nij sak project summary--bwjp webinar--draft 9 …2015/10/05 · 15 weeks to complete 2,365 staff...

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The Detroit Sexual Assault Kit Action Research Project

Rebecca Campbell, PhDKimberly Hurst, PA-C

Project Goals

Assess SCOPE of the problem

Study underlying CAUSES why this happened

Develop & evaluate TESTING PLAN

Develop & evaluate VICTIM NOTIFICATION PLAN

Share LESSONS LEARNED

DISCOVERY

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On September 25, 2008, the Detroit Police

Department Crime Lab was closed by state

officials due to high error rate in ballistics

testing and broader systemic concerns about

crime scene evidence processing . . .

The Michigan State Police Forensic Science

Division assumed responsibility for testing

Detroit’s crime scene evidence . . .

As part of local, county, and state-level efforts

to assess fall-out of the closure of the lab . . .

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In August, 2009 representatives from the

Wayne County Prosecutors Office and the

Michigan State Police were invited to tour a

Detroit Police Department property storage

facility . . .

“We’re walking through, I see these like steel shelving units with boxes and I say, ‘What are those?’ They said, ‘Those are rape kits.’ I said, ‘Rape kits! What are all these rape kits doing here?’ I estimated . . . 10,000 or more.

And [I asked], ‘Are they tested or untested?’ And the officers [said], ‘I don’t know.’”

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09/ 24/ 2009

Concern over Detroit police handling of rape kits

DETROIT — Wayne County Prosecutor Kym Worthy wants an independent investigation into what she says may be thousands of kits holding evidence of possible sexual assaults that were found in a Detroit Police Department evidence storage facility.

In a Sept. 8 letter to Police Chief Warren Evans, Worthy said there may be more than 10,000 so-called rape kits and hundreds of other pieces of evidence warehoused, unanalyzed, in a police "overflow property room." The situation raises fears that cases could be affected if the evidence is challenged in court, Worthy said.

09/ 24/ 2009

Concern over Detroit police handling of rape kits

DETROIT — Wayne County Prosecutor Kym Worthy wants an independent investigation into what she says may be thousands of kits holding evidence of possible sexual assaults that were found in a Detroit Police Department evidence storage facility.

In a Sept. 8 letter to Police Chief Warren Evans, Worthy said there may be more than 10,000 so-called rape kits and hundreds of other pieces of evidence warehoused, unanalyzed, in a police "overflow property room." The situation raises fears that cases could be affected if the evidence is challenged in court, Worthy said.

SCOPE OF THE PROBLEMA Census of SAKs in Police Property

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HOW CAN YOU NOT KNOW?

POLICE PROPERTY DATABASE

TESTING DATABASE??

???

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POLICE PROPERTY DATABASE

TESTING DATABASE??

???How complete & accurate?

How complete & accurate?

Pulled each and every kit out of police property and counted them ONE BY ONE

Conducting a Manual Census Maintaining chain of evidence critical

WHO could participate in census limited

Census activities monitored at all times

Space, personnel, technology to conduct census

What information to collect during the census

TENSION among stakeholders

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Conducting a Manual Census Maintaining chain of evidence critical

WHO could participate in census limited

Census activities monitored at all times

Space, personnel, technology to conduct census

What information to collect during the census

TENSION among stakeholders

15 WEEKSto complete

2,365 staff hoursto complete

11,303 SAKs

11,303 SAKs

1980 200930 YEARS

PEDIATRIC PATIENTS

ADOLESCENT PATIENTS

ADULT PATIENTS

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11,303 SAKsCounted in the Census

2,512had lab numbers

8,707 never submitted to lab

11,219 SAKsTesting Status To Be Determined

- Minus 84 SAKs





- Minus 84 SAKs





- Minus 84 SAKs

HOW DOES THIS HAPPEN?!

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UNDERLYING CAUSESHow and Why Did This Happen?

A Systemic Approach

A Systemic Approach

Problem rooted in long-standing relationships within and between

organizations

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POLICE CRIME LAB

POLICE

PROSECUTION

CRIME LAB

POLICE

MEDICAL

CRIME LAB

PROSECUTION

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POLICE

MEDICAL

SURVIVOR

CRIME LAB

Seek Exam

ReportAssault

PROSECUTION

POLICE

MEDICAL

ADVOCACY

SURVIVOR

CRIME LAB

Seek Exam

ReportAssault

Provides Support

PROSECUTION

POLICE

MEDICAL

ADVOCACY

SURVIVOR

CRIME LAB

Seek Exam

ReportAssault

Provides Support

Social Change

PROSECUTION

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POLICE

POLICE

Disbelief & Victim Blaming Among Law Enforcement

POLICE


“It’s not rape, it’s a deal gone

bad

“What did she expect? Being

with him?”

“She’s lying to cover up

something”

“She’s not acting like a real victim”

“This is a he-said, she-said

thing”

“Why was she there in the first

place?”

