The National Center for Victims of Crime is pleased to provide the slides used in our Webinar, Stopping Rapists in Ohio By Testing Sexual Assault

Transcription

1 The National Center for Victims of Crime is pleased to provide the slides used in our Webinar, Stopping Rapists in Ohio By Testing Sexual Assault Kits. Please be advised that these materials are provided through the generosity of our presenter faculty. All copyright laws apply to the proper use and crediting of these materials.

2 Innovations in DNA Webinar Series Presented by The National Center for Victims of Crime with support from our partner Thermo Fisher Scientific Moderated by Ilse Knecht Director DNA Resource Center VictimsofCrime.org/DNA

3 Stopping Rapists in Ohio By Testing Sexual Assault Kits (SAKs) Presented by: Rick Bell Criminal Investigations Division Chief Nicole DiSanto Special Investigator Cold Case/CODIS Unit Cuyahoga County Prosecutor s Office

4 Webinar Tips All attendees are in listen only mode Questions may be submitted at any time during the presentation. Use the question and answer box on the right side panel. Today s audio is streaming over your computer speakers. For technical assistance, call WebEx support at or use the Q & A box and one of our staff will assist you.

5 DNA Resource Center Thanks to Thermo Fisher Scientific for their continued support or our DNA Resource Center!

6 DNA Resource Center Maximize the potential of DNA technology to SOLVE and PREVENT crime

7 DNA Resource Center

8 RKAP Partnership

9 The Rape Kit Action Project: To advocate for progressive state policies that require timely submission and analysis of untested sexual assault evidence kits, and to encourage programs that ensure accountability for sexual assault evidence kit submission.

10 DNA Resource Center VictimsofCrime.org/DNA Resources on using forensic DNA including sexual assault kit backlogs; taking DNA upon arrest; and more *More than 30 archived webinars *Sample victim notification policies *Statutes and legislation *Statutes of Limitations chart

11 Thank you! Ilse

12 CUYAHOGA COUNTY PROSECUTOR S OFFICE

13 Cleveland Cuyahoga County

14 Cleveland, Ohio The Justice Center BCI State Laboratory Richfield, Ohio

15 Cuyahoga County Prosecutor s Office

16 SAK Task Force Office

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19 Max Martin Mary Weston Denise Salerno

20 Nicole DiSanto Tim Clark Sahir Hasan Ken Riolo Dshaun Thompson

21 Dan Clark Ferrell Ridgeway David Taylor Allen Henderson William Jelenic

22 Marya Simmons, Supervisor Janine Deccola

23 Linda Quinn Paralegal Tony Sustarsic Intake Officer

24 Lt. James McPike Traci Hill Sharon Johnson Jack Lent Karl Lessmann

25 Matthew Bilak Patti Siefer SAK TASK FORCE (BCI) Bureau of Criminal Investigation Dennis Sweet Lead Investigator Stacey Fifer Patti Stipek Andrea Javor Analyst Funds for 6 additional agents

26 Creating the SAK Task Force January, 2013

27 Analysis and Recommendation James McNamara Behavioral Analyst F.B.I.

28 Hiring Victim Advocates Victim Meeting Rooms The hiring of 3 CCPO Investigators The hiring of 3 Cold Case Unit Prosecutors The hiring of Project Manager Creation of an Intake Officer and Process Utilizing Electronic Case Management Scanning all Detective s Files Verbal Agreement with Attorney General 4 Investigators Agreement with BCI Lab to test oldest cases first Agreement with BCI Lab to squeeze the middle Submission of all East Cleveland Rape Kits 3 days Contract with Cleveland Police Department Hiring 4 temporary Evidence Prep Technicians Creating a Victim Notification Protocol Referral Protocol with Cleveland Rape Crisis

29 INITIAL PROJECTION TO COMPLETE PROJECT 4,000 Rape Kits Submitted by CPD 50% = 2,000 Developed DNA Profile % 200 cases per Investigator 10 Investigators

30 40 Cases per year Per Investigator 5 years to complete project

31 Current Projection to complete SAK TASK FORCE -- PROJECTIONS REPORT - 12/2/2014 Investigator Start Date Today Months Completed Invests Completed Invests per Month Nicole DiSanto 3/1/13 12/2/ Tim Clark 3/1/13 12/2/ Patti Stipek 8/1/13 12/2/ Sharon Johnson 9/1/13 12/2/ Matt Bilak 9/1/13 12/2/ Sahir Hasan 10/1/13 12/2/ Karl Lessmann 10/15/13 12/2/ Traci Hill 11/1/13 12/2/ Jack Lent 2/1/14 12/2/ Ken Riolo 6/15/14 12/2/ Dshaun Thompson 6/15/14 12/2/ Stacey Fifer 7/1/14 12/2/ TOTALS (Active Investigators) Past Investigators 3/1/13 12/2/ TOTALS (Including Past Investigators) Pace for 2013 for % % Yearly Average Investigators Estimated Invests Remaining Invests Years left End Date 12/6/18 2/24/18 11/11/17 8/12/17

