Stopping Rapists in Ohio By Te - the National Center for Victims of

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“Stopping Rapists in Ohio By Testing Sexual Assault Kits.” Please be advised that these materials are
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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
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
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DNA Resource Center
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DNA Resource Center!
DNA Resource Center
Maximize the potential of DNA technology to SOLVE and
PREVENT
crime
DNA Resource Center
RKAP Partnership
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.
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
Thank you!
Ilse Knecht
646-620-5270
Iknecht@ncvc.org
@DNA_Answers
@everykitcounts
CUYAHOGA COUNTY PROSECUTOR’S OFFICE
Cleveland
Cuyahoga County
Cleveland, Ohio
The Justice Center
BCI State Laboratory
Richfield, Ohio
Cuyahoga County Prosecutor’s
Office
SAK Task Force Office
Max Martin
Mary Weston
Denise Salerno
Nicole DiSanto
Sahir Hasan
Tim Clark
Ken Riolo
Dshaun Thompson
Dan Clark
David Taylor
Ferrell Ridgeway
Allen Henderson
William Jelenic
Marya Simmons, Supervisor
Janine Deccola
Linda Quinn
Paralegal
Tony Sustarsic
Intake Officer
Lt. James McPike
Traci Hill
Sharon Johnson
Jack Lent
Karl Lessmann
Matthew Bilak
Patti Siefer
SAK TASK FORCE (BCI)
Bureau of Criminal Investigation
Dennis Sweet
Lead Investigator
Stacey Fifer
Andrea Javor
Analyst
Patti Stipek
Funds for 6 additional agents
Creating the SAK Task Force
January, 2013
Analysis and Recommendation
James McNamara –Behavioral Analyst F.B.I.
• 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
INITIAL PROJECTION TO COMPLETE PROJECT
4,000 Rape
Kits
• Submitted
by CPD
50% = 2,000
• Developed DNA
Profile %
200 cases per
Investigator
• 10 Investigators
40 Cases per year
• Per Investigator
5 years to complete
project
SAK TASK FORCE -- PROJECTIONS REPORT - 12/2/2014
Investigator
Current Projection to
complete
Start Date
Today
Nicole DiSanto
Tim Clark
Patti Stipek
Sharon Johnson
Matt Bilak
Sahir Hasan
Karl Lessmann
Traci Hill
Jack Lent
Ken Riolo
Dshaun Thompson
Stacey Fifer
TOTALS (Active Investigators)
Past Investigators
TOTALS (Including Past Investigators)
3/1/13
3/1/13
8/1/13
9/1/13
9/1/13
10/1/13
10/15/13
11/1/13
2/1/14
6/15/14
6/15/14
7/1/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
12/2/14
3/1/13
12/2/14
Pace
Yearly Average
for 2013
32
Investigators
12
384
Estimated Invests
2200
Years left
1541
4.01
End Date
12/6/18
Completed
Completed
Months
Invests per
Invests
Month
21
89
4.24
21
87
4.14
16
47
2.94
15
31
2.07
15
31
2.07
14
66
4.71
14
28
2.00
13
42
3.23
10
22
2.20
6
25
4.17
6
37
6.17
5
10
2.00
156
515
3.30
21
144
6.86
177
659
3.72
for 2014 2014 +10% 2014 +20%
40
44
48
476
523
Remaining Invests
1541
1541
3.23
2.95
2/24/18
11/11/17
571
1541
2.70
8/12/17
COSTS BASED ON NIH STUDY
Costs Based on NIH study 2010
Tangible
Intangible
Crime Victim Cost
Criminal Justice
System Cost
Crime Career Cost
Subtotal
Pain and Suffering
Corrected Risk-ofHomicide Cost
Subtotal
Total
Murder
Rape
$
737,517 $
$
$
$
$
392,352
148,555
1,278,424
8,442,000
$
$
$
$
$
$
$
- $
8,442,000 $
9,720,424 $
Motor
Vehicle
Assault
Robbery Theft
Burglary Theft
5,556 $
8,700 $ 3,299 $ 6,114 $ 1,362 $480
26,479
9,212
41,247
198,212
$
$
$
$
1,430 $
199,642 $
240,889 $
8,641
2,126
19,467
13,435
$ 13,827
$ 4,272
$ 21,398
$ 4,976
$ 3,867
$ 553
$ 10,534
$
-
$ 4,127 $4,127
$ 681 $163
$ 6,170 $4,770
$
- -
81,588 $ 17,599 $ 262 $ 321 $10
95,023 $ 22,575 $ 262 $ 321 $10
114,490 $ 43,973 $ 10,796 $ 6,491 $4,780
ECONOMIC HARM COSTS
COLD CASE UNIT
Date Received _________________
CODIS PROJECT ASSIGNMENT
TO:
DATE: ________________
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)
☐ 12. CCPO APA Charging Decision
Cold Case Unit Matters
Date: __________________________
Date: ________________________________
The case against Randy
Spivey
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.
