Attorney General Mike DeWine : Sexual Assault Kit Commission 00:00:00 CAPTIONED BY THE NATIONAL CAPTIONING INSTITUTE

Transcription

1 Attorney General Mike DeWine : Sexual Assault Kit Commission 00:00:00 CAPTIONED BY THE NATIONAL CAPTIONING INSTITUTE

2 00:00: GOOD MORNING, EVERYONE. I WOULD LIKE TO BEGIN BY THANKING THE 11 MEMBERS OF THE SEXUAL ASSAULT KIT COMMISSION AS WELL AS STEVE SCHUMAKER WHO CHAIRED THE COMMISSION. WE ARE HERE TODAY TO ANNOUNCE A REVOLUTIONARY NEW POLICY WITH REGARD TO THE TESTING OF SEXUAL ASSAULT KITS IN THE STATE OF OHIO. THEY ARE EXTREMELY IMPORTANT. EACH ONE HAS INTRINSIC VALUE TO SOLVING CRIMES AND BRINGING JUSTICE TO VICTIMS. THEY CONTAIN ALL THE EVIDENCE TAKEN FROM THE VICTIM WHICH OFTEN INCLUDES INVALUABLE DNA INFORMATION FROM THE ASSAILANT. WHEN I WAS A COUNTY PROSECUTING ATTORNEY IN THE DAYS BEFORE DNA TESTING, IF THE VICTIM DID NOT KNOW THE ASSAILANT OR IF WE DID NOT GET LUCKY AND CATCH HIM AT THE SAME, IT WAS UNLIKELY THAT WE WOULD EVER BE ABLE TO CRIMINALLY PROSECUTE HIM. TODAY, WITH DNA TESTING, WE HAVE A GOOD CHANCE BECAUSE OF THIS DNA INFORMATION. WHEN A SEXUAL ASSAULT KIT IS TESTED AND WE GET DNA INFORMATION, IT GETS ENTERED INTO A NATIONAL DNA DATABASE. ONCE IT IS THERE, IT IS THEIR. WE HAVE IT FOREVER. A WOMAN WHO HAS BEEN SEXUALLY ASSAULTED -- WE WILL KNOW WHO DID IT. WE GET THE SEXUAL ASSAULT KIT AND PUT THE DNA IN THE DATABASE. 5 OR SIX YEARS DOWN THE ROAD, THE ASSAILANT GET PICKED UP FOR ANOTHER CRIME, NOW WE GOT HIM. IT DOES NOT MATTER HOW LONG AGO THAT SEXUAL ASSAULT OCCURRED. WE CAN CATCH HIM IN THE FUTURE BECAUSE WE ALREADY HAVE THE DNA IN THE SYSTEM AND WE CAN MAKE THAT MATCH. THE KEY IS GETTING THAT DNA. WE CAN GET IT BY TESTING SEXUAL ASSAULT KITS AND DEVELOPING A MORE ROBUST DATABASE THEN WE HAVE TO DATE. UP UNTIL NOW, A LOT OF SEXUAL ASSAULT KITS HAVE NOT BEEN SUBMITTED TO TESTING AND MANY SIT ON EVIDENCE SHELVES ACROSS THE STATE OF OHIO. WE NEED TO CHANGE THIS. DNA TESTING IS RELIABLE. THE SCIENCE IS MORE SOPHISTICATED THAN IT WAS MANY YEARS AGO. FURTHERMORE, THE JOB OF LAW ENFORCEMENT HAS EVOLVED AS SCIENCE HAS EVOLVED. THINKING SHOULD BE EVEN IF YOU DO NOT HAVE A DIRECT MATCH, THAT KIT STILL HAS VALUE AND NOT JUST FOR A CRIME COMMITTED TODAY BUT FOR ALL FUTURE CRIMES COMMITTED IN OHIO OR ANYWHERE IN THIS NATION. FURTHERMORE, IT HAS BECOME ABUNDANTLY CLEAR THEIR ARE SIGNIFICANT INCONSISTENCIES IN JURISDICTIONS ACROSS THE STATE OF OHIO DETERMINING WHETHER A KIT IS TESTED OR NOT TESTED. THAT SAME KIT, THAT SAME VICTIM, IF SHE LIVED IN A DIFFERENT