Ignored Kit Solved Her Rape After 18 Years

$2.00 E6 THE NATION’S NEWS JULY 17 - 19, 2015 IN LIFE EMMY NOMINATIONS Your guide to the good calls and bad Emilia Clarke in “Game of uHow Thrones.” Netflix has already won uStars react

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HBO VIA AP FOX 4 Marines slain in Tenn. shooting he was a naturalized U.S. citizen Mixed- thorized to comment publicly. Highway, where he fired into the Gunman is also from Kuwait. July 16, 2015The Marine Corps said the oces. killed; case probed U.S. Attorney Bill Killian said martial four Marines died at a Navy-Ma- Authorities didn’t disclose the attack was being investigated arts rine training site about 7 miles whether the gunman was killed as domestic terror as possible “domestic terrorism.” http://www.usatoday.com/story/news/2015/07/16/from the all-branches recruiting by ocers or shot himself. The FBI cautioned that it was fighter center. A fifth Marine was “Today, the Navy and Marine untested-rape-kits-evidence-across-usa/29902199/ Matt Slovin premature to speculate on the Suspect was wounded in the leg but not seri- Corps team collectively mourn motives of the shooter. a talented, ously hurt at the training center. the loss of four heroes,” Secretary The Tennessean U.S. Attorney General Loretta A Chattanooga police ocer was of the Navy Ray Mabus said. “The and Doug Stanglin ‘respectful kid,’ Lynch said the FBI will lead a na- former trainer wounded in the ankle, Mayor An- tragedy in Chattanooga is both USA TODAY HAMILTON COUNTY tional security investigation. “I SHERIFF’S OFFICE says. 3A dy Berke said. devastating and senseless.” have directed the FBI to take the “This is a nightmare for the Residents of Colonial Shores, a CHATTANOOGA, TENN. A heavily lead in the national security in- Two federal law enforcement city of the Chattanooga,” he said. quiet, shaded neighborhood in armed attacker sprayed two mili- vestigation of this heinous at- ocials said it appeared the President Obama called the Hixson, Tenn., where the gun- tary sites with gunfire Thursday, tack,” she said in a statement. shooter acted alone, but investi- attack “heartbreaking.” man’s family lived, were prevent- killing four U.S. Marines and Hours after the first attack, at gators were looking for possible The gunman, who drove a sil- ed from returning to their homes wounding three other people. an all-branches recruiting center, associates. There is no immediate ver Mustang convertible, first Thursday afternoon by an armed The attacker was also killed. law ocers swarmed a house evidence the shooter knew any of fired at an Armed Forces Career guard. The FBI identified the gunman they suspected was Abdulazeez’s the victims, the ocials said. Center at a strip mall, then sped as Mohammod Youssef Abdula- in Hixson, Tenn. Authorities took They spoke on condition of ano- o. The shooter drove to a Naval Contributing: Adam Tamburin, zeez, 24. WRCB-TV reported that away two women in handcus. nymity because they were not au- Reserve Center on Amnicola The Tennessean

NEWSLINE USA TODAY INVESTIGATION IN NEWS IGNORED KIT SOLVED HER

AP RAPE AFTER Holmes guilty in Colo. theater 18 YEARS massacre Jury rejects his insanity defense in shooting that left 12 dead in 2012. Kindergarten social skills hold key to success Joanie Scheske returns to the site where she was left by her attacker Kids who share are more after a sexual assault in 1991. likely to earn degree, A DNA match identified her attacker get full-time jobs. 18 years after her ordeal. IN MONEY KSDK-TV Ford slashes Steve Reilly, USA TODAY Decades of promises prices on F-150 Evidence goes neglected; from politicians and more Deep discount could than $1 billion in federal hint at sales trouble. culprits go unpunished funding have failed to fix CHAPTER 1 than 75 Gannett newspapers andthe TEGNA problems TV. stations have IN SPORTS “Every single one of those The ongoing count shows Steve Reilly rape kits is a person and (their) found at least 70,000 neglectedthe pr okitsblem ingo eans b eopen-recordsyond high- BOB NIGHTENGALE Joanie’sUSA TODAY story family and friends,” said Joanie profile rape-kit scandals in big Eighteen years later, a surpriseScheske callof St. Louis, whose rap- campaign covering 1,000-plusciti policees by fin agenciesding hundr –ed ands of u countn- - Why the heart, Forensic evidence painstak- ist was identified 18 years after ing. Despite its scope, the agency-by-agencytested evidence kits icountn small ecoversr- soul of Cubs is ingly collected after a sexual as- her attack through a DNA city police departments in places Aftersaul t18 ca nyears identi fwithouty suspects . justice,It can m Joanieatch wi tScheskeh anothe rbelieved long-ne- a fractionCOMPLETE of the nation’s 18,000such apolices Mun cdepartments,ie, Ind.; Visalia ,sug- often overlooked the mancorro bwhoorate raped survivo herrs’ s twouldories or neverglect ebed rcaught.ape kit in a separate gesting the number of untestedCalif.; rapeand Green kits Bareachesy, Wis. into the Anthony Rizzo is leader exonerate the wrongly accused. attack. COVERAGE The investigation prompted of this upstart bunch, ThatChe changedcked again swhent DNA dSt.ata bLouisases, policeThe rcalledecords, oinbt a2009.ined by Evi USA- hundredsSee the of completethousands. change, even before publication. it can help catch serial rapists TODAY and journalists for more investigation, including State agencies and local police but he’s often left alone dencebefore in a they separate, attack again. eight-year oldth asexualn 75 Ga nassaultnett new wasspap efinalrs and- Thereporting kits containfrom Gannett forensic thevidenceat didn’t k ncollectedow how m afromny un- sur- by the media. ly testedYet anda USA matched TODAY M heredia attacker’sNet- digia lDNA. sites and TEGNA TV sta- vivorsnewspaper in a painstakings and digital and tinvasiveested rape kitsprocess they held that in scantor- last work investigation identified tions, reveal widespread incon- sites and TEGNA TV stations age decided to count. Several Rapistmore Markthan Frisella,70,000 n whoseeglected attacksisten wascy i nso h brutalow poli cScheskee handle four toacr sixoss thehours. USA atTesting acangen cyieldies, aft eDNAr ques tevidenceioning, sen tthat still rsuffersape kits i nfrom 1,000 pepilepsy,olice agen isci eservings rape e19vi dyearsence finro mprison. agency to helpsrapekits.usatoday identify suspects,.com bolsterrape kitsprosecutions to crime labs . and in some across the country that were agency and even ocer to ocer. In South Carolina, after legis- QIJFAF-05005v(c)o “I nhadever ates reallyted. difficult time wrappingSome depar tmyme nheadts tes taround every casesRape exonerate evidence the wronglyl aaccused.tive leaders were told of the why thatAm orapeng 18 ,kit000 was polic nevere agenc tested,”ies rape Scheske kit. Othe rsaid.s sen d“My as f ecasew as The neglectedrecords reveal widespreadfindin ginconsistencys, they began p inurs howuing po- ©COPYRIGHT 2015 USA TODAY, nationwide, the untested kits two in 10 to crime labs. Deci- statewide standards defining A division of Gannett Co., Inc. Consistency lacking in police is a postercould re achildch int oas th toe h whyundr eyouds of testsio thesens ofte kits.”n are left to the discre- licepolicies handle on rape rape tests,evidence 6A fromwhe nagency police s tohou agency,ld test ra pande ev -even thousands. tion of investigating ocers. idence. USA SNAPSHOTS© A USA TODAY Media Network investigation identified officer to officer. Some departments test every rape kit. tens of thousands of sexual assault evidence kits never Others send as few as two in 10 to crime labs. 2016 prediction? tested by police. Decades of promises from politicians, and more than $1 8-point spread InW the hitemost detailed H nationwideouse inventory doors of untested sta billiony openin federal funding, to haslobbyis failed to fix thets problems. rape kits ever, USA TODAY and journalists from more The roughly $1,000 cost to analyze each kit is among the Those who spread message and repeat it on White House with paying a total of 31 clients to the White 32% television, even as they clients seeking every- House for more than 55 meetings of Americans Obama message came were paid to lobby the thing from basic intro- with senior ocials since January would choose back with clients White House. ductions to top ocials to 2009. In many cases, their clients to play table Since Obama took of- 2 tax breaks for the nation’s got what they wanted. In all cases, tennis with fice in 2009, the White largest financial firms, ac- they got White House access, a Hillary Donovan Slack and Paul Singer House has convened reg- cording to a USA TODAY highly coveted commodity. Clinton over ular communication analysis of White House The White House declined to Donald USA TODAY briefings with roughly visitor logs and other discuss the messaging briefings in Trump (24%) two dozen Democrats AP public records. At least detail, how invitees were selected Obama WASHINGTON President Obama who have fanned out to two other participants in or why they included lobbyists. took oce promising to restrict deliver the administration’s spin the administration’s messaging “Generally speaking, we value lobbyists’ influence on his ad- in the media. operation were public relations our external outreach and out- Source STIGA Table Tennis/Harris Poll ministration, but from its first At least four of those surrogate consultants who also returned to ward engagement — excluding June 30-July 2 of 2,012 adults days, his team has tapped lobby- spokespeople were registered the White House with clients. TERRY BYRNE AND BETHANY FEWELL, USA TODAY ists to help shape the Obama lobbyists who returned to the These six people have brought v STORY CONTINUES ON 5A