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35 COSTS BASED ON NIH STUDY Tangible Intangible Costs Based on NIH study 2010 Murder Rape Assault Robbery Motor Vehicle Theft Burglary Theft Crime Victim Cost $ 737,517 $ 5,556 $ 8,700 $ 3,299 $ 6,114 $ 1,362 $480 Criminal Justice System Cost $ 392,352 $ 26,479 $ 8,641 $ 13,827 $ 3,867 $ 4,127 $4,127 Crime Career Cost $ 148,555 $ 9,212 $ 2,126 $ 4,272 $ 553 $ 681 $163 Subtotal $ 1,278,424 $ 41,247 $ 19,467 $ 21,398 $ 10,534 $ 6,170 $4,770 Pain and Suffering $ 8,442,000 $ 198,212 $ 13,435 $ 4,976 $ - $ - - Corrected Risk-of- Homicide Cost $ - $ 1,430 $ 81,588 $ 17,599 $ 262 $ 321 $10 Subtotal $ 8,442,000 $ 199,642 $ 95,023 $ 22,575 $ 262 $ 321 $10 Total $ 9,720,424 $ 240,889 $ 114,490 $ 43,973 $ 10,796 $ 6,491 $4,780

36 ECONOMIC HARM COSTS

37 COLD CASE UNIT Date Received CODIS PROJECT ASSIGNMENT DATE: TO: Investigator APA: Brian McDonough cc: Michael J. O Malley RE: CODIS Hit Assignment RMS # BCI# Date of Crime: Sexual Assault of Principal Suspect Please complete the above CODIS Investigation Assignment pursuant to the CODIS Investigation Protocol and this Grand Jury Presentment Checklist. 1. Review all reports in Justice Matters, run RMS Report 2. Run CCH for victim and suspect (determine if prosecuted) Date: 3. Run Accurint for victim and principal suspect location Date: 4. Locate victim and take statement (Grand Jury Subpoena if necessary) Date: Obtain signed HIPAA form Date: 5. Compile suspect photo array and comply with SB77 for the identification process Date: Shown by: 6. Obtain Medical Records (Grand Jury Subpoena or Search Warrant) Date Req. Date Rec d. 7. Obtain Search Warrant for Buccal Swab of suspect Date: 8. Obtain Buccal Swab of Suspect and Attempt interview of Suspect (Victim photograph) Date: 9. Submit Buccal Swab to BCI Date: 10. Obtain confirmation Lab Reports Date: 11. Establish chain of custody (obtain Medical, Personnel, BCI and Police Records such as SIU Reports and Property Logs) Date: 12. CCPO APA Charging Decision Date: Cold Case Unit Matters

38 The case against Randy Spivey

39 In January of 2013 Attorney General Mike DeWine s BCI Office provided a CODIS Match of a suspect s standard appearing in the rape kit of 2 victims. This standard tied together a 1993 rape and a 1996 rape of two separate victims as having been committed by the same offender.

40 VICTIM #1 Victim was age 13 at the time of the rape on April 21, She stayed home from school that day as she was not feeling well. Offender was the boyfriend of victim s mother and he had a key to the house. He entered the house along with his 4 yr. old son. Victim went into her mother s bedroom to get socks. Offender approached her from behind, grabbed her arms and slammed her down on the bed and punched her in the head. He put a pillow over her face, pulled off her clothes, unzipped his pants and got on top of her. He forced his penis into her vagina. Offender was distracted by his young son calling him and Victim was able to shove him off of her. She fled to a friend s house.

41 VICTIM #2 In 1996, an unknown male raped another victim who was walking home from a bar at E. 55 th and Broadway. Defendant pulled up to the victim in an auto and forced her into the car. He parked at an unknown location and raped the victim. Victim was hysterical and could not provide details of the incident.

42 The mother of victim #1 identified the suspect as being known by the name of Randy Spivey. We couldn t find a Randy Spivey.

43 All Spiveys whose first name began with an R within a mile radius of 2586 Central Avenue were identified using Accurint.

44 Two separate photo arrays of 6 possible suspects were created for the victim and her mother to view.

45 The Medical Examiner s Office was contacted requesting a search for information on deaths with the name of Spivey.

46 JOHN DOE INDICTMENTS

47 On 4/9/2013 CCPO Indicted John Doe #1

48 CODIS Hit to George Young June 18, 2013

49 Randy Spivey is George R. Young

50 ACQUITTED YEAR CRIME 1983 FELONIOUS ASSAULT 1984 FELONIOUS ASSAULT 2001 FELONIOUS ASSAULT 2003 FELONIOUS ASSAULT 2009 FELONIOUS ASSAULT