JURISDICTION MIGHT NOT BE TESTED. THAT, I FIND, IS UNACCEPTABLE. I FELT IT WAS IMPORTANT AND NECESSARY THAT WE BRING TOGETHER EXPERTS TO TRY TO COME UP WITH A UNIFORM, BEST PRACTICES POLICY FOR THE TESTING OF THESE KITS. THE POLICY THAT YOU SEE BEFORE YOU TODAY IS A RESULT OF THAT WORK OF THIS GROUP. I AM VERY PLEASED TO ANNOUNCE THAT THE SEXUAL ALSO COMMISSION UNANIMOUSLY ADOPTED A RECOMMENDED SEXUAL ASSAULT KIT TESTING POLICY THAT SETS FORTH NEW STATEWIDE GUIDELINES FOR FUTURE CASES AS WELL AS NEW STATEWIDE GUIDELINES FOR OLD CASES. WHERE SEXUAL ASSAULT KITS HAVE BEEN SITTING ON SHELVES FOR MONTHS AND SOMETIMES YEARS. THIS NEW POLICY IS STRAIGHTFORWARD AND UNCOMPLICATED AND WILL BRING GREATER CONSISTENCY AND ACCOUNTABILITY TO THE SEXUAL ASSAULT KIT TESTING PROCESS. I STRONGLY URGE LAW-ENFORCEMENT TO SUBMIT KITS TO TESTING IF THEY BELIEVE A SEXUAL ASSAULT LIKELY OCCURRED. I RECOMMEND LAW ENFORCEMENT AGENCIES FORWARD IN THE BACKLOG KITS NOT PREVIOUSLY SUBMITTED. I ANTICIPATE THIS POLICY WILL INCREASE THE NUMBER OF SEXUAL ASSAULT KITS THAT ARE SUBMITTED TO BCI IN THE FUTURE. WE ESTIMATE THAT ONLY 50% OF KITS ARE CURRENTLY BEING SUBMITTED. UNDER THIS NEW POLICY, I WOULD ANTICIPATE THAT 90% OF THESE SEXUAL ASSAULT CASES WILL BE SUBMITTED. WE ARE COMMITTED TO DOING WHATEVER IT TAKES TO PROCESS THESE IN A TIMELY FASHION. I THINK IT IS SO IMPORTANT THAT WE ARE GOING TO COMMIT THE RESOURCES NECESSARY TO GET THIS JOB DONE. NOW, LET ME TALK ABOUT THE OLD SEXUAL ASSAULT KITS THAT HAVE NOT BEEN TESTED AND THAT ARE ON THE SHELVES HERE IN THE STATE OF OHIO. I BELIEVE THE SEXUAL ASSAULT KITS HAVE INTRINSIC VALUE IN SOLVING CRIMES AND PROTECTING VICTIMS. THEREFORE, I HAVE MADE A DECISION THAT WE WILL HIRE FOUR ADDITIONAL PEOPLE AT BCI WHO WILL WORK EXCLUSIVELY ON TESTING THESE OLD KITS. OUR HOPE IS TO TEST 1500 OUTSTANDING CASES THE FIRST YEAR AND 3000 EVERY YEAR THEREAFTER, AND DO THIS WITHOUT ANY DELAY TO CURRENT DNA

3 DEVOTE THEIR TIME EXCLUSIVELY TO THIS BACKLOG. THIS IS SOMETHING THAT I HAVE CARED ABOUT VERY DEEPLY FOR MANY, MANY YEARS. I SAID WHEN I WAS A COUNTY PROSECUTING ATTORNEY, SOME OF THE MOST DIFFICULT CASES WHERE THE RAPE CASES. I TOOK A LOT OF PRIDE IN OUR ABILITY TO PROSECUTE THESE CASES, BUT WE DID NOT HAVE THE ABILITY TO RETRIEVE DNA AND USE IT IN THOSE DAYS. WHEN I WAS IN THE UNITED STATES SENATE, I HELPED TO WRITE FEDERAL LEGISLATION AND SECURE FUNDING TO HELP TEST THE BACKLOG. THESE BACKLOG KITS ARE IMPORTANT AND NEED TO BE ENTERED INTO THE SYSTEM. PRESUMING A KIT WILL BE TESTED WHEN A SEXUAL