STATE-BY-STATE 4A AMERICA’S MARKETS 3B MARKETPLACE TODAY 5B PUZZLES 5D SCREEN CHECK 6D WEATHER 8A YOUR SAY 8A hindrances for police. Records obtained from police agencies in all 50 states show: • While attention has been focused on large metro police agencies, tens of thousands of untested sexual assault kits are accumulating almost without notice at rural and smaller city departments. Hun- dreds of rape kits remain untested in places like Muncie, Ind., Visalia, Calif., St. Cloud, Minn., and Green Bay, Wis. • In most states and at most law enforcement agencies, there are no written guidelines for processing sex-crime evidence. Decisions often are left to the discretion of investigating officers, lead- ing to inconsistencies. • Although uploading offenders’ DNA information into state and national databases is proven to identify serial predators who move across jurisdictions, police often treat rape kits as if the evidence is relevant only family and friends,” she said. “It’s like a baby’s mobile: You to the single assault with which it is associated. touch one piece and it moves all the others. It’s not just one • Authorities at all levels of government are failing to person. Everyone that their sphere of influence touches is quantify the problem. At least 50 major law enforcement affected by what happens to a victim.” agencies — from Montgomery, Ala., to Reno, Nev. — have never counted the untested rape kits in their evidence CHAPTER 2 rooms. Most states haven’t undertaken an inventory. Discretion question • The U.S. Department of Justice is failing to comply No consistency in decision to test with a 2013 law that was meant to get more rape kits test- or store evidence ed and set national protocols for processing sexual assault evidence. Debbie Smith of Williamsburg, Va., is one of thousands For rape survivors like Scheske, the accumulation of un- whose cases were solved by DNA analysis. After a masked tested evidence is more than abstract statistics. man invaded her home in 1989 and raped her — threaten- “Every single one of those rape kits is a person, and (their) ing to come back and kill her if she told anyone — she lived in constant fear of his return for more than six years. Smith remembers the day she was notified that a DNA match identified her attacker. He was already behind bars in Maryland for an- other crime. “It was the first time in those 6½ years that I took a deliberate breath. I wanted to breathe. I wanted to live.” The inconsistent analysis of rape kits persists even as comprehensive testing in some cities — including New York, Cleveland and Detroit — has demonstrated the power of the previously unused evidence to identify unknown assailants, confirm the accounts of sexual assault survivors, and exonerate wrongly accused suspects. The results showed the discretion investigating officers have over whether to test rape kits has often been misused, said Sarah Haacke Byrd, managing director of the Joyful Heart Foundation, a group pushing for testing of all kits tied to a reported sexual assault.

3 USA TODAY 6A NEWS FRIDAY, JULY 17, 2015 USA TODAY INVESTIGATION Tens of thousands of rape kits untested Victims ask why evidence in assaults tucked away in storage

Steve Reilly Debbie USA TODAY Smith, with her husband After 18 years without justice, Rob, became Joanie Scheske believed the man an advocate who raped her would never be for rape kit caught. testing after Then, the St. Louis police she was at- called in 2009. Evidence in a sep- tacked. She arate, 8-year-old sexual assault lived in fear was ﬁnally tested and matched for six years her attacker’s DNA. before DNA Rapist Mark Frisella, whose at- analysis tack was so brutal Scheske still helped catch suers from epilepsy, is serving her assailant. 19 years in prison. “I had a really dicult time wrapping my head around why that rape kit was never tested,” Scheske said.

