Melissa Mourges Chief Forensic SciencesCold Case Unit New York County District Attorneys Office NY Region NYT Now New York Initiative to Help Other Cities Clear RapeKit Backlogs ID: 556596
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$35 Million Reasons to Test Your Backlog
Melissa MourgesChief, Forensic Sciences/Cold Case UnitNew York County District Attorney’s OfficeSlide2
N.Y. / Region
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NYT Now
New York Initiative to Help Other Cities Clear Rape-Kit Backlogs
Cyrus R. Vance Jr., the Manhattan district attorney, announced that his office had committed up to $35 million to eliminate a backlog of rape kits that await testing– deadline June 1st. Slide3
New York City’s Backlog Project
17,000 kits citywide:
1989
- 1998
Manhattan: 3,799Slide4
Why Test? POPULATE THE DATABASES!!
OCME couldn’t do them and keep up with new cases
OUTSOURCED
Bode
/Cellmark/ GeneScreenSwabs only/600 kits per monthOctober 2000 - April 2003Slide5
Lots of problems….Slide6
Forklift Approach
We tested everything: open cases, closed cases, stranger cases, acquaintance
cases, cases beyond the statute of limitationsSlide7
We pried police files from “secure storage” in the basement of the MSVS squadSlide8Slide9Slide10Slide11
Problem: Incomplete paperwork
Victim’s name = “Known to Department”
Solution: Contract labs Xerox front of rape kit for fileSlide12
A victim who undergoes rape kit collection expects that kit will be tested. Slide13
We test all the evidence in other types of cases
“Don’t bother to test these guns and drugs; we know who was in possession because we got them red-handed!”
NOT!Slide14
Many Benefits of Forklift Approach
Corroboration of all kinds:
Cases with Compromised VictimsSlide15
Confused or Elderly Victims
Victim #1: 56 year old woman, with slurred speech and history of alcohol abuse. Police thought she was intoxicated when she reported rape; in fact, she was a stroke victim. Case was unsolved.Slide16
Confused or Elderly Victims
Victim #2: Elderly “pigeon lady” who was attacked in elevator after feeding birds. Reported rape. Police suspected raped in retribution, because her grandchildren involved in drugs. Case was unsolved.Slide17
Cases matched each other, then CODIS hit to Carleton Evans.
Convicted after trial = 20 years.
Moral of the story: 2 is better than 1; gaps in victims’ memories less important with DNA evidenceSlide18
Sex Worker/Drug Addicted Victims
Victim #1: Prostitute reports john with butcher knife raped her. Case unsolved.
Victim #2: Prostitute reports john with butcher knife raped her. Case unsolved.
Victim #3: Addict reports man with butcher knife raped her during drug transaction. Case unsolved.Slide19
All cases match to same guy.
Convicted after trial = 25 to 100 years
Moral of the story: the rape of one prostitute may go unsolved; DNA may not prove a thing; but three victims makes a serial rapist and a compelling case.Slide20
Benefits of Forklift Approach:
“Date” Rapists
We linked several different
perps
in “date-rape”cases.Moral of the story: One drunk girl who wakes up confused about what happened is a shame; 2 or 3 with the same guy points to a predator. Slide21
Even When We Know WHO DID IT,
TESTING PROVIDES CORROBORATION!
Moral of the Story: Prosecutor still needs to prove the who, what, where, when and how, even in an acquaintance case. DNA helps!Slide22
Benefits of Forklift Approach:
Acquaintance Rape Solves Stranger RapeSlide23
Victim #1 reports rape by husband, then drops charges.
Victim #2 reports stranger rape; case unsolved.Case to case CODIS match; we know ID of assailant in the intimate partner case; stranger case is solved because the intimate partner kit was tested.
Moral of the story:
Testing kits with known assailants can solve other cases!Slide24
Benefits of Forklift Approach
Impact on current cases
Defendant had pleaded guilty to a Manhattan rape, and was begging judge for mercy.
He argued that this behavior was an
aberration, no record.Days before sentencing, we received CODIS hit to 5 other Manhattan cases and 2 Queens cases – all barred by SOL.Judge used this information to give maximum sentence.MORAL of the Story: TIMING IS EVERYTHING!Slide25
Benefits of Forklift Approach:
Detecting New Patterns
Serial rapists often go undetected- they move, change MO, learn from mistakes, escalate violence.
Recent NDIS hit from offender in Puerto Rico to 13 unsolved NYC home invasion/rapes: all barred by SOL.
Can provide the information to parole.
Manhattan:
11 rapes
Queens: 1 rape
Bronx: 1 rapeSlide26
Benefits of Forklift Approach:
Victims in time-barred cases write parole letters. Their voices are heard.
Moral of the Story: Even cases barred by the Statute of Limitations provide important evidence!Slide27
Tested in 2005, 1973 underpants matched to 23 cases in three states… from the 1980’s and 1990’sSlide28
Unexpected
Benefits of Forklift Approach
SOL outrage led to change in law in 2006.Large number of CODIS-eligible profiles
Success stories led legislature to expand convicted offender database.
NY now takes DNA from all convicted felons and all persons convicted of Penal Law misdemeanors.Slide29
Benefits of Forklift Approach:
EXONERATIONMichael Mercer was freed after 12 years when backlog testing using new technology identified Arthur Brown as the true rapist.Slide30
1405 Park Avenue, NYC
March 19, 1991Slide31
The 18 year-old victim got on the elevator. A man got on, too.
He pulled a gun, and forced her to the rooftop landing where he raped and robbed her.Slide32
She went to the hospital, where a rape kit was done.Slide33
The victim moves out for three months. When she returns, she sees Michael Mercer and identifies him as her rapist.Slide34
Rape kit proves negativeSlide35
Mercer was convicted and sentenced for rape
20½ to 41 yearsSlide36
Michael Mercer’s convicted offender profile entered CODIS in December, 2001
A profile from the victim’s rape kit was entered into CODIS in April, 2003.On May 14, 2003, Manhattan DA’s Office is notified by the OCME that the DNA profile from the victim’s rape kit matched convicted offender Arthur Brown.Slide37
Um, what?
What went wrong?Who’s Arthur Brown? A convicted rapist!We have a problem because Michael Mercer was convicted, NOT Arthur BrownSlide38
We found the victim on May 15, 2003
She had since become an NYPD police officerShowed her a photo array. She picked Arthur Brown
She fell apart. We arranged counseling.
What did we do?
Checked the convicted offender sample – no mix upExamined rape kit – all envelopes properly labeled Slide39
On May 16, 2003, detectives interviewed Arthur Brown in jail
He admitted to earlier robberies and rapes.He says he is “haunted” by what he had done.He refuses to discuss this case.Slide40
As best we could figure, the original serologist thought he tested all four swabs, but he had only tested three.
The backlog lab developed a profile from the fourth, untested swab.Slide41
On Monday, May 19, 2003, detectives drive Michael Mercer from state prison to Manhattan Supreme Court.
Mercer has no idea what’s going on.Slide42
DA makes motion to vacate judgment based on newly discovered evidence.
Mercer is a free man.Years Mercer served in prison: 12Days from cold hit to exoneration: 5Slide43
Disadvantages of Forklift Approach