ASSAULT LIKELY HAS OCCURRED IS GOOD PUBLIC POLICY THAT HELPS VICTIMS, PROTECTS CITIZENS, AND ASSISTS THE ENTIRE LAW-ENFORCEMENT COMMUNITY. SEX OFFENDER DNA WILL BE UPLOADED IN THE DATABASE. AND IT MAY LINK PREVIOUSLY UNIDENTIFIED OFFENDERS TO UNSOLVED CRIMES ACROSS STATE LINES. WE WANT TO ASSURE THAT VICTIMS OF SEXUAL ASSAULT AND THEIR CASES WILL NOT BE FORGOTTEN. WE ARE DETERMINED TO BRING THESE RAPISTS TO JUSTICE. I WILL BE HAPPY TO RESPOND TO 00:08:29 ANY QUESTIONS. WHAT DO YOU THINK THE BACKLOG IS GOING TO BE? HOW MANY ARE OUT THERE? 00:08:36 WE SIMPLY DO NOT KNOW. WE HAVE NO WAY OF KNOWING. WE ALREADY STARTED RECEIVING BACKLOG KITS FROM CUYAHOGA COUNTY. DO WE KNOW THE TOTAL? 2000 FROM CUYAHOGA COUNTY ALONE. THAT HAVE ALREADY STARTED TO SEND THEIRS TO US. WE JUST DO NOT KNOW. IS IT DIFFICULT -- IT IS A DIFFICULT THING TO DETERMINE BECAUSE WE KNOW HOW MANY RAPE KITS WENT OUT AND CAME BACK. WHAT WE DO NOT KNOW IS HOW MANY WERE NEVER USED AT ALL. SO IT IS DIFFICULT FRANKLY TO DETERMINE WHAT THAT BACKLOG IS. 00:09:29 WHAT IS THE COST OF THE NEW UNIT? 00:09:37 WE HAVE FOUR PEOPLE WHO ARE GOING TO BE IN THIS UNIT. TOM CAN GET YOU THE FIGURES LATER TODAY OF WHAT THAT WILL COST. THIS IS A BRAND NEW UNIT. THESE INDIVIDUALS HAVE TO BE TRAINED. THUS, YOU HAVE 1500 THE FIRST YEAR AND THEN WE WILL PICK IT UP TO 3000 EVERY YEAR THEREAFTER. SO, I MADE A DECISION TO DO THIS IN THIS WAY BECAUSE CANDIDLY I WAS CONCERNED THAT YOU WOULD NEVER GET THE BACKLOG IF YOU DID NOT THROW THEM ALL IN TOGETHER. WE HAVE TO WORK ON THE BACKLOG DURING THE SAME TIME WE ARE DEALING WITH CURRENT CASES. 00:10:31 HOW FAR BACK AS A COKE? -- HOW FAR BACK DOES IT GO? 00:10:39 [INAUDIBLE] IT COULD BE THE EARLY 1990'S. 00:10:46 DOES SOEM OF THIS COME OUT BECAUSE OF THE FACT -- 00:10:54 YES, I THINK THAT CLEARLY GOT EVERYONE'S ATTENTION. WITHOUT GOING THROUGH ALL THE FACTS, I THINK THAT CASE DEMONSTRATES THAT YOU WANT THIS INFORMATION EVEN IF YOU DO NOT KNOW HOW TO USE IT. YOU WANT THIS INFORMATION EVEN IF YOU DO NOT NECESSARILY HAVE A LINKAGE TO LINK IT UP BECAUSE IN THE FUTURE YOU MAY BE ABLE TO LINK IT UP. WE HAVE MADE GREAT STRIDES IN THIS COUNTRY AND IN THIS STATE TO GETTING DNA PROFILES INTO A NATIONAL DATABASE. SAID THE TESTING OF THESE KITS, WHILE THEY MAY NOT LEAD EACH ONE TO AN ARREST IMMEDIATELY, IT ADDS TO OUR KNOWLEDGE AND ABILITY TO SOLVE CRIMES IN THE FUTURE AND ADDS TO THE ABILITY OF KEEPING SEX OFFENDERS OFF THE STREETS. 00:11:56 MR. COHEN, YOU ARE LATE. [INAUDIBLE] 00:12:03 THIS SEXUAL ASSAULT COMMISSION MOVES VERY QUICKLY.

