I Am Evidence
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- Reviews
- Citation
- Cataloging
- Transcript
I AM EVIDENCE exposes the alarming number of untested rape kits in the United States through a character–driven narrative, bringing much needed attention to the disturbing pattern of how the criminal justice system has historically treated sexual assault survivors. Why is there a rape kit backlog? What can we do to fix the problem? This film explores these questions through survivors’ experiences as they trace the fates of their kits and re-engage in the criminal justice process. I AM EVIDENCE illuminates how the system has impeded justice while also highlighting those who are leading the charge to work through the backlog and pursue long-awaited justice in these cases. In this film, we seek to send a clear message to survivors that they matter, that we as a nation will do everything possible to bring them a path to healing and justice, and that their perpetrators will be held accountable for their crimes.
LA Times | Katie Walsh
"I Am Evidence is a searing, lucid film that never shies from tough details, especially when survivors share their attacks in a powerful bearing of witness. The film is also a legal thriller focusing on three American cities - Detroit, Cleveland and Los Angeles - grappling with tens of thousands of untested rape kits."
The Joyful Heart Foundation | Mariska Hargitay, Producer
"Dear Friend, The backlog can be difficult to comprehend: hundreds of thousands of untested rape kits sitting in law enforcement facilities across the United States. Hundreds of thousands of kits. Untested. For years, many for more than a decade, as statutes of limitations run out. And behind each of those kits, a person—a sexual assault survivor—waiting for justice, waiting for closure. Or not waiting anymore, because it’s just been too long. We don’t know the full extent of the backlog because few state governments and no federal agencies require police departments to count or track the kits in their possession. Thus, most of the time, the number of untested kits in a particular place remains unknown until advocates, survivors, journalists, non-profit organizations—or concerned citizens—initiate and lead an inquiry. I was born and raised in Los Angeles, and the discovery in 2010 of more than 12,000 untested kits there shook me to the core. The rape kit backlog offers one of the clearest and most shocking demonstrations of how sexual assault victims are regarded in our society. Testing rape kits sends a fundamental and crucial message to victims of sexual violence: “You matter. What happened to you matters. Your case matters.” At its core, this issue is about survivors. What mattered most to me in making I AM EVIDENCE was bringing their stories into the light and giving them the space to tell their truths. And not just of their assaults, but of the effect of a flawed criminal justice system that left their rape kit untested and their cases unresolved. I am deeply inspired by the advocates and survivors who have engaged in this work for decades. I AM EVIDENCE also allows us to shine a spotlight on the remarkable efforts in communities across America to bring an end to this injustice. With this film, as we elevate the voices of those most impacted, we aim to provoke outrage, mobilize the public, underline the urgency of this effort, and ultimately, join forces with advocates across this country to end the backlog. I have been inspired everyday by these stories of strength, growth, perseverance, and survival. I am confident our audiences will also be inspired—and outraged. My fervent hope for this film is that it will be a catalyst for action, that it will move you to learn about what is happening around the backlog in your community and in your state, and that it will motivate you to join this movement to end this injustice once and for all. Survivors deserve better. We all deserve better. The time is now."
Citation
Main credits
Adlesic, Trish (film director)
Adlesic, Trish (film producer)
Gandbhir, Geeta (film director)
Hargitay, Mariska (film producer)
Hargitay, Mariska (on-screen participant)
Brettin, Michelle (on-screen participant)
Dissell, Rachel (on-screen participant)
Other credits
Cinematography, Tony Hardmon; editing, Viridiana Lieberman; music, Wendy Blackstone.
Distributor subjects
Human Rights; Women's Rights; Law Enforcement; Activism; Sexual AssaultKeywords
00:00:15.209 --> 00:00:17.143
( inhales and exhales )
00:00:17.167 --> 00:00:19.685
All I can tell you
is what I remember.
00:00:19.709 --> 00:00:21.751
( music playing )
00:00:25.209 --> 00:00:27.393
I went straight back to
my bedroom and he was there,
00:00:27.417 --> 00:00:28.685
behind my bedroom door.
00:00:28.709 --> 00:00:31.209
( music playing )
00:00:35.834 --> 00:00:37.226
Debbie Smith:
And he said don't turn around
00:00:37.250 --> 00:00:39.351
and don't scream
or I'll kill you.
00:00:39.375 --> 00:00:42.518
Woman 1:
I was on a date with a guy.
00:00:42.542 --> 00:00:44.709
He was fighting me
and punching me in my face.