51 CONVICTED 3/21/2013 YEAR CRIME 2004 FELONIOUS ASSAULT

52 Cleveland/Lakewood Serial Rapist and Robbery

53 Cleveland Rape 9/2/14

54 Cleveland Rape 9/2/14 - Streetview

55 Cleveland Rape 9/2/14 Victim Jane Doe #5 DOB 9/9/67

56 Cleveland Rape 9/2/14 The victim routinely wakes up early, and walks/runs from her home to W. 70 th and Detroit Avenue, to Lake Avenue, down 104 th to Clifton Rd and west on Clifton Rd to Starbucks. The victim gets a coffee and returns home via the same route. On 9/2/2014 the victim left her house at approximately 5:00 a.m. and proceeded her normal route, while listening to her ipod Nano. The victim had just walked through the front parking lot of the Lake Edge Condominiums heading south on W. 104 th from Lake Avenue when she was struck on the head by an unknown male suspect. The male then pressed a gun to the victims head and dragged her between two cars, ordering her to lay flat. The male asked if she had any money while he searched her pockets and took her ipod Nano, all while the victim was screaming. The male forced her behind a dumpster and stated she would have to give him something else if she did not have any money on her. The male forced her to the rear of the building, where he forced the victim to her knees and forced his penis into the victim s mouth. The male then forced the victim up from the ground, placed a condom on his penis and proceeded to penetrate the victim anally. The male then forced the victim to walk one direction while he ran off in another. The male struck the victim in the head and face multiple times throughout the ordeal.

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58 Cleveland Rape Kit September 8, 2014 Negative

59 Search Warrant for Tower Dump reveals user at 5:22 a.m. right before the rape.

60 Uncle of Tyson Williams Was he our man?

61 At Prosecutors Direction, Prosecutors, Investigators, & Sheriff Deputies search for camera videos.

62 Surveillance Map Camera Locations

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68 Request for similar crimes in nearby cities.

69 Lakewood Rape 8/30/14 - Police Report

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71 Lakewood Rape 8/30/14 - Streetview

72 Lakewood Rape 8/30/14 Victim Jane Doe #2 DOB 11/24/1988

73 Lakewood Rape 8/30/14 Victim gets off work and arrives at her boyfriends house, 1590 Warren Rd., at approximately 4:48 a.m. As victim approaches the front steps of 1590 Warren Rd., she hears footsteps behind her and a light skinned black male, wearing a light colored shirt with dark three quarter sleeves, a baseball cap with a straight brim and jeans demands her money and points a pistol to the side of her head. The male dumps a bag in her possession onto the ground and realizes she has no money on her. The male then feels her vaginal area before digitally penetrating her anally. The victim tells the male she has money in her vehicle, parked on the street in front of 1588 Warren Rd., and will give him money if he stops touching her. The male then makes the victim feel his penis through his pants before he unzips them and pulls them down to his mid-thigh area. The male then forces the victim to perform oral sex on him for approximately two to three minutes. The male then demands that the victim find her keys and take him to her car, where he forces the victim to give him $ USD. The male takes the money and walks southbound on Warren Rd., jogs to the west side of the street and runs through the driveway of a house and out of sight. The victim immediately calls 911.

74 Lakewood Rape Kit Negative

75 Prosecutor request to test Cleveland & Lakewood clothes.

76 Positive Touch DNA on Cleveland Victim s sports bra

77 Cleveland Rape 9/2/14 - Suspect James Daniels

78 Lakewood Robbery 9/1/14

79 Lakewood Robbery 9/1/14 Police Report

80 Two victims shown photo array picked out Daniel

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82 Tyson Williams 2014 White Chevrolet Camaro Seen in Video

83 Interview of Uncle Tyson is alibied by Uncle s security system at 5:28 a.m.

84 Tyson arrested on marijuana charge. Jail calls show he dropped off his half brother Daniel

85 Lab results (2 tests) DNA from rape/robbery on victim s pockets is Daniel s.

86 Lakewood Rape 8/30/14 - Suspect James Daniel

87 Cleveland Rape 2/7/00

88 Cleveland Rape 2/7/00 - Police Report

89 Cleveland Rape 2/7/00 CODIS Hit 5/19/2014

90 Cleveland Rape 2/7/00 Victim was asleep in her home with her 4 children when she was awoken by the male suspect at 3:00 a.m. The suspect had pried off a wooden sheet covering a broken window to gain entry into the house. The suspect had several shirts wrapped around his face to conceal his identity. The victim stated that the suspect was a light skinned black male. The suspect put a knife to the victim s throat and demanded sex. The suspect also threatened the victim s children if she did not comply. The suspect refused to put on a condom and then inserted his penis into the victim s vagina from behind. After the suspect was finished he fled out of the kitchen doorway.

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97 DETROIT

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99 Lessons Learned Test all kits Educate police there are kits on the shelves not tested for DNA Identify one main goal realize new goals will emerge Gather a task force from varied disciplines Prosecutors/Police/Advocates/Laboratory/Administration Project Manager should be a prosecutor; have a lead investigator Create an investigation priority utilize a checklist Victim Advocate should be part of the notification process

100 Lessons Learned Encourage Rape Crisis counseling Task Force should meet weekly to exchange information Hire a strong support staff Plan for a safety net (assign prosecutor and investigator) Review negative DNA results as well More detectives are needed to accelerate

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