4 00:12:11 WHAT IS THERE JUSTIFICATION? WE ARE NOT IN ANY WAY BEING CRITICAL OF POLICE OFFICERS OR AGENCIES. THEY HAVE A LOT OF BUDGETARY PROBLEMS. THERE WERE MANY REASONS FOR THE DIFFERENT DECISIONS. YOU REALLY WOULD HAVE TO TALK TO THESE AGENCIES. THERE HAS NEVER BEEN CLEAR-CUT GUIDELINES IN THE STATE OF OHIO. IN SOME CASES, PEOPLE VERY UNDERSTANDABLY FEEL IF WE CANNOT MAKE AN IMMEDIATE CONNECTION, YOU KNOW, WE SHOULD NOT DO THIS. THIS COMMISSION LOOKED AT THAT ATTITUDE AND THIS COMMISSION BASICALLY SAID UNLESS WE HAVE A SITUATION WHERE THE LAW ENFORCEMENT AGENCIES OR AGENCY DOES NOT THINK A CRIME WAS COMMITTED OR IF THERE WAS REALLY AN ASSAULT, WE SHOULD TEST IT BECAUSE THIS IS VOLLEYBALL EVIDENCE AND VERY IMPORTANT. -- BECAUSE THIS IS VALUABLE EVIDENCE AND VERY IMPORTANT. THIS IS A FAIRLY DRAMATIC CHANGE IN POLICY IN THE STATE OF OHIO. IT WILL BE UP TO EACH JURISDICTION WHAT THEY DO WITH THIS, BUT MY JOB IS TO TRY TO SET THE RIGHT STANDARDS. I DID NOT JUST MAKE IT UP. WE DID IT WITH A COMMISSION THAT HAD THAT EXPERIENCE IN THIS AREA AND CAME BACK UNANIMOUSLY WITH THIS RESOLUTION. MY JOB IS TO MAKE IT POSSIBLE FOR LOCAL LAW-ENFORCEMENT AGENCIES TO SUBMIT A. -- SUBMIT IT. WE ARE SAYING BRING THEM TO BCI. 00:14:04 WE WILL PROCESS THEM. WHAT WILL BE THE FALLOUT? 00:14:10 WE ARE PROBABLY GOING TO JUMP FROM 1000 SUBMISSIONS AT BCI EVERY YEAR, TALKING ABOUT FUTURE CASES, 1000 EVERY YEAR TO :14:32 WHAT WILL THAT MEAN IN TERMS OF -- WILL MORE PEOPLE BE 00:14:37 INDICTED? IT IS GOING TO MEAN THAT VICTIM WILL HAVE THEIR RAPE KIT TESTED AND BE ASSURED WE ARE DOING EVERYTHING AS A SOCIETY TO CATCH THEIR ASSAILANT. EVEN IF WE CANNOT GET THEM TODAY, WE WILL BE ABLE TO CATCH THEM FIVE YEARS FROM NOW BECAUSE OF THAT KIT TESTED TODAY. THIS IS ABOUT JUSTICE FOR VICTIMS. THIS IS ABOUT DOING WHAT IS RIGHT. THIS IS ALL ABOUT LEAVING NO STONE UNTURNED TO GO AFTER SEXUAL -- THOSE PEOPLE WHO ARE SEXUAL PREDATORS. 00:15:25 AND IT IS THE RIGHT THING TO DO. JUST TO FOLLOW UP ON WHAT BILL WAS SAYING, WHEN A RAPE OCCURS, RAPE KIT TURNED IN -- IS IT THE COST OF THE SHERIFF'S DEPARTMENT TO TURN THAT KIT N? OR IS THE COST BORNE ON THE 00:15:51 STATE? WHAT WE ARE TALKING ABOUT IS THERE HAS BEEN A RAPE KIT ALREADY DONE. SO THERE IS NO ADDITIONAL COST TO LOCAL POLICE DEPARTMENTS OTHER THAN TRANSPORTING IT TO BCI. BUT WE TAKE THE BURDEN OF DOING THE TESTING. IT HAS ALWAYS BEEN OUR JOB TO DO THAT. WE ARE JUST SAYING A CHANGE IN POLICY. WE ARE GOING TO GET A LOT MORE. WE ARE ESTIMATING THE THE NUMBERS. WE THINK, BASED ON ALL OF THE EVIDENCE THAT WE HAVE, IT IS GOING TO INCREASE ALMOST DOUBLE. 