A USA TODAY Media Network WVEC investigation has found similar “Time and time again, we haveevide nseence in thattens lawof th oenforceusands o-f About 2,000 matched DNA in of- cumstantial evidence, including rape kits neglected by police fender databases — “cold hits” as the kit, a jurisdiction could decide ment frequently disbelieves victimsaround whenthe country they’re. seeking UNTESTED SEXUAL ASSAULT KITS police call them. One of the to go forward without the victim.” help from law enforcement,” sheR esaid.cords Mandatory obtained fro testingm more A number of the nation’s largest law enforcement agencies matches: Michael Brown. Some government ocials and than 1,000 police departments have not tested hundreds or thousands of the sexual assault His DNA had been entered researchers faulted police for a “takes discretion out of the handsiden oftifi lawed a tenforcement.” least 70,000 sexual kits they booked into evidence in recent years. into the FBI’s Combined DNA In- predisposition to doubt survivors’ In the course of this investigation,assaul tthe kit squestions containin gfrom evid elonc-e dex System (CODIS) database af- stories. cal and national journalists startedfrom prompting reported ra change,pes and evenother ter an unrelated crime in “The fact is that often rape kits sexual oenses that were never UNTESTED KITS Maryland. The DNA match led to are unsubmitted for testing be- before publication. State agenciessent to andlabs folocalr test inpoliceg. Des pthatite its his indictment in 2003 for the cause of a blame-the-victim men- didn’t know how many untestedsc orapepe, kitsthe theyage heldncy-b startedy-agency Memphis 6,942 New York girl’s rape. He was con- tality or because investigators count covers a fraction of the na- victed in 2005. mistrust the survivor’s story,” Illi- counting because of reporters’ tquestionsion’s 18,000 and poli copene dep arecordsrtments , Las Vegas 5,266 Other cities and states fol- nois Attorney General Lisa Madi- requests. Those new audits alonesugg efoundsting t hmoree num thanber o f2,000 aban- lowed New York’s example and gan told a U.S. Senate doned rape kits reaches into the Indianapolis 5,006 test all rape kits. New laws and subcommittee in May. kits containing untested evidence.hundreds Several of thousagenciesands .decided, changing attitudes have led to After more than 10,000 untest- based on reporters’ inquiries, to sendThe somekits c oornt allain offo theirrensic un ev-i- Dallas 4,140 CODIS matches resulting in ed sexual assault kits were discov- dence collected from survivors in thousands of new investigations ered in Detroit in 2008, a tested rape kits to crime labs. Ina pSouthainsta kCarolina,ing and in toldvasiv ofe p theroc- and hundreds of indictments — landmark study funded by the findings, legislative leaders beganess t hpursuingat can las t statewidefour to six hstanour-s. Jacksonville 1,943 many involving serial oenders Justice Department exploring the Testing can yield DNA evidence tied to sex crimes in dierent causes of the failure to test evi- dards defining when police shouldthat testhelp srape ide nevidence.tify suspects, bol- San Diego 1,830 parts of the country. dence faulted police for “negative, Yet for uncounted thousandsst emorer pro srapeecutio survivors,ns or in stheome Testing by Cleveland-area victim-blaming beliefs.” cases exonerate the wrongly Phoenix 1,782 prosecutors linked more than “Rape survivors were often as- evidence remains untested, in astorage.ccused. 200 alleged serial rapists to about sumed to be prostitutes, and The investigation found wide- Tucson 1,749 600 assaults. Statewide, Ohio At- therefore, what had happened to CHAPTER 3 spread inconsistency in how po- torney General Mike DeWine’s them was considered to be their lice handle rape evidence and eort to collect and test rape kits own fault,” researchers from Cold hits failures at all levels of govern- Milwaukee 1,615 has resulted in at least 2,285 CO- Michigan State University wrote. ment to solve the problem. Rec- DIS hits. Testing evidence, even yearsords o blater,tained f rom requests in all Kansas City 1,256 In Houston, analysis of about is resolving rape cases 50 states revealed: 6,600 untested rape kits resulted FAILURE TO ACT uMost states and most police in about 850 matches, 29 prose- CONGRESSIONAL FIX agencies have no written guide- cutions and six convictions. IGNORED It took more than a decade forlin eMichaels for proc eJ.ss Browning sex c rtoim facee evi - 0 1,000 3,000 5,000 7,000 Since Colorado began requir- justice for the 1993 rape of a school-ageddence. Deci sgirlions at of ate Newn are Yorkleft to Source: Agency and state figures obtained by USA TODAY as of early 2015 ing police statewide to submit Many law enforcement o- the discretion of investigating of- JIM SERGENT, USA TODAY rape kits for testing last year, cials are adamant in their defense City apartment complex. ficers. Some agencies test every more than 150 matches have of leaving some kits untested. On Aug. 6, 1993, Brown followedrape thekit. girlOth einsiders sen da aQueenss few as hensive testing in some cities — been found. At about $1,000 per kit, o- two in 10 to crime labs. including New York, Cleveland Still, many police agencies cials said, submitting a rape kit apartment building where she uwasMa visitingny thousa an dfriend.s of unt eHested assaultand Det kitsroit has— h aresulteds demon instr atate leastd 2,285How CODIS sexual hits assault so far. haven’t changed policies. for testing unnecessarily could di- placed his hand over her mouthkit sand are aabductedccumulati nher,g alm takingost un- thIne pHouston,ower of th eanalysis previous lofy uaboutn- 6,600kit testinguntested works rape kits Forty-four states have no law vert resources from other needs her to the rooftop, where he rapednoti chered a andt ru rknockedal and sm heraller un-cit-y resultedused evid einnc eabout to ide n850tify matches,assail- 29 prosecutions and six stipulating when police should or delay testing of evidence in departments. ants, confirm the accounts of Forensic tests of sexual test rape kits, and 34 states cases where the need is more conscious with a brick, accordingu toA lcourtthough records. uploading oend- convictions.sexual assault survivors or exon- assault evidence kits have haven’t conducted a statewide urgent. The victim was taken to a localers’ hospital,informatio nwhere into D sheNA wasdata- erateAnd, the since wrongly the accused. Colorado Bureau ofbeen Investigation used to identify began inventory. “The kit itself isn’t always the bases can help identify serial The results showed the discre- thousands of offenders since “We need to have a full ac- best science or the best evidence interviewed by police and a rapepred kitato rwass wh oprepared. move acro sThen,s juris- requiringtion inve spolicetigator sstatewide have o vtoer submitthe 1990s. sexual Here assault is how kits testing for counting for the state of what’s to a case,” said Sgt. Trent Crump, for nine years, that evidence satdi cintio an sfreezer, police amongoften tr ae atrovet rape testingwhether last to t eyear,st ra pmoree kits thanhas o 150f- matchesthe evidence have frombeen a found. kit can left, what hasn’t been tested, why spokesman for the Phoenix Po- kits as if the evidence is relevant ten been misused, said Sarah it hasn’t been tested and just lice Department, which has accu- of 16,000 untested rape kits held by the New York City Po- Despite those successes, many policehelp identify agencies a suspect haven’t in only to a single assault. Haacke Byrd, managing director sexual assault cases: clear it up,” said New York State mulated 1,782 untested rape kits lice Department. uAt least 50 law enforcement changedof the Joy ftheirul He apolicies.rt Foundation, a Assembly member Linda Rosen- since 2000. agencies — from Montgomery, group pushing for testing of all thal, a Democrat, who introduced A growing number of advo- In prior decades, the evidenceA lhada., to little Reno value— have unless never c newount- kiInts Newtied Yorkto r estate,porte dlaw se enforcementxual agencies outside of legislation that would require an cates push universal testing. leads emerged. But DNA technologyed untes teadvancedd rape kits andin th estateir evi- Newassaults York. City are under no legal requirement to test rape inventory. The bill has yet to “I think that in cities that have dence rooms. Most states haven’t “Time and time again, we have make it out of committee. started testing all of their backlog, and federal governments builtu ndertakoffenderen an databases. inventory. Police evidence.seen that lNoaw estatenforc elawmen existst fre- requiring agencies to track The state Department of Crim- they’re finding enough patterns and policymakers saw value in analyzinguThe U.S the. De pevidence.artment of Jus- howquen manytly disb untestedelieves vic kitstims arewhe storedn in their evidence rooms. inal Justice Services started a sur- of serial rapists for the informa- tice is failing to comply with a they’re seeking help from law en- vey of 213 police agencies after tion to be really valuable in cur- In the late 1990s, NYPD spent20 1$123 la wmillion meant toto gsendet m oeveryre evi- foNewrcem eYorknt,” s ishe one said of. M 44an statesdatory with no law stipulating when questioning from USA TODAY. rent cases as well as the ones that kit to a private lab for analysis.d Aboutence te 2,000sted a nmatchedd set sta nDNAdards policetesting should“takes dtestiscr erapetion kitsout oandf 34 statesHOSPITAL that haven’t con- have been sitting on shelves for in offender databases — “cold forhits” processing as police rape call kits them.. One ductedthe hands a statewideof law enforcement. inventory.” Sexual assault kit is years,” said Scott Berkowitz, For rape survivors such as assembled by collecting REASONS WHY president of the Rape, Abuse and of the matches: Michael Brown. “We need to have a full accounting for the state of what’s WHY POLICE SAY THEY Scheske, the accumulation of un- COLD HITS biological and other Incest National Network. His DNA had been entered intotes ttheed e FBI’svidenc Combinede is more th DNAan ab- left, what hasn’t been tested, why forensicit hasn’t evidence been tested including and DON’T TEST EVERY KIT Over the past decade, Congress stract statistics. TESTING EVIDENCE, EVEN YEARS blood, semen, saliva and appropriated about $1.2 billion to Index System (CODIS) database“ Eaftervery saning unrelatedle one of th ocrimese rape justLATER, clear IS RESOL it up,”VING said RAPE New CASES York State Assemblyloose hairs. member Interviews with law enforce- cut the nation’s backlog of DNA in Maryland. The DNA match ledkits to is his a p indictmenterson and fa inm i2003ly and Linda Rosenthal, a Democrat, who has introduced legisla- ment ocials and a review of case testing. In other terms: enough to friends,” she said. “It’s like a It took more than a decade for records reveal rape kit testing is test 1 million rape kits. for the New York girl’s rape. Heb wasaby’s convicted mobile: Y inou 2005. touch one tionMich requiringael J. Brow ann t oinventory. face justic eThe bill has yet to make it out often arbitrary and inconsistent In 2013, Congress passed the Other cities and several statespie cfollowede, and it m Newoves a lYork’sl the ot hexer-s. offo rcommittee. the rape of a school-age girl at between agencies and even with- Sexual Assault Forensic Evidence It’s not just one person. Everyone a New York City apartment com- in agencies. Reporting Act, requiring three- ample and now send all rape kitstha fort th testing.eir sphe Newre of laws influ andence plex. In Jackson, Tenn., records quarters of federal funding for changing attitudes in some jurisdictionstouches is a haveected bledy w toha tCO hap-- CHAPTEROn Aug .4 6, 1993, Brown fol- show contradictory reasons why sexual assault kits be used for DIS matches resulting in thousandspens to ofa victim. new ”investigations lowed the girl inside a Queens rape kits were not tested. testing or taking inventory. The Reasonsapartment bui lwhyding. He placed LAW In some cases, the Jackson Po- law set up grants to help police and hundreds of indictments — many involving serial of- his hand over her mouth and ab- lice Department did not test evi- pay for counting and testing. No DISCRETION Why police say they don’t testENFORCEMENT every kit fenders tied to sex crimes in different parts of the country. ducted her, taking her to the roof- dence because the suspect’s grants have been awarded. A Jus- QUESTION top, where he raped her and Investigators decide identity was already known. In tice Department steering com- Testing by Cleveland-area prosecutorsNO CONSISTENCY linked INmore DECISION than knInterviewsocked her u withncon slawciou enforcements with a officials,whether orand not a toreview of others, records show police de- mittee met only once, in March 200 alleged serial rapists to 600 assaults.TO TEST Statewide,OR STORE EVIDENCE Ohio At- policebrick, according records toobtained court records by USA. TODAY,forward reveal the kit tosexual-as a crime - cided not to test kits because 2014. The girl was taken to a hospi- lab for testing. there was “no known suspect,” Sen. John Cornyn, R-Texas, torney General Mike DeWine’s effortDeb btoi e collectSmith oandf W itestlliam sexualsburg, sault-kittal, where testingshe was iisnt oftenerview earbitraryd by and inconsistent among even though testing the kits could who authored the law, said that’s Va., is one of thousands whose police and a rape kit was help identify a suspect. “completely unconscionable.” cases were solved by DNA analy- prepared. Law enforcement ocials said While federal action is stalled, sis. After a masked man invaded For nine years, that evidence the most common reason kits are changes in how rape evidence is her home in 1989 and raped her sat in a freezer among a trove of not tested is there is not a prose- treated fall to state and local o- — threatening to come back and 16,000 untested rape kits held by cutable case, usually because of a cials. As more cold hits emerge, kill her if she told anyone — she4 the New York City Police Depart- lack of cooperation from victims. some law enforcement leaders lived in constant fear for more ment. That’s not a valid reason to jetti- have started to advocate for than six years. In prior decades, the evidence son forensic evidence, said Mai change. Smith remembers the day she had little value unless new leads CRIME LAB Fernandez, executive director of “They’ve had success stories was told a DNA match identified emerged. DNA technology ad- Analyzes and enters DNA the National Crime Victims Cen- with testing these kits,” said Col. her attacker. He was already be- vanced, and state and federal gov- into the Combined DNA ter in Washington. Some survi- Elmer Setting, who leads the New hind bars in Maryland for anoth- ernments built oender vors may fear retaliation if they Castle Police Department in Del- er crime. “It was the first time in databases. Police and policymak- Index System (CODIS). Alerts press charges. aware and supports mandatory those 6½ years that I took a de- ers saw value in analyzing the evi- investigators of a match; “The victim might not decide testing. “It’s amazing how, (for) liberate breath. I wanted to dence. otherwise, DNA remains in that they want to go forward with many of these sexual predators, breathe. I wanted to live.” In the late 1990s, the NYPD CODIS for future reference. the case, but they might decide we have their DNA and we never The inconsistent analysis of spent $12 million to send every later on that they do,” Fernandez tested the kit. It doesn’t make any ZACH WALKER, USA TODAY rape kits persists even as compre- kit to a private lab for analysis. said. “Or if there’s enough cir- sense.” USA TODAY 6A NEWS FRIDAY, JULY 17, 2015 USA TODAY INVESTIGATION Tens of thousands of rape kits untested Victims ask why evidence in assaults tucked away in storage