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POLICE


“It’s not rape, it’s a deal gone

bad

“What did she expect? Being

with him?”

“She’s lying to cover up

something”

“She’s not acting like a real victim”

“This is a he-said, she-said

thing”

“Why was she there in the first

place?”

X

X X

X

X X

TRAINING

EDUCATION

SUPERVISION

POLICE CRIME LAB

No Policy or Protocol Regarding Kit Testing

PROSECUTION

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POLICE CRIME LAB

No Policy or Protocol Regarding Kit Testing

Who DecidesWhether a Kit

Will Be Tested?

PROSECUTION

POLICE CRIME LAB

Drastic Reductions in Personnel Over Time

PROSECUTION

POLICE CRIME LAB


Two DNA Scientists

PROSECUTION

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POLICE CRIME LAB


50% Reduction

Two DNA Scientists

PROSECUTION

POLICE CRIME LAB


50% Reduction

Two DNA Scientists

PROSECUTION

TWICE

POLICE CRIME LAB


50% Reduction

Two DNA Scientists

No Specialized

Unit

TWICE

PROSECUTION

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POLICE CRIME LAB

Numerous Changes in Leadership and Supervision

PROSECUTION

POLICE CRIME LAB


Nine Chiefs Over 20 YearsFive Chiefs < 3 YearsAverage Tenure = 2.2 Years

PROSECUTION

POLICE CRIME LAB


Nine Chiefs Over 20 YearsFive Chiefs < 3 YearsAverage Tenure = 2.2 Years

Nationally

Average Tenure for Chiefs in Metropolitan Cities = 3.5 - 4.5 years

Average Tenure for Chiefs in Jurisdictions Over 500,000 = 5 years

PROSECUTION

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POLICE

MEDICAL

CRIME LAB

Good Quality Medical Forensic Exams Were Not Available Until 2006

PROSECUTION

POLICE

MEDICAL

CRIME LAB

Good Quality Medical Forensic Exams Were Not Available Until 2006

Forensic Adequacy ??

Good Patient Care ??

PROSECUTION

POLICE

MEDICAL

CRIME LAB

AFTERSANE Program Established

Police significantly more likely to submit SAKs for testing

PROSECUTION

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POLICE

MEDICAL

ADVOCACY

SURVIVOR

CRIME LAB

Community-Based Advocacy Services ~ Non-Existent

PROSECUTION

POLICE

MEDICAL

ADVOCACY

SURVIVOR

CRIME LAB

Community-Based Advocacy Services ~ Non-Existent

ONE ADVOCATE

PROSECUTION

POLICE

MEDICAL

ADVOCACY

SURVIVOR

CRIME LAB

WHERE DOES THAT LEAVE SURVIVORS?

PROSECUTION

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SURVIVOR

WHERE DOES THAT LEAVE SURVIVORS?

Victim blaming beliefs & behaviors

No policy on SAK testing

Insufficient personnel

Instability in leadership

Lack of community-based advocacy

Strained relationships

RISK FACTORS

SAK TESTING PLANTest Some? Test All? How to Prioritize?

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- Minus 84 SAKs

DID NOT HAVE RESOURCES TO TEST ALL

Developing a Testing Plan

Did not have resources to test ALL SAKs in this research project

Stakeholders disagreed about whether ALL SAKs should be tested

National debate about whether policies should stipulate testing ALL SAKs

DNA only useful for stranger rapes

DNA pointless for non-stranger rape b/c identity is already known

If SOL-expired, testing not reasonable use of public funds

If CRTP, leave it alone, not good use funds

What’s the Debate?

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What’s the Debate?Strong evidence in prior studies and this action research project that “CRTP” designation is often unreliable and inaccurate representation of victims’ intentions and wishes.

Therefore, using CRTP as a basis for whether a SAK should be tested NOT a reasonable criterion










DNA is useful, so need to keep CODIS populated one person’s stranger is another person’s known friend, associate, partner


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Could testing show pattern of serial sexual offending?






Might not be SOL-expired, but if it is, evidence in other cases of prior bad acts (404b)


BUT WHAT IF A JURISDICTION CAN’T TEST ALL . . . .