00:16:36 HOW DO YOU ADDRESS ABOUT THESE STATISTICS OF THE VICTIMS OF SEXUAL ASSAULT WHO ARE AFRAID TO COME FORWARD AND DO THIS KIT. IS THERE ANY EDUCATION THAT IT WILL BE DONE IN THE DEPARTMENT 00:16:53 TO ENCOURAGE -- ONE OF THE THINGS THAT WE DO AT OPOTA -- WE HAVE A ROBUST EFFORT TO ASSIST LAW ENFORCEMENT AND TO WORK WITH LAW ENFORCEMENT. CANDIDLY, THIS IS SOMETHING THAT HAS EVOLVED OVER THE YEARS. WHEN I WAS A PROSECUTING ATTORNEY, SOCIETY DID NOT DO A GOOD JOB HELPING VICTIMS. VICTIMS WERE HELPED ON AN AD HOC BASIS. WE WOULD WORK WITH RAPE VICTIMS. I KNOW PEOPLE FELL THROUGH THE CRACKS AND IT WAS NOT A SYSTEMATIC PROCESS. TODAY, WE HAVE A MUCH BETTER SYSTEM. A LOT OF THESE ARE FUNDED THROUGH THE ATTORNEYS GENERAL OFFICE. IT IS SOMETHING THAT WE ARE DEEPLY COMMITTED TO. 00:17:48 YOU HAVE 1000 NOW, THINKING IT WILL DOUBLE TO 2000 PLUS THE UNKNOWN SIDE OF THE BACKLOG. [INAUDIBLE]

5 00:18:01 YOU ALWAYS HAVE TO HAVE HUMAN BEINGS. ONE OF THE THINGS THAT HAS OCCURRED AT BCI, IT IS GOING TO SIGNIFICANTLY SPEED UP THE WHOLE PROCESS. THAT IS A SIGNIFICANT CHANGE. BUT IT IS GOING TO TAKE PEOPLE. EVERY PERSON COSTS X NUMBER OF DOLLARS. WE COULD PROBABLY GIVE YOU TODAY THE ESTIMATED COST PER RAPE KIT. NO REASON WE COULD NOT COME UP WITH THAT FIGURE BASED ON HOW FAST YOU GUYS COME UP WITH. OK. WE CAN DO THAT. 00:18:51 IN TERMS OF MAKING THIS POLICY STRONGER, [INAUDIBLE] 00:19:00 WELL, I'D LIKE TO ALWAYS TRY IT WITHOUT DOING THAT AND SEEING HOW IT WORKS. WHAT THE RESULTS WILL BE, WE DON'T KNOW. BUT I THINK BY MAKING A CLEAR TO LAW ENFORCEMENT, ALL YOU HAVE TO DO IS GIVE THESE KITS TO US AND THERE IS NO COST TO YOU, I THINK LAW ENFORCEMENT WILL WANT TO DO IT.BEEN GOING SO I THINK WE WILL ACHIEVE WHAT WE WANT TO ACHIEVE WITHOUT ANY ADDITIONAL LEGISLATION. LET ME JUST AGAIN STATE THAT REASONABLE PEOPLE HAVE HAD DIFFERENT POINTS OF VIEW ABOUT WHAT RAPE KITS NEED TO BE SUBMITTED. WE ARE NOT IN ANY WAY BEING CRITICAL OF WHAT HAPPENED IN THE PAST. AS FAR AS THE FUTURE, NO, THERE ARE NO REPERCUSSIONS. I THINK ONCE YOU HAVE A AGREED UPON GOLD STANDARD, THE PROPER WAY TO DO SOMETHING, I THINK MOST LAW-ENFORCEMENT AGENCIES WILL FOLLOW THAT PARTICULARLY WHEN THE ATTORNEY GENERAL IS SAYING BRING THEM TO US AND THERE IS NO COST TO YOU. 00:20:41 THERE IS NO COST AND THERE HAS NOT BEEN A COST. 00:20:47 WHAT IS THE DOWNSIDE? LET ME ASK SOME OF MY EXPERTS. COME ON AND IDENTIFY YOURSELF. 