A USA TODAY Media Network WVEC investigation has found similar evidence in tens of thousands of About 2,000 matched DNA in of- cumstantial evidence, including rape kits neglected by police fender databases — “cold hits” as the kit, a jurisdiction could decide around the country. UNTESTED SEXUAL ASSAULT KITS police call them. One of the to go forward without the victim.” Records obtained from more A number of the nation’s largest law enforcement agencies matches: Michael Brown. Some government ocials and than 1,000 police departments have not tested hundreds or thousands of the sexual assault His DNA had been entered researchers faulted police for a identified at least 70,000 sexual kits they booked into evidence in recent years. into the FBI’s Combined DNA In- predisposition to doubt survivors’ assault kits containing evidence dex System (CODIS) database af- stories. from reported rapes and other ter an unrelated crime in “The fact is that often rape kits sexual oenses that were never UNTESTED KITS Maryland. The DNA match led to are unsubmitted for testing be- sent to labs for testing. Despite its his indictment in 2003 for the cause of a blame-the-victim men- scope, the agency-by-agency Memphis 6,942 New York girl’s rape. He was con- tality or because investigators count covers a fraction of the na- victed in 2005. mistrust the survivor’s story,” Illi- tion’s 18,000 police departments, Las Vegas 5,266 Other cities and states fol- nois Attorney General Lisa Madi- suggesting the number of aban- lowed New York’s example and gan told a U.S. Senate doned rape kits reaches into the Indianapolis 5,006 test all rape kits. New laws and subcommittee in May. hundreds of thousands. changing attitudes have led to After more than 10,000 untest- The kits contain forensic evi- Dallas 4,140 CODIS matches resulting in ed sexual assault kits were discov- dence collected from survivors in thousands of new investigations ered in Detroit in 2008, a a painstaking and invasive proc- and hundreds of indictments — landmark study funded by the ess that can last four to six hours. Jacksonville 1,943 many involving serial oenders Justice Department exploring the Testing can yield DNA evidence tied to sex crimes in dierent causes of the failure to test evi- that helps identify suspects, bol- San Diego 1,830 parts of the country. dence faulted police for “negative, ster prosecutions or in some Testing by Cleveland-area victim-blaming beliefs.” cases exonerate the wrongly Phoenix 1,782 prosecutors linked more than “Rape survivors were often as- accused. 200 alleged serial rapists to about sumed to be prostitutes, and The investigation found wide- Tucson 1,749 600 assaults. Statewide, Ohio At- therefore, what had happened to spread inconsistency in how po- torney General Mike DeWine’s them was considered to be their lice handle rape evidence and eort to collect and test rape kits own fault,” researchers from failures at all levels of govern- Milwaukee 1,615 has resulted in at least 2,285 CO- Michigan State University wrote. ment to solve the problem. Rec- DIS hits. ords obtained from requests in all Kansas City 1,256 In Houston, analysis of about 50 states revealed: 6,600 untested rape kits resulted FAILURE TO ACT uMost states and most police in about 850 matches, 29 prose- CONGRESSIONAL FIX agencies have no written guide- cutions and six convictions. IGNORED lines for processing sex crime evi- 0 1,000 3,000 5,000 7,000 Since Colorado began requir- dence. Decisions often are left to Source: Agency and state figures obtained by USA TODAY as of early 2015 ing police statewide to submit Many law enforcement o- the discretion of investigating of- JIM SERGENT, USA TODAY rape kits for testing last year, cials are adamant in their defense ficers. Some agencies test every more than 150 matches have of leaving some kits untested. rape kit. Others send as few as hensive testing in some cities — been found. At about $1,000 per kit, o- two in 10 to crime labs.law enforcementinclud iagenciesng New Y—o rkand, C levenevelan d Sinvestigatorstill, many p omistrustlice agen ctheies csurvivor’sials said, s ubmitting a rape kit uMany thousands owithinf untes agencies.ted and Detroit — has demonstrated How sexual assault havstory,”en’t chang Illinoised policies Attorney. Generalfor tesMaditing -unnecessarily could di- kits are accumulating almost un- the power of the previously un- kit testing works Forty-four states have no law vert resources from other needs noticed at rural and smInall eJackson,r-city u sTenn.,ed evid forenc eexample, to identi fnotay ass-ail- stiganpula ttolding wa hU.S.en pSenateolice s hsubcommitteeould or delay atte sting of evidence in departments. tions in evidenceants, crecordsonfirm showthe a ccontracounts - of Forensic tests of sexual tesat hearingrape k iints, May.and “This34 st outdatedates case ways w hofer e the need is more uAlthough uploadidictoryng oen reasonsd- sexu asal toass whyault srapeurviv kitsors o werer exo n- assault evidence kits have hathinkingven’t con mustducted change.” a statewide urgent. ers’ information into DNA data- erate the wrongly accused. been used to identify inventory. “The kit itself isn’t always the bases can help idennottify tested.serial In Tsomehe re scases,ults sh othewed Jackson the discr e- thousands of offenders since “WAftere ne emored to thanhave 10,000a full auntestedc- best ssexucienc-e or the best evidence predators who move aPolicecross ju Departmentris- tion in didves tnotigat testors evidencehave ov er the 1990s. Here is how testing coualn assaultting for kitsthe werestate discoveredof what’s tino aDetroit case,” s aid Sgt. Trent Crump, dictions, police often becausetreat rap ethe wsuspect’shether to tidentityest rape kwasits h aals -of- the evidence from a kit can lefint, w 2008,hat ha as nlandmark’t been tes tstudyed, wh fundedy spok byesm thean for the Phoenix Po- kits as if the evidence is relevant ten been misused, said Sarah help identify a suspect in it hasn’t been tested and just lice Department, which has accu- only to a single assault.ready known,H arecordsacke By rshow.d, man Inag i13ng otherdirect or sexual assault cases: cleJusticear it up, ”Department said New Yor kfaulted State policemulate dfor 1,7 82 untested rape kits uAt least 50 law encasesforcem sinceent o1998,f the Jrecordsoyful He ashowrt Fou npolicedation , a As“negative,sembly mem victim-blamingber Linda Rosen beliefs.”- since 2000. agencies — from Montgomery, group pushing for testing of all thal, a Democrat, who introduced A growing number of advo- Ala., to Reno — have nedecidedver coun tnot- ktoits testtied kits to becausereported there sexu al legis“Rapelation thsurvivorsat would rwereequire oftenan c atesassumed push univ ersal testing. ed untested rape kits iwasn the “noir ev suspect”i- assaults or .