The first year of a major push to analyze Ohio’s untested sexual assault kits has concluded, and the results exceed even the most hopeful predictions.
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Of the 1,585 kits BCI tested by the end of September, nearly a third — a total of 505 kits — contained DNA profiles that hit to a known offender or forensic sample in the CODIS database.
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So far, the evidence points to more than 100 serial rapists.
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In Cleveland, the source of about 43 percent of submitted kits, more than 50 indictments have been returned.
Many of the kits tested under the Attorney General’s Sexual Assault Kit Initiative are nearly two decades old, prioritized by BCI because of Ohio’s current 20-year statute of limitations on rape.
“I am stunned at how much evidentiary value we’re finding in these kits,” Attorney General Mike DeWine said. “The sooner we get them tested, the fewer opportunities these predators will have to commit additional crimes. They have already been on the streets way too long, and we owe it to the victims to do everything we can to help.”
The Attorney General OK’d the hiring of 10 additional scientists to conduct the testing — four of whom were on board and trained by October 2012 and six more who are expected to begin a six-month training period by the end of this year. Other BCI staff members devote all or some of their time to the Sexual Assault Kit Initiative.
The Ohio Attorney General’s sexual assault services include resources for law enforcement, prosecutors, and victim advocacy organizations. Here’s a look at the services available:
Analysis of untested kits
Like many states, Ohio has a large number of sexual assault kits that were never tested for DNA evidence. In late 2011, at the recommendation of a task force he assembled to study the problem, Attorney General Mike DeWine encouraged law enforcement agencies to submit kits for lab analysis if they believed a crime occurred.
The Attorney General’s Bureau of Criminal Investigation (BCI) quickly began ramping up to test the kits and by October 2012 had four additional scientists trained to help advance the work. In mid-September, BCI hit the first-year goal of testing 1,500 kits. The task force estimated up to 3,000 kits could be tested in subsequent years.
“Everyone involved has been amazed at the success of this project,” Attorney General DeWine said. “Considering we’ve identified more than 100 serial rapists in our first year of testing, you have to wonder how many more hits we’ll get to these individuals as our scientists work through remaining kits.”
The same question crosses the mind of Brian McDonough, lead prosecutor in Cuyahoga County’s cold case sexual assaults. So far, about 15 percent of the cases his office has test results for involve serial rapists.
One of those is Quisi Bryan, who is on death row for killing Cleveland Patrolman Wayne Leon in 2000. Already convicted of four other rapes, three in 1994 and another in 2000, Bryan was indicted in July on two additional counts of rape filed as a result of the recent kit testing. The Plain Dealer, which has covered the sexual assault kit issue extensively, reported the victim told police her abductor forced her into an abandoned car at knifepoint and raped her.
“These victims are targeted. They are vulnerable, they are accessible, and they are able to be isolated,” McDonough said. “It is very exciting to bring justice to these victims, and we could not do it without the assistance of the Attorney General’s Office. The collaboration has been excellent.
“The real unsung heroes are the forensic scientists at BCI who day after day, hour after hour, examine a mountain of evidence,” he added. “The work they do is second to none, and their commitment is outstanding. Their work is answering questions that have been lingering for years.”
The Cleveland Police Department had submitted 1,770 kits as of late September, and McDonough expects the total to grow to 4,000. Based on results to date, he estimates 60 percent — or about 2,400 kits — could yield hits to a known offender or forensic sample in CODIS. His team has gained more than 50 indictments so far.
Contact: For more information on the testing initiative or to submit untested kits, call 855-BCI-OHIO (224-6446).
Help with investigations
BCI’s Investigations Division — including agents with the Crimes Against Children Initiative (CAC) — works sexual assault cases throughout Ohio. Several agents have been assigned to help the Cuyahoga County Prosecutor’s Office following hundreds of CODIS hits on kits submitted by Cleveland police.
“Our agents are working cases involving serial rapists who have brutalized the residents of Cuyahoga County for years,” said Dennis Sweet, BCI’s special agent in charge for northern Ohio. “It’s very gratifying to put these cases together.”
