PUBLISHER'S NOTE: The alarming number of untested rape test kits of concern to this Blog for the obvious reason that it is grossly unfair to the alleged victims who have launched complaints - and because the tests could prove that an alleged perpetrator is innocent. We will be following this lawsuit with great interest.
Harold Levy; Publisher; The Charles Smith Blog;
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PUBLISHER'S NOTE: This post is part of a series I am running on DNA related issues. The issues in the series include flawed DNA tests (false positives really happen); opposition by prosecutors and appeal courts to post conviction testing (even after setting a date for execution); access to the source code for New York City’s proprietary DNA software, which some scientists and defense lawyers contend may be inaccurate in matching a defendant to a complex sample of genetic material; New York City's vast, ever-growing, unregulated DNA database that police are already using to connect suspects to evidence from crime scenes across the five boroughs; Untested rape kits. (Bad for victims; bad for innocent accused persons who could be exonerated by the DNA tests); Lots of grist for our mill.
Harold Levy: Publisher; The Charles Smith Blog.
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STORY: "Former Houston woman sues city, officials over 6,000 untested rape kits," by Gabrielle Banks, published by The Houston Chronicle on September 25, 2017.
SUBHEADING: "Claims her perpetrator could have been caught two decades before he raped her."
GIST: "A former Houston woman is suing the City of Houston and a
long list of current and former mayors and police chiefs for failing to
investigate a backlog of more than 6,000 untested rape kits, and not
identifying her attacker as a man who had been in a national police
database for decades. In one of several cases brought by victims against officials around
the country in recent years, the victim of a 2011 sexual assault in
Houston claims in a federal civil rights lawsuit this week that her
perpetrator could have been apprehended and prosecuted for earlier
crimes if officials had kept on top of the massive backlog of DNA
samples in the city's possession. DeJenay Beckwith, 35, who now lives in Milam County, contends
city officials failed to pursue a serial offender in her case, or
investigate rape kits for other victims, because they don't take women
or child victims seriously. She is seeking damages, saying city
officials violated her rights to due process and equal protection, and
officials illegally took her property and violated her personal privacy
and dignity under the Fourth Amendment. At a recent town hall meeting, Rep. Buddy
Carter said he would only test the backlogged rape kits in Georgia if
they were not from sanctuary cities, Jezebel reports. The class action status, if upheld by a judge, could presumably extend to other women or child victims whose rape kits were left untested during the backlog at the crime lab managed by the Houston Police Department, a topic the Houston Chronicle has reported on. "To not test the rape
kits of a serial rapist who also raped children is beyond
unconscionable," said Beckwith's lead attorney Randall Kallinen. "It
didn't take them long once they knew who he was." Mayor Sylvester Turner's spokesman, Alan Bernstein, referred a request for comment to the city's crime lab. Peter Stout, CEO and president of the Houston Forensic Science
Center, among more than a dozen officials named as defendants in the
suit, declined to comment on the pending lawsuit. However, Stout said in
a statement that the lab is "keenly aware" of how vital it is to
process sexual assault evidence in a timely fashion, noting that
untested rape kits are a nationwide problem. "Since taking over management of the Houston Police Department's
forensic operations in 2014, HFSC has eliminated legacy and incoming
backlogs of sexual assault evidence," he said. "A legacy backlog
inherited from HPD that dated back to the 1980s has been eliminated.
HFSC's goal is to have a sustainable, average 30-day turnaround time for
all evidence, including that which is related to sexual assault." He noted that the lab recently hosted a symposium on testing and
tracking sexual assault evidence promptly featuring state Rep. Donna
Howard, former state Sen. Wendy Davis and participants from Joyful Heart
Foundation, a nonprofit working toward ending the national rape kit
backlog. Joyful Heart cites Texas on its website as once having nearly 19,000
untested rape kits, more than any other state, although the foundation
notes the state has passed comprehensive reform efforts. As of Aug. 31
of this year, data maintained as a result of Texas law reports there are
2,138 untested kits submitted by 161 Texas law agencies. Houston tackled the backlog of rape kits in early 2013 under former
Mayor Annise Parker and ex-Chief Charles McClelland, drawing on $4
million in federal grants to outsource DNA testing with private forensic
labs. Parker led the initiative to remove the crime lab from HPD
management in April 2014 - although it remains in the HPD headquarters
building - after the creation of an independent city-funded lab now
overseen by civilian forensic experts. According to court documents, Beckwith met her assailant on April 2,
2011, when he pretended to be a mechanic and offered to fix her broken
down car. He asked to come inside her Southwest Houston home for a glass
of water. According to the lawsuit, he proceeded to throw her to the floor,
strike her repeatedly and rape her. She chased him on foot, and a
neighbor joined the chase, but he escaped in his car. A rape kit taken at Memorial Hermann Southwest as a result of her police report was taken to the city's crime lab. Beckwith's lawyers say the kit went untested for five years. During
that time, she got one phone call from a detective who wanted to know
what she was doing wandering on Bissonnet when she met her assailant,
implying she was a prostitute and saying, "These things happen." The detective discouraged her from filing a report, telling her it
was unlikely the suspect would be caught, according to the lawsuit. She next heard from Houston police in 2016, when they contacted her
to say they tested the DNA and they had a suspect. She later learned the
man's name was David Lee Cooper. Cooper had prior sexual assault
convictions, including one from 2002 involving minor child. His DNA had
been in the Combined DNA Index System, known as CODIS and managed by the
FBI, since 1991. Cooper also had convictions for burglary, theft, DWI and attempted kidnapping. Cooper was charged with rape in 1991 but the case was dismissed,
according to the lawsuit. In 1994, he was found not guilty in another
rape, but her lawsuit claims the facts of that case were similar to what
happened with Beckwith in 2011 and during an attempted kidnapping in
2005. On December 14, 2016, Cooper pleaded guilty to a 2002 sexual assault
of a child, a 2009 sexual assault and the 2011 sexual assault of
Beckwith. The federal lawsuit claims that if Houston officials had tested
Beckwith's and other victims' rape kit evidence in their possession and
entered it into CODIS, Cooper could have been apprehended before he
could rape and sexually assault Beckwith. Under former Mayor Annise Parker and ex-Chief Charles McClelland,
the crime lab was moved from the police department in April 2014 to an
independent city lab. The lawsuit was brought against Turner and his police chief Art
Acevedo, but it also names five former mayors going back to Kathy
Whitmire and six former police chiefs."
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c