“no known suspect,” invtoen betor yprostitutes. The bill andhas thereforeyet to what“I th hadink t hat in cities that have dence rooms. Most states haven’t “Time and time again, we have make it out of committee. started testing all of their backlog, undertaken an inventoryeven. thoughs etestingen tha tthe law kits enf ocouldrcem ehelpnt fr e- happenedThe state D etopa themrtmen twas of C consideredrim- they’ rtoe fibend ing enough patterns uThe U.S. Departmidentifyent of Ju as- suspect.quently disbelieves victims when inaltheir Justice own Services fault,” sresearcherstarted a sur- fromof s Michierial ra-pists for the informa- tice is failing to complAnothery with a untestedthey’re se esexualking he lassaultp from l awkit e n- veygan of State213 p Universityolice agenc iwrotees afte inr theirtion analyto be -really valuable in cur- 2013 law meant to get more evi- forcement,” she said. Mandatory questioning from USA TODAY. rent cases as well as the ones that dence tested and setheld stan dbyar dthes Jacksontesting “ tPoliceakes d iDepartmentscretion out of HOSPITAL sis of Detroit’s rape investigations.have been sitting on shelves for for processing rape kitsis. from a 2005the case hands where of law a enforcement. woman was” Sexual assault kit is At some agencies, records yreviewedears,” sai d Scott Berkowitz, For rape survivors such as assembled by collecting REASONS WHY president of the Rape, Abuse and Scheske, the accumulafoundtion of underun- a car and told police in two biological and other by WUSAHY POLICETODAY SAY showTHEY untestedInces sexualt National Network. tested evidence is morseparatee than ab interviews- sheCOLD was HITSraped after forensic evidence including assaultDON’T kitsTEST comeEVER YfromKIT cases involvingOver the past decade, Congress stract statistics. using drugs withTESTING a man EVIDENCE, in a hotel, EVEN YEARS ac- blood, semen, saliva and child victims. appropriated about $1.2 billion to “Every single one of those rape LATER, IS RESOLVING RAPE CASES loose hairs. Interviews with law enforce- cut the nation’s backlog of DNA kits is a person and cordingfamily an tod case records. mentRecords ocials andfrom a review the Dallasof case Policetestin g.De In -other terms: enough to friends,” she said. “It“She’s lik easked a (himIt to oto)k m stopore t hbutan a he de cconade -for recpartmentords revea showl rape atki tleast testi 43ng sexualis tes tassault 1 million rape kits. baby’s mobile: You touch one Michael J. Brown to face justice often arbitrary and inconsistent In 2013, Congress passed the piece, and it moves all tinuedthe oth etors .havefor tsexualhe rape intercourseof a school-ag withe girl at betkitswee ntaken agenc iintoes an dcustody even wi thfrom- S e1996xual A stosa ult Forensic Evidence It’s not just one personher,”. Eve rtheyon einvestigatora New York wrote City ap inar tmoneen tre co-m- in 1999agencies were. from children, someR asep oyoungrting Act, requiring three- that their sphere ofport. influ Butence thep investigator’slex. notes from a asIn 12.Ja Incks anon, interview,Tenn., re Dallascords policequarte offirs o-f federal funding for touches is aected by what hap- On Aug. 6, 1993, Brown fol- show contradictory reasons why sexual assault kits be used for pens to a victim.” third interviewlow edaysd th elater girl indicateinside a Q“sheuee ns rapecials kits said were there not tes areted. likely manyt moreesting kitsor t aking inventory. The did not rememberapartm ewhatnt b uhadildi nhappened”g. He plac ed LAW fromIn som childrene cases, th eamong Jackso nits Po -inventorylaw set uofp grants to help police his hand over her mouth and ab- lice Department did not test evi- pay for counting and testing. No DISCRETIONand the sex wasduct voluntary.ed her, takin Theg he rcase to th wase roo f- ENFORCEMENT denmorece b thanecaus 4,000,e the butsu therespect’s areg rnoan tplanss have been awarded. A Jus- QUESTIONclosed. The tsexualop, wh eassaultre he rkitape dhad he notr an d Investigators decide idetont ispecificallyty was alrea dtargety kno wthemn. In for ttesting.ice Department steering com- NO CONSISTENCY IN beenDECISION tested askn ofoc klasted hmonth.er unconscious with a whether or not to othe“Often,rs, reco rsomeoneds show pwillolic saye d ethat- mtheyitte ewere met only once, in March TO TEST OR STORE EVIDENCE brick, according to court records. forward the kit to a crime cided not to test kits because 2014. “That shouldT hhavee girl wbeenas ta kinvestigaten to a hos-pi- lab for testing. thevictimized.re was “no Butkno wwhenn sus pyouect, ”get intoSen. theJoh n Cornyn, R-Texas, Debbie Smith of Wiedllia mfurthersburg, andtal, wIh feelere s hconfidente was interv thatiewe dit b y evecase,n tho actuallyugh testi nwhatg the kiti tis,s c oisu thatld wtheirho a upartho-red the law, said that’s Va., is one of thousands whose police and a rape kit was help identify a suspect. “completely unconscionable.” cases were solved by DwouldNA an abely- now,”prepared. Jackson Police Capt. entLaw had enfo toldrcem thement o notcia tols sgoaid visit aW friend,hile fed eral action is stalled, sis. After a masked mMikean inv adHolted saidFor ofnin ethe ye arcase,s, tha tnoting eviden ce theso m theyost c ohadmm toon makereason up ki tas story,”are c hsaidang eDals in- how rape evidence is her home in 1989 andchanges raped he roversa tthe in a pastfreez edecader amon gin a thowrove of nolast te spoliceted is tspokesmanhere is not a Majorprose- Jefftrea tCotner,ed fall t o state and local o- — threatening to come back and 16,000 untested rape kits held by cutable case, usually because of a cials. As more cold hits emerge, kill her if she told anypoliceone — interactshe the withNew Yvictims.ork City Police Depart- lacwhok of cnotedooper athattion testingfrom vi cofti molders. skitsome could law enforcement leaders lived in constant fear Lawfor m oenforcementre ment. officials said the Thdelayat’s no testingt a valid that reas ison more to jet urgentlyti- have needstar-ted to advocate for than six years. In prior decades, the evidence son forensic evidence, said Mai change. Smith remembers tmosthe da ycommon she ha dreason little v kitsalue areunl enotss n testedew lea ds CRIME LAB Feredna fornde currentz, execu tinvestigations.ive director of “They’ve had success stories was told a DNA matchis i dthereentifi eisd notem ae prosecutablerged. DNA te ccase,hnolo usugy -ad- Analyzes and enters DNA the National Crime Victims Cen- with testing these kits,” said Col. her attacker. He was aallylrea dduey be to- av alacknced ,of an cooperationd state and fed efromral go v- into the Combined DNA terCHAPTER in Washi 5ngton. Some survi- Elmer Setting, who leads the New hind bars in Maryland for anoth- ernments built oender vors may fear retaliation if they Castle Police Department in Del- er crime. “It was the fivictims.rst time in databases. Police and policymak- Index System (CODIS). Alerts pressFailure charges. to act aware and supports mandatory those 6½ years that I toPerceivedok a de- lackers sa ofw vcooperationalue in analyz infromg the aev i- investigators of a match; “The victim might not decide testing. “It’s amazing how, (for) liberate breath. I wanted to dence. otherwise, DNA remains in thaCongressionalt they want to go for wfixar dso wi tfarh ignoredmany of these sexual predators, breathe. I wanted to livvictime.” is not aI nvalid the lreasonate 199 0tos, jettisonthe NYP D CODIS for future reference. the case, but they might decide we have their DNA and we never The inconsistent analysis of spent $12 million to send every later on that they do,” Fernandez tested the kit. It doesn’t make any forensic evidence, said Mai Fernan- ZACH WALKER, USA TODAY Many law enforcement officials are rape kits persists even dez,as co mexecutivepre- kit directorto a priv aofte thelab Nationalfor analys is. saiadamantd. “Or if tinhe retheir’s en oudefensegh cir- ofsense. leaving” Crime Victims Center, a Washington- some kits untested. based non-profit. Some survivors may fear retaliation if At about $1,000 per kit, officials said submitting a rape they press charges. kit for testing unnecessarily could divert resources from “The victim might not decide that they want to go for- other policing needs or delay testing of evidence in cases ward with the case, but they might decide later on that they where the need for analysis is more urgent. do,” Fernandez said. “Or, if there’s enough circumstantial “The kit itself isn’t always the best science or the best evi- evidence, including the kit, a jurisdiction could decide to dence to a case,” said Sgt. Trent Crump, spokesman for the go forward without the victim.” Phoenix Police Department, which has accumulated 1,782 Some government officials and researchers have faulted untested rape kits since 2000. He said the agency uses an police for a predisposition to doubt survivors’ stories. “evidence-based testing procedure” to decide in each case. “The fact is that often rape kits are unsubmitted for test- A growing number of advocates are pushing universal ing because of a blame-the-victim mentality or because testing.