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1,600 KITS

GROUP 1(450 SAKs)

Utility of Testing SAKs in

Stranger Rape Cases

GROUP 3(350 SAKs)

Utility of Testing SAKs in Older (SOL Expired)

Cases

GROUP 2(450 SAKs)

Utility of Testing SAKs in Non-

Stranger Rape Cases

GROUP 4(350 SAKs)

Comparison of DNA Testing

Methods

Each group addresses questions to inform future testing practices in Detroit and other communities

1,600 KITS

GROUP 1STRANGER(450 SAKs)

GROUP 3SOL-EXPIRED

(350 SAKs)

GROUP 2NON-STRANGER

(450 SAKs)

GROUP 4DNA METHOD

(350 SAKs)

CODIS HITS as the Outcome

(Not Investigations)

(Not Prosecutions)

(Not Victim Outcomes)

1,595Tested & Reviewed

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785 Profiles Entered Into CODIS


785 Profiles Entered Into CODIS785 / 1595

49% CODIS ENTRY RATE



455 CODIS Hits

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455 CODIS Hits455 / 1595

28.5%

455 / 785

58%

CODIS HIT

RATE



455 CODIS Hits455 / 1595

28.5%

455 / 785

58%

CODIS HIT

RATE

“Unconditional Probability”



455 CODIS Hits455 / 1595

28.5%

455 / 785

58%

CODIS HIT

RATE

“Conditional Probability”

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Statistical Models No significant difference between stranger &

non-stranger in CODIS Hit Rates

No significant difference between SOL-expired and unexpired in CODIS Hit Rates

No statistical justification to prioritize one over other, rates high in both

TEST ALL SAKs

VICTIM NOTIFICATIONDeveloping a Victim-Centered, Trauma-Informed Protocol

VICTIM NOTIFICATION raises complex

LEGAL ISSUES

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VICTIM NOTIFICATION raises complex

LEGAL ISSUES

and . . .

PSYCHOLOGICAL ISSUES

Psychologically . . . Re-activation of assault memories

Could trigger flashbacks and other symptoms

Could exacerbate PTSD and/or other MH

Could increase substance use/abuse

Could trigger substance abuse relapse

SOURCE: Garfinkel & Liberzon, 2009; Roozendaal et al., 2009; Rubin et al., 2008

Key Guiding Principles

Victim-Centered

Trauma-Informed

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“Victim Centered” The victim is at the center of all decisions

regarding recovery and any involvement with the criminal justice system

Victim’s choice, safety, & well-being is the focus

The needs of the victim are everyone’s concern and a collective effort (not just victim advocacy)

SOURCE: Sexual Violence Justice Institute (2008)

“Trauma Informed” Attending to victims’ emotional safety AND

physical safety

Strengthening victims’ capacity to recover with information, resources, services, and support

Educating victims, service providers, and the general community about the impact of trauma on survivors’ health and well-being.

SOURCE: National Center on Domestic Violence, Trauma & Mental Health (2011)

Two-Day Planning Retreat Senior leadership & front-line practitioners from all

disciplines draft protocol reflected principles

Research team created a planning guide

Key outcome Notification Review Team (NRT): local-level, front-line practitioners from police, prosecution, advocacy (both), medical/SANE

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DecisionTo Notify (CODIS Hit)

Attempt To Locate

FIRST CONTACT:In Person/PhoneBy Legal Investigator

SECOND CONTACT:In PersonLegal Investigator &Community-BasedAdvocate

Case-By-Case FlexibilityTo Be Responsive To Victims’ Needs

Victim-CenteredTrauma-Informed

GOALS:

Brief & SupportiveGive UpdateMake ApologyAsk for 2nd Contact

GOALS:

Supportive & Follow Victim’s LeadProvide InformationReview OptionsConnect to Resources & Services




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Attempt To LocateVictim-Centered

Trauma-Informed


Attempt To Locate



GOALS:



Attempt To Locate




GOALS:


GOALS:


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Attempt To Locate



Case-By-Case FlexibilityTo Be Responsive To Victims’ Needs


GOALS:


GOALS:


Most victims do NOT have strong negative reactions

Most victims DO decide to have continued contact

Victims age 16-24 are more likely to react negatively and less likely to engage further

Findings: Victim Notification

PROJECT IMPLICATIONS

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Recommendations: Assessing Scope

Resources for helping jurisdictions determine if they have a problem & “what next” help

Recommendations on SAK storage procedures and tracking SAKs thru entire process

IT needs are tremendous

NEED SUPPORT & TECHNICAL ASSISTANCE

Recommendations: Testing Pilot projects!! Start small! work thru logistics

(so ideology can meet reality)

“Pre screening” protocols deeply skeptical (especially based on CRTP designation)

Testing is the tip of the iceberg victim notification, investigation, prosecution, advocacy,

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Recommendations: Victim Notification

Pilot projects!! Start small!!

TRAINING (even if “we do this all the time”)

Sample protocols are helpful, but likely need to customize to local context/populations

TA, training, resources

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PROJECT SUCCESSES

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WHAT’S DIFFERENT NOW?

Improving communication & collaboration



Rebuilding personnel levels

Building up victim advocacy


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Testing all current SAKs

Testing all previously-untested SAKs







NEW LEGISLATION (PA 227) to test all SAKs released by victims for testing








Pilot SAK tracking project with UPS


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Pilot SAK tracking project with UPS


Thank You !!Please Stay Tuned . . .

nij sak project summary--bwjp webinar--draft 9 …2015/10/05 · 15 weeks to complete 2,365 staff...

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