00:21:05 YOU HAVE TO STAND OVER HERE. STEVE SCHUMAKER. I THINK ONE OF THE THINGS WITH LOCAL AGENCIES, THEY WERE ATTEMPTING TO BE VERY ACCOMMODATING TO THE LAB. THEY REALIZED IN THE PAST WITH TURNAROUND TIMES AND SO FORTH, THERE WAS THE POTENTIAL OF SLOWING DOWN THE PROCESS FOR HIGHER PRIORITY KITS THAT WERE SUBMITTED. THE ATTORNEY GENERAL HAS INCREASED THE RESOURCES AT BCI TO MAKE THIS A PRIORITY WHERE WE CAN TAKE THIS ON WITHOUT SLOWING 00:21:39 THINGS DOWN. HALF OF THE RAPE KITS HAVE NOT BEEN SUBMITTED TO BCI. THEY HAVE BEEN SUBMITTED TO OTHER CRIME LABS. WE ARE NOT THE ONLY CRIME LAB IN THE STATE OF OHIO. THERE ARE SOME DEPARTMENTS THAT DO NOT ROUTINELY SEND THINGS TO BCI. SO THEY MIGHT BE SENDING THEM TO CLEVELAND FOR EXAMPLE TO THEIR OWN CRIME LOUD. THAT WAS A DECISION BETWEEN THE CRIME LAB, CLEVELAND, AND CLEVELAND COUNTY. CURRENTLY, WE GET ABOUT HALF OF THE KITS THAT COME IN. WE ARE SAYING WE WILL TAKE THEM ALL. IT IS A DIFFERENT. IT REMOVES THE ECONOMIC PROBLEM THAT WAS A VERY REAL PROBLEM. I THINK THERE WAS A FEELING THAT IN SOME CASES, THE VALUE WAS NOT AS HIGH AS SOME OTHER CASES AND THAT IS TRUE. BUT IF YOU ARE SERIOUS ABOUT GOING AFTER THIS, YOU HAVE TO DO VIRTUALLY ALL OF THEM IN MY OPINION. THE ONLY CASES THAT WE ARE RECOMMENDING THAT NOT BE SUBMITTED WOULD BE A CASE WHERE IT IS CLEAR TO LOCAL LAW ENFORCEMENT THAT DESPITE WHAT THEY THOUGHT INITIALLY, THIS WAS NOT A CRIME. THIS WAS NOT A SEXUAL ASSAULT. WE CAN ALL DREAM UP OUR OWN SCENARIOS OF WHAT THAT WOULD BE. THAT WOULD BE UNJUST TO PUT THAT DNA IN THE DATABASE. IT WOULD NOT BE THE RIGHT THING 00:23:26 TO DO. SO YOU DO NOT BELIEVE THE LOW NUMBER SUBMITTED IS NOT BECAUSE OF THE ACCUSATIONS OF THE

6 00:23:43 ALLEGED CRIME VICTIMS. NO. NO ONE SHOULD MISINTERPRET THIS ABOUT WHAT LAW ENFORCEMENT HAS DONE IN THE PAST. THERE HAVE BEEN DIFFERENT POINTS OF VIEW ABOUT IT AND EVERYONE HAS A DIFFERENT ATTITUDE ABOUT THE VALUE OF DIFFERENT THINGS. THE OLD WAY OF LOOKING AT THINGS WAS IF WE DID NOT THINK WE COULD LINK UP A SUSPECT, WHY SOME GET IT? WE NOW KNOW BETTER THAN THAT. WE NOW KNOW WE NEED THIS INFORMATION IN THE DATABASE. IF WE REALLY THINK THERE WAS A CRIME SEMITIC, GET IT IN THE DATABASE. THE ONE THING WE KNOW ABOUT SEX OFFENDERS IS THEY ARE GOING TO DO IT AGAIN AND AGAIN AND AGAIN. WE GET IT IN THE DATABASE, WE WILL CATCH THE GUY. WHO ELSE? ALL RIGHT. THAN KYOU ALL. CAPTIONED BY THE NATIONAL CAPTIONING INSTITUTE -- Transcripts are from uncorrected captions