5 “I think that in cities that have started testing all of their evidence is treated is falling to state and local officials. As backlog, they’re finding enough patterns of serial rapists more cold hits emerge, some law enforcement leaders have for the information to be really valuable in current cases started to advocate for more stringent record-keeping and as well as the ones that have been sitting on shelves for testing policies. years,” said Scott Berkowitz, president of the non-profit Col. Elmer Setting, who leads the New Castle Police De- Rape, Abuse and Incest National Network. partment in Delaware, said he has pushed for a statewide Over the past decade, Congress has appropriated about mandate to test every rape kit. $1.2 billion to cut the nation’s backlog of DNA testing “They’ve had success stories with testing these kits,” he needs, including sexual assault kits. In other terms: enough said. “It’s amazing how, (for) many of these sexual preda- to test 1 million rape kits. tors, we have their DNA and we never tested the kit. It In 2013, Congress passed legislation to focus federal doesn’t make any sense.” spending and set national testing standards. The Sexual In addition to New York, bills are pending in other states Assault Forensic Evidence Registry Act, or SAFER Act, — including Massachusetts, New Jersey, Oklahoma and required at least three-quarters of the funding for sexual Maryland — to require inventories of untested rape kits. assault kits be used for testing or taking inventory of the In five states, legislation is pending requiring testing of any evidence. The law set up grants to help local police pay for new rape kits. inventories and testing. No grants have been awarded. A The mandatory testing bills being considered in New Jer- Justice Department steering committee met only once, in sey, Oklahoma, Tennessee and West Virginia would add to March 2014. testing laws on the books in Colorado, Illinois, Michigan, Sen. John Cornyn, R-Texas, who authored the law, called Ohio, Texas and Washington. it “completely unconscionable” that the Justice Depart- “If we could catch more rapists through testing,” said ment has not complied. Rosenthal, the New York lawmaker, “we ought to test ev- With federal action stalled, changes in how sexual assault ery single kit we have.”