One that stands out is the case of a Cleveland woman, now 32, who was gang-raped at age 12. She was walking her puppy within a few blocks of her eastside home when she was abducted and raped by three men behind a local school. They took her to a nearby home, and over the next several days, they and other men beat and raped her. BCI’s analysis of her rape kit revealed the DNA of seven men, all of whom have now been charged.
“It meant a lot to her for people to believe that she was raped and for people to be held accountable,” Sweet said.
CAC is another resource in sexual assault investigations, with all but a few of its cases each year involving sex crimes with child victims. So far this year, the work has yielded 12 arrests and six convictions. Several cases are pending.
Contact: 855-BCI-OHIO (224-6446) and, for investigative resources, visit
www.OHLEG.org.
Prosecutorial assistance
One recent child sex abuse case concluded in late September with a jury finding a former law enforcement officer guilty of raping a 5-year-old he was babysitting. The Attorney General’s Special Prosecutions Section and CAC director led that prosecution because of a conflict of interest related to the defendant’s status as a former deputy. He was convicted of four counts of rape and sentenced to 15 years to life in prison.
The AG’s special prosecutors regularly handle child rape cases, including those involving delayed disclosure, and are able to defend any of the standard victim interviewing protocols. They can help prosecutors in a range of ways, from talking through a case by phone to serving as assistant or lead prosecutors.
The team can also offer advice on seeking John Doe indictments, which can stop the clock before a statute of limitations expires if testing reveals an unknown offender’s DNA profile. BCI has sent more than 20 letters to law enforcement agencies alerting them that an unknown profile was developed from a kit they submitted and advising them about John Doe indictments. The Cuyahoga County Prosecutor’s Office has gained three indictments with this approach, which some jurisdictions outside Ohio have used for several years.
Contact: Special Prosecutions, 614-644-7233
Training for responders
The Attorney General’s Office spearheads several education efforts related to sexual assault, all of which emphasize the importance of taking a victim-centered approach.
Among them are the office’s Sexual Assault Response Team (SART) trainings, which pull together a dozen experts to explain the roles different disciplines play in an effective response. Sandy Huntzinger of Crime Victim Services organizes these trainings and others covering forensic evidence collection, community response, and campus sexual assault and also provides direct assistance with local SART startups.
“You’ve got to initiate these investigations by believing the victim,” she said. “If you don’t, you’re never going to get to the perpetrator.”
Research shows individuals known to victims commit the majority of sexual assaults. These connections complicate investigations because suspects often claim their victims consented. Although results are likely to reflect a known suspect’s DNA, Huntzinger said it is important to test kits even in these “he said, she said” scenarios because of the potential to identify serial offenders. With multiple victims, the situation can become “he said, they said.”
The Ohio Peace Officer Training Academy (OPOTA) offers a three-day Sexual Assault Investigation course covering suspect and victim interviews, evidence collection, and more. Sessions are set for Dec. 3–5 and July 29–31 at the London campus and July 14–16 at the Richfield campus. On eOPOTA, officers can take Investigating and Responding to Sexual Assault, and later this year, a series of 15-minute roll-call trainings will be available on sexual assault.
Contact: Sandra.Huntzinger@OhioAttorneyGeneral.gov for Crime Victim Services trainings and
www.OhioAttorneyGeneral.gov/OPOTAcourses for OPOTA courses
Expanded victim services
Earlier this year, Attorney General DeWine announced a plan to address gaps in Ohio’s sexual assault response capabilities after a survey by his staff found only 36 of 88 counties offer direct, comprehensive services and eight counties have few or no services.
To assist, the Attorney General’s Office designated grants totaling $195,000 to hire Sexual Assault Response Network coordinators and establish 24-hour crisis hotlines for Crawford, Wyandot, Meigs, and Perry counties. The coordinators, each serving two counties, will recruit and organize volunteers to be available for victims around the clock. The Sexual Assault Services Expansion Program will also enhance services in Harrison, Monroe, Fulton, and Clinton counties, and staff is working with local agencies and the Ohio Alliance to End Sexual Violence to broaden services statewide.
Attorney General DeWine has increased funding for local sexual assault programs 27 percent.
The SAFE program covers the cost of sexual assault forensic exams to ensure uniformity in evidence collection. For details, call 614-466-4797 or email
SAFE@OhioAttorneyGeneral.gov.