 days; when Mr. Carver asked for tapes within that period, Celebrity falsely told him that none existed. 

The cruise line gave Mr. Carver about as much attention and respect as someone complaining about losing a piece of luggage during a cruise. He told the Arizona Central: "We've learned that if something Ken Carver - International Cruise Victimshappens on a cruise, you are on your own," he says, choking back sobs. "No other parents should ever have to go through the crap we've been through. We don't know if Merrian is alive or dead. We don't know if there was an accident or murder or suicide or something else. . . . It is a very sad story."

After reading the blockbuster article about the terribly sad story, I felt compelled to read first-hand the facts alleged in a lawsuit which Mr. Carver was forced to file to try in Miami-Dade County to try and find out what happened to his daughter. I was also curious which law firm Celebrity Cruises retained to represent it in the lawsuit. 

The clerk requires anyone asking for a copy of a court pleading to fill out paperwork identifying the name and address of the person requesting the file. When I looked at the clerk's forms, I could see the names of the defense lawyers who had previously requested the file and would be involved in the case.

Coincidentally, later in the week, I bumped into these lawyers on the sixth floor of the courthouse while attending a hearing in another case. I mentioned to them: so you guys will be defending the tragic case of the father whose daughter disappeared during the cruise to Alaska?" The lawyers first denied knowing anything about the case, but when I told them that  the clerk information confirmed their involvement, one of the lawyers remarked: that's a bullshit case; we're going to have it dismissed

I'll remember this rude conversation and the defense lawyers' smug attitude for the rest of my life. I recall thinking at the time that this was not going to end well for this cruise line or their heartless defense lawyers. 

Later, during one of many television specials about Merrian's disappearance, one of the defense lawyers said to Chris Cuomo, who was working for ABC News at the time, Merrian probably committed suicide. Of course, there was absolutely no evidence of this, but this didn't stop the defense lawyer from saying it. The smear tactic was clearly the result of the nasty attitude of the cruise line lawyers and their client. But it raised the obvious question that if it was somehow true that Merrian ended her own life, why wouldn't the cruise line simply tell law enforcement and Mr. Carver and timely provide evidence supporting this conclusion? 

I'll also never forget when I first met Mr. Carver. He attended the first Congressional hearing in Washington D.C. before the U.S. Senate on December 13, 2005, following the disappearance of George Smith III from the Royal Caribbean Brilliance of the Seas. I was representing Mr Smith's wife at the hearing and was seeking information from an equally recalcitrant cruise line. Mr. Carver introduced himself at the hearing, smiled and asked me do you want to help me pass a cruise crime law? 

Quite frankly I didn't know exactly what Mr Carver was talking about. I thought to myself that any kind of law requiring the cruise line to report crimes, an issue the cruise industry always sought to suppress, was unprecedented. 

But a month later Ms. Carver created the ICV. And with the assistance of hundreds of crime victims who joined the ICV, and the convening of several more Congressional hearings addressing crimes and disappearance on cruise ships, Mr. Carver was successful in having Congress enact the Cruise Vessel Security and Safety Act of 2010. His proposed legislation, requiring the disclosure of missing Ken Carver ICVpassengers, the reporting of crime on cruise ships, and the requirement for ships to be equipped with rape kits and anti-retorviral medications to automatic man overboard systems, passed the Senate and House on a nearly unanimous basis. 

Mr. Carver's goals were to create transparency in crime and missing passenger reporting and install man overboard systems on cruise ships. The cruise lines fought back vigorously. The cruise industry treated Mr. Carver like a villain and essentially painted a bulls-eye on his back. The cruise lines spent tens of millions of dollars lobbying Congress to oppose Mr. Carver's proposed legislation. But ultimately Mr. Carver prevailed.

Over the past dozen years, I've seen dozens of cruise executives and cruise line defense lawyers come and go - as well as PR crisis managers and lobbyists in the cruise industry trade organization. Many have left the industry. But Mr. Carver is still standing. Cruising is safer today because of him.

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