7 USA TODAY — THE INDIANAPOLIS STAR E2 SECTION B

IN MONEY IN LIFE

July 17, 2015

http://www.usatoday.com/story/news/2015/07/17/ 07.19.151b--rape-kit-funding-not-being-spent--fix-problem/29902283/ Aiming to upend Pop culture’s take on e-commerce artificial intelligence

ROBERT DEUTSCH, USA TODAY LUCASFILM LTD WHAT’S HAPPENING WHAT’S HAPPENING WHAT’S HAPPENING USA TODAY INVESTIGATION Toll in ONLINE ONLINE ONLINE Tenn. TODAY’S TODAY’S TODAY’S MUST-READS MUST-READS MUST-READS ‘terror’ rises to 5

JORDAN SPIETH BY Doug Stanglin IAN RUTHERFORD, USA TODAY USA TODAY SPORTS A Navy petty o¥cer wounded uSt. Andrews in the shooting rampage in Chat- tanooga has died, bringing the to- showdown! All tal number of victims to five, the action from 3rd according to the Navy and the round of British Open sailor’s family. Four Marines were also killed uTravel rankings: in the assault, along with the Top hotels, zoos gunman. Navy Petty and amusement O¥cer Randall parks revealed Smith, a logis- tics specialist originally from Paulding, Ohio, TODAY ON TV had suered ex- tensive damage CNN’s State of the Union: INACTION ON RAPE KITS to internal or- Secretary of State John Kerry, gans during the FACEBOOK Energy Secretary Ernest shooting at the Smith Moniz; Republican presi- ‘UNCONSCIONABLE’ U.S. Naval Re- dential candidates Marco serve Centeron Thursday. Smith’s Rubio and Scott Walker. GRIFFIN MOORES, THE (STAUNTON, VA.) NEWS LEADER death was confirmed by Darlene NBC’s Meet the Press: Proxmire, his stepgrandmother, Kerry; British Prime Minister Waynesboro New laws, federal money don’t seem WANE-TV reports. David Cameron; Republican Police Sgt. Steve Reilly, USA TODAY The four Marines killed were presidential candidate Brian to make dent in massive evidence backlog identified as Gunnery Sgt. Thom- Rick Perry. Edwards as Sullivan, of Springfield, Mass.; ABC’s This Week: Kerry; holds up a Over the past decade alone, Congress has approved inThevesti gexaminationation found t hacrossat the Uall.S. 50 states identifiedSta at S leastgt. Da vid Wyatt of Burke, Moniz; Israeli Prime Minister $1.2 rape kit first Steve Reilly Department of Justice has failed N.C.; Sgt. Carson Holmquist of Benjamin Netanyahuenough money to reduce the nation’s backlog of DNA evi- 70,000 sexual assault kits at moreprocessed than 1,000 in law enforce- BILLION USA TODAY to comply with laws enacted by Polk, Wis.; and Lance Corporal CBS’ Face the Nation: 2011 that’s dence testinga llocatedto have otestedver more than 1 million sexual as- mentCongr eagenciesss aimed nationwideat paying f—or likely only a smallSquire fraction K. W ells of Cobb, Ga. Kerry, Moniz; Netanyahu; still awaiting a decade Over the past decade alone, testing and reducing the backlog The family of Chattanooga o¥- Sen. Dianne Feinstein,sault evidence kits. of the national accumulation thattes tinglikely this reaches into the toward Congress has approved enough of untested rape kits — despite cer Dennis Pedigo, injured in the D-Calif. month. So far, however,addressing despite the evidencemoney t othat red uthece numberthe natio nof’s hundredsthe power ooff tthousandshe kits to p acrossrovide the nation’s 18,000melee, law senaid- he is in “good spirits.” Fox News Sunday: untested rapenation kits’s DNAcould numberbacklog intoof DN theA e vhundredsidence test iofng forcementevidence tha agencies.t can identify assail- The FBI identified the shooter Kerry, Moniz; Sens. John testing needs, to have tested more than 1 mil- ants, exonerate wrongly accused as Mohammod Youssuf Abdula- Barrasso, R-Wyo., andthousands coast to coast, the vast majority of the money is “If we’re able to test these rape kits, more crimes would including lion sexual assault evidence kits. suspects, and confirm the ac- zeez, 24, a graduate in electrical Ben Cardin, D-Md. not reachingt akinglocal and state policeSo fa authoritiesr, though, d whereespite theevi- becounts solved, of surviv moreors .rapes would be avoided,” Vice ePresidentngineering from the University inventory and dence that the number of untest- The examination across all 50 of Tennessee-Chattanooga. The To find these items, abandonedgo to rape evidence could be tested and the problem Biden said in March, announcingan additional $41 million testing sexual ed rape kits could number into states identified at least 70,000 FBI said preliminary evidence in- onlinetoday.usatoday.com reduced. assault kits, has the hundreds of thousands na- insex grantual as sfundingault kits asat partmore of th aa nWhite House initiativedica ttoes adth-at Abdulazeez acted A USA TODAYoften Mediabeen Networktionw investigationide, most of th founde mon ethaty is dress1,000 ltheaw problem.enforcement agencies alone in the attack. the U.S. Departmentspent on mor of eJusticenot hasreac hfaileding lo tocal complyand stat withe po- —Notwithstandinglikely only a small thefrac fundingtion of and the attention Eofd poliRein-hold, the FBI special general DNA lice authorities where the aban- the accumulation that likely agent in charge, told reporters This is an edition of USA TODlawsAY enactedtesting by Congress aimeddone dat rpayingape ev iforden ctestinge coul dand be cymakers,reaches hun thedre defforts of th toou squantifyands and reduce theth e numbercase wa s being treated as an provided for The IndianapolisreducingStar. An theimpr backlogovements. of untestedtested andrape the kits problem — despite reduced. the of untested sexual assault kits is not anywhere“a ccloset of t etorr orism” until evidence expanded version of USA TODAY is A USA TODAY Media Network v STORY CONTINUES ON 2B shows otherwise. available at newsstands orpower by of the kits to provide evidence that can identify un- complete. subscription, and at usatodayknown.com. assailants, exonerate wrongly accused suspects, Scott Berkowitz, president of the Rape, Abuse and Incest and confirm the accounts of survivors. National Network, said the issue is not the amount of the Find USA TODAY Sports in today’s local Trump crosses new line with McCain sports section. Assails senator’s war record; critics pile on McCain, a Navy pilot, was a 2 prisoner of war for nearly six USA SNAPSHOTS© At a later news conference years in Vietnam after being shot Annah Backstrom Trump tried to explain his re- down while flying a mission. @AnnahBackstrom The Des Moines Register marks, but did not oer an Critics of Trump’s remarks Majority-minority apology. pointed out that he did not serve, counties Reaction was swift and harsh, instead receiving four student de- Republican presidential candi- with Trump’s GOP presidential ferments and one medical date Donald Trump took his con- rivals and even conservative lead- deferment. frontational campaign to a new ers of the Republican Party — Trump, at the news confer- level when he said Saturday that who are no fans of McCain’s poli- ence, oered this clarification: “If 364 Sen. John McCain was not a war tics — decrying Trump’s remarks. a person is captured, they’re a Counties and hero because he was captured by “The dierence between Sen. hero as far as I’m concerned. I independent cities – the North Vietnamese. John McCain and Donald don’t like the job John McCain is 11.6% of U.S. total Sen. McCain, R-Ariz., last week Trump: Trump shot himself doing in the Senate because he is and the most in DANIEL ACKER, BLOOMBERG criticized Trump’s rhetoric on down. McCain and American vet- Donald Trump speaks to reporters not taking care of our veterans.” modern history – immigration, saying the busi- erans are true heroes,” GOP 2012 Saturday in Ames, Iowa, during a Trump’s fellow 2016 hopefuls where the popula- nessman at a recent rally in presidential contender Mitt Family Leadership Summit. quickly took to Twitter, as well: tion is less than half non-Hispanic white Phoenix had “fired up the Romney tweeted. And Meghan McCain, crazies.” “Senator McCain is an Ameri- country for comments that dis- McCain’s daughter, said she was Trump on Saturday shot back, can hero because he served his parage those who have served “horrified.” saying “(McCain’s) a war hero be- country and sacrificed more than honorably,” the Republican Na- Source Pew Research Center’s Fact Tank cause he got captured. I like peo- most can imagine. Period. There tional Committee said in a Contributing: Bill Theobald, TERRY BYRNE AND PAUL TRAP, USA TODAY ple who weren’t captured.” is no place in our party or our statement. USA TODAY Top U.S. ocer sees Ramadi oensive gaining momentum visers with Iraq’s combat forces pany Iraqi combat forces to help least 115 people, primarily No need seen to add for the oensive to succeed. call in more precise airstrikes Shiites. American forces “I asked the senior leaders against the militants. The collapse of Ramadi in May point-blank: ‘Are we at the point Lindsey Graham, a Republican was a blow to Iraq’s military, where, in order to make sure this presidential candidate, has sug- which abandoned the city with- Jim Michaels mission succeeds, that we need gested a force of 10,000 U.S. out much of a fight. USA TODAY to be here in greater numbers troops to speed up the training of Last Monday, Iraq’s govern- and go farther forward?’ ” Demp- Iraqi troops. ment announced an oensive to BAGHDAD An Iraqi military op- sey told reporters as he wrapped Currently, there are about take the city back. Iraq’s military eration to retake the key Sunni up a day-long visit here. “And the 3,500 U.S. troops in Iraq. Their has not yet begun an assault into city of Ramadi from Islamic answer was ‘no.’ ” primary role is to train and sup- the center of the city, where an State militants is gaining mo- Iraqi forces have been repeat- port Iraq’s military. Dempsey estimated 250 to 300 militants mentum, the top U.S. military of- edly humiliated in battles by the said he supports that policy. are holed up. Instead, it is trying ficer said Saturday. vastly smaller ranks of Islamic The Islamic State, which has to surround the city first. Gen. Martin Dempsey, chair- State fighters. That has prompt- taken over large areas of Iraq in Brig. Gen. Yahea Resool, a man of the Joint Chiefs of Sta, STR/AFP/GETTY IMAGES ed critics of the administration’s the past year, remains a lethal Defense Ministry spokesman, said his senior field commanders Smoke billows Thursday from Hu- limited presence in Iraq to push enemy. An attack in a market- said Iraq’s forces have had initial do not require additional U.S. saybah, a town about four miles east for more U.S. forces in Iraq, in- place in Diyala province east of successes in securing areas on forces or the ability to deploy ad- of Ramadi in Iraq. cluding teams that could accom- Baghdad on Friday night killed at Ramadi’s outskirts. funding, but the fact that it isn’t reaching its intended target. find more and more loopholes.” “There’s ample money there,” he said. “But to date, only Decisions about whether sexual assault kits should be about 51% of that has gone towards casework and making tested should not be based on funding, said Mai Fernan- sure labs have the capacity to do the testing.” dez, executive director of the National Center for Victims The $1.2 billion allocated over the past decade toward ad- of Crime. Instead, there should be criteria in place to guide dressing the nation’s DNA testing needs, including taking police decisions about whether the kits should be tested. inventory and testing sexual assault kits, has often been “It can’t just be at the discretion of whoever is at the po- spent on more general DNA testing improvements. lice station that day,” sdevhe said. Some of the funding has gone toward administrative The SAFER Act endeavored to address that issue by es- expenses or been siphoned off for apparently unrelated tablishing national standards for sexual assault kit pro- purposes. A 2012 congressional report found some of the cessing. The law required the Department of Justice, by money set aside for rape kit testing was instead going to no later than Sept. 7, 2014, to develop and publish “a de- polling firms and toward the purchase of cellphone equip- scription of protocols and practices … for the accurate, ment and payments to “entities of uncertain mission timely, and effective collection and processing of DNA that employ heads of influential forensics policy advisory evidence, including protocols and practices specific to groups.” sexual assault cases.” In an effort to focus the use of the federal funding and Yet the nation’s top law enforcement agency failed to to address inconsistent sexual assault kit testing policies, comply with the law. The national set of protocols for pro- Congress in 2013 enacted the Sexual Assault Forensic Evi- cessing DNA evidence still has not been developed. dence Reporting Act, or SAFER Act. Sen. John Cornyn, R-Texas, who authored the SAFER The SAFER Act established benchmarks requiring that Act, called it “completely unconscionable” that the De- at least three-quarters of the funding for sexual assault kits partment of Justice has not complied with the SAFER Act. is actually used for testing or taking inventory of the kits. “Victims of sexual assault deserve better than to have The SAFER Act also established a grant program to fund critical evidence that could help find their attacker left to inventories of untested sexual assault kits by state and lo- sit on a shelf because the Obama Administration refuses cal agencies. However, the Department of Justice has so to fully implement this law,” he said in a statement to USA far not awarded any grants under the law. At about $1,000 TODAY. per kit, testing sexual assault kits is not free and the USA In a December 2014 letter to Cornyn, responding to an TODAY count of untested kits indicates that many small- inquiry about why DOJ had not complied with the SAFER er departments — those least able to afford to pay — have Act, Assistant Attorney General Peter Kadzik said devel- piled up hundreds of untested kits. oping the protocols required by the law “has presented Gerald LaPorte, director of the Office of Investigative many challenges,” but indicated no plans to comply with and Forensic Sciences for the U.S. Department of Justice’s the law in the future. National Institute of Justice, blamed the agency’s failure “After thoughtful deliberation, the steering commit- to issue grants on a lack of devoted funding to implement tee came to consensus on the need to identify best prac- the law. tices, protocols, statute and policies currently in existence Sexual assault survivors and advocates including Deb- throughout the country,” Kadzik wrote last year. The com- bie Smith of Williamsburg, Va. — who is the namesake of mittee has not met in more than 16 months. federal DNA testing legislation — say they are frustrated In response to questions to USA TODAY, LaPorte, of the by bureaucratic delays. National Institute of Justice, said a 42-person “steering “The administrators of the grant have not done what committee of stakeholders” was formed to develop the they were supposed to do,” said Smith, who lived for six protocols and met once in March 2014. years in fear that her attacker would follow through on “The National Institute of Justice’s goal is to have a final his threat to return and kill her, until he was identified document prepared for Department (of Justice) review in through a DNA match. “They closed some of the loop- the summer of 2016,” he said, “with a release date around holes, but the administrators of the grant continue to December 2016.”