VICTIM #1
Victim was age 13 at the time of the rape on April 21, 1993. 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.
VICTIM #2
In 1996, an unknown male raped another victim who
was walking home from a bar at E. 55th 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.
The mother of victim #1 identified
the suspect as being known by the
name of Randy Spivey.
We couldn’t find a Randy
Spivey.
All Spiveys whose first name
began with an “R” within a mile
radius of 2586 Central Avenue
were identified using Accurint.
Two separate photo arrays of 6
possible suspects were created for
the victim and her mother to view.
The Medical Examiner’s Office was
contacted requesting a search for
information on deaths with the
name of Spivey.
JOHN DOE INDICTMENTS
On 4/9/2013 CCPO Indicted John Doe #1
CODIS Hit to
George Young –
June 18, 2013
Randy Spivey –
is George R. Young
ACQUITTED
YEAR
1983
1984
2001
2003
2009
CRIME
FELONIOUS ASSAULT
FELONIOUS ASSAULT
FELONIOUS ASSAULT
FELONIOUS ASSAULT
FELONIOUS ASSAULT
CONVICTED 3/21/2013
YEAR
2004
CRIME
FELONIOUS ASSAULT
Cleveland/Lakewood Serial
Rapist and Robbery
Cleveland Rape 9/2/14
Cleveland Rape 9/2/14 - Streetview
Cleveland Rape 9/2/14
Victim Jane Doe #5 DOB
9/9/67
Cleveland Rape 9/2/14
• The victim routinely wakes up early, and walks/runs from her home to W. 70th and Detroit Avenue, to
Lake Avenue, down 104th 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. 104th 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.
Cleveland Rape Kit
Negative
September 8, 2014
Search
Warrant for
Tower Dump
reveals user at
5:22 a.m. right
before the
rape.
Uncle of Tyson
Williams
Was he our man?
At Prosecutors Direction,
Prosecutors, Investigators, &
Sheriff Deputies search for
camera videos.
Surveillance Map Camera Locations
Request for similar crimes
in nearby cities.
Lakewood Rape 8/30/14 - Police Report
Lakewood Rape 8/30/14 - Streetview
Lakewood Rape 8/30/14
Victim Jane Doe #2 DOB
11/24/1988
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 $167.00 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.
Lakewood Rape Kit
Negative
Prosecutor request to test
Cleveland & Lakewood clothes.
Positive Touch DNA on
Cleveland Victim’s
sports bra
Cleveland Rape 9/2/14 - Suspect James Daniels
Lakewood Robbery 9/1/14
Lakewood Robbery 9/1/14 – Police Report
Two victims shown photo
array – picked out Daniel
Tyson Williams’ 2014 White Chevrolet Camaro
Seen in Video
Interview of Uncle – Tyson is
alibied by Uncle’s security
system at 5:28 a.m.
Tyson arrested on marijuana
charge.
Jail calls show he dropped off
his half brother Daniel
Lab results – (2 tests)
DNA from rape/robbery on
victim’s pockets is Daniel’s.
Lakewood Rape 8/30/14 - Suspect James Daniel
Cleveland Rape 2/7/00
Cleveland Rape 2/7/00 - Police Report
Cleveland Rape 2/7/00
CODIS Hit 5/19/2014
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.
DETROIT
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
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