3 July 20, 2015

http://www.usatoday.com/story/news/2015/07/20/state-local-officials- reviewing--changing-rape-kit-testing-policies/30411803/

State, local officials reviewing or changing policies on rape-kit testing

Steve Reilly, USA TODAY

Local and state officials across the country are review- Sheriff Mike Wood told the Democrat. “We have to change ing policies and procedures for processing rape kits after a our way of thinking and think more globally and outside USA TODAY Media Network investigation last week. the box, and we are going to do that here.” Reports by USA TODAY and more than 80 Gannett and Nationally, records obtained by the USA TODAY Media TEGNA local news organizations identified at least 70,000 Network show widespread variation in how law enforce- untested sexual-assault kits across more than 1,000 law ment agencies handle the sensitive evidence. Some agen- enforcement agencies nationwide. cies send as few as two in 10 sexual-assault kits to crime Although testing can yield DNA evidence that helps labs for testing, while others send every kit. identify suspects, bolster prosecutions or exonerate the Although attention has focused in recent years on rape- wrongly accused, many agencies have not tested large kit backlogs at the nation’s largest metro law enforcement numbers of kits that have been booked into evidence. agencies, records show hundreds of kits have accumulated Following inquiries by the Tallahassee (Fla.) Democrat, at rural and small-city departments. the Leon County Sheriff’s Office decided to review each of Responding to a report in the Green Bay (Wis.) Press- the 66 untested sexual assault kits in its custody and insti- Gazette disclosing approximately 350 untested rape kits tute new practices to ensure they do not accumulate within Green Bay, state Rep. David Steffen said the issue “re- out reasonable explanation. quires immediate investigation.” “This has opened our eyes to some degree,” Leon County “It is a priority for me to ensure that victims of rape are

2 protected, and district attorneys are provided the neces- “I would support anything that considers a victim’s re- sary tools to have these cases properly prosecuted,” Stef- quest or a case where there’s not a known suspect,” South fen said in a statement, noting plans to meet with state Dakota Attorney General Marty Jackley told the news- officials to determine whether legislative involvement is paper. “But we have to consider whether or not there’s a warranted. prosecutable case. If a defendant has died or if the statute In Beaumont, Texas, half of the police department’s of limitations has run out, there needs to be prosecutorial untested sexual-assault kits were from cases originating discretion.” in other jurisdictions. Beaumont Police Department Lt. “I’m still just astounded by the number of kits that are Karen Froman told 12News the department would change not tested. As time passes, it’s pretty easy for things to fall its procedure and begin to send letters notifying the other through the cracks. It’s something we need to look at to agency when it has a sexual-assault kit related to investiga- make sure that there are no gaps in the law on this,” state tions in other jurisdictions. Rep. Julie Bartling said. “You can always do things better,” Froman told the Mark Mickelson, chair of South Dakota’s House Judi- station. ciary Committee, was unaware of the issue, but said “new In the Lafayette, Ind., area, police told the Journal & Cou- ideas are always welcome.” rier they would review their policies for rape-kit testing. The state and local reviews, in light of USA TODAY Me- “As a result of all this coming to light,” said Tippecanoe dia Network reports, follow years of work from national County sheriff’s Chief Deputy Steve Hartman, “we’re actu- groups that advocate for sexual-assault survivors and urge ally having a conversation with the prosecutor now: ‘Do we Congress address the nation’s backlog of untested sexual go ahead and send in all these kits?’” assault kits, which may number in the hundreds of thou- “We are now going to submit all of our sexual-assault kits sands across the nation’s 18,000 police agencies. to a lab, if they will take them,” West Lafayette Police De- U.S. Rep. Carolyn Maloney, D-N.Y., who authored the partment Lt. Troy Harris told the newspaper. Debbie Smith Act in 2004 to provide federal funds for Most states do not have laws setting criteria authorities analysis of backlogged DNA samples, said the USA TODAY should use to determine whether certain kits should be Media Network reports “should remind everyone that tested. Lawmakers in several states said they would look at there is still much work to do.” whether changes are necessary. “I take this report very seriously and will be working South Carolina Senate Judiciary Committee Chairman across the aisle to do whatever is necessary to find every Larry Martin told TheGreenville News that although there neglected kit, test it, and bring rapists to justice,” Maloney are sometimes valid reasons for not submitting kits for said in a statement. “It is completely unacceptable that tests, lawmakers should consider whether a policy could sexual assault survivors are victimized again by our failure help with such decisions. to process DNA kits efficiently, especially when we have “Generally speaking, I come down on the side of collect- the tools to do so.” ing as much information as we can because it does help law The accumulation of untested kits at many agencies enforcement at a later time if there is a broader DNA base have persisted despite the success that testing programs for identification purposes,” he told the News, noting he have shown in places like Detroit, where a comprehensive plans to talk to law enforcement officials about the issue kit-testing initiative has identified 2,478 suspects — in- and perhaps form a subcommittee to study it. cluding 456 serial rapists as of June 30 — and 20 secured In Florida, state Rep. Janet Adkins said she is drafting convictions. a bill that would require sexual assault kits to be sent for “We aren’t afraid to look in the mirror and see perhaps testing within 21 days following a First Coast News report that we could have done something better,” said Wood, the revealing at least 2,000 sexual assault kits have not been Leon County sheriff, “and there may very well be a piece of tested in the Jacksonville, Fla., area. evidence here that will help someone that we didn’t help “My reaction was one of anger. It was one of disbelief. when we could have.” How could this happen?,” Adkins said. “You have the ex- pectation that when a test is done, when a rape test is done, Contributing: Leah Durain, 12News; Mark Walker and John that somebody will do something with it.” Hult, Argus Leader; Katrease Stafford, Detroit Free Press; Clark In South Dakota, where there are no state laws stipulat- Fouraker, First Coast News; Tim Smith, The Greenville News; ing when a sexual-assault kit should be tested, officials told Steven Porter, Journal & Courier; Jennifer Portman, Tallahassee the Argus Leader they will consider reviewing the issue. Democrat; Keegan Kyle, Gannett Wisconsin Media