00:00:46.417 --> 00:00:47.768
Woman 2:
I started screaming
00:00:47.792 --> 00:00:49.834
for somebody to help me.
00:00:51.959 --> 00:00:54.334
Woman 1:
And then after that,
it's a blur.
00:01:05.000 --> 00:01:06.602
Woman 3:
They did a rape kit on me.
00:01:06.626 --> 00:01:10.768
They took a swab
of my mouth, my vagina.
00:01:10.792 --> 00:01:13.518
Woman 4:
And I felt like
my body was a crime scene.
00:01:13.542 --> 00:01:16.101
I just thought,
I'm going to give them
all this information,
00:01:16.125 --> 00:01:17.685
and they're just going to go out
in a week and catch him.
00:01:17.709 --> 00:01:20.310
Diane Sawyer:
Really stunning news today
00:01:20.334 --> 00:01:22.393
about the number of rape cases
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police have never
even tried to solve,
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not even opening
the rape kits.
00:01:27.417 --> 00:01:29.435
Male Reporter 1:
In Memphis more than 12,000.
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Male Reporter 2:
Louisville has roughly 4,700.
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Female Reporter 1:
San Diego police
have nearly 3,000.
00:01:33.083 --> 00:01:35.560
Female Reporter 2:
Colorado has 6,283.
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Woman:
In Texas, we had over
20,000 untested rape kits.
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- Untested
- Untested.
00:01:41.834 --> 00:01:44.059
Female Reporter:
Never opened, never tested.
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It's estimated
as many as 400,000
rape kits nationwide.
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Some cases may be
too old to prosecute under
the statute of limitations.
00:01:53.250 --> 00:01:56.310
Woman:
I can understand
one city being negligent,
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but a nation?
00:01:58.292 --> 00:02:00.643
Mariska Hargitay:
For a survivor to come forward,
00:02:00.667 --> 00:02:02.101
to muster that courage,
00:02:02.125 --> 00:02:05.226
and to then have nothing
done about it.
00:02:05.250 --> 00:02:06.768
What are we saying?
00:02:06.792 --> 00:02:08.268
Who are we protecting?
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We're saying you don't matter.
00:02:09.959 --> 00:02:11.560
Woman 5:
I always was told
00:02:11.584 --> 00:02:13.518
as a little girl
growing up,
00:02:13.542 --> 00:02:16.918
"If someone touches you,
you tell, you tell, you tell."
00:02:18.626 --> 00:02:20.976
Wow, and nothing happened?
00:02:21.000 --> 00:02:22.768
Hargitay:
By not testing the rape kits,
00:02:22.792 --> 00:02:25.101
we're saying, "It's okay,
you can do it again."
00:02:25.125 --> 00:02:29.393
And part of the terror
of being raped
00:02:29.417 --> 00:02:33.518
is knowing that the perpetrator
is still out there.
00:02:33.542 --> 00:02:36.518
I am evidence, literally.
00:02:36.542 --> 00:02:40.476
My name is on a box,
on a shelf,
00:02:40.500 --> 00:02:43.435
that has never been tested.
00:02:43.459 --> 00:02:44.918
( loud slam echoing )
00:02:59.959 --> 00:03:02.476
Hargitay:
One of my best friends
is from Detroit,
00:03:02.500 --> 00:03:04.976
so I used to come
in my early 20s a lot.
00:03:05.000 --> 00:03:09.876
So I-- I've always had
a deep affinity for this city.
00:03:11.876 --> 00:03:13.768
A lot of people are saying,
"You can't do it."
00:03:13.792 --> 00:03:17.768
This is the
fifth most violent
city in the country,
00:03:17.792 --> 00:03:21.351
and people are going,
"Detroit? Really, Detroit?
00:03:21.375 --> 00:03:22.976
Sweetheart,
there's other places
00:03:23.000 --> 00:03:25.018
you'd get a lot further
with than Detroit."
00:03:25.042 --> 00:03:28.852
But I say, "Sweetheart you,
that's where we're starting."
00:03:28.876 --> 00:03:31.852
A lot of people just don't
know about this problem,
00:03:31.876 --> 00:03:34.226
and I was one
of those people.
00:03:34.250 --> 00:03:36.268
And then you meet
people like Kym Worthy
00:03:36.292 --> 00:03:38.518
and you see
what she's doing,
00:03:38.542 --> 00:03:41.560
you sort of
can't help but say,
"What am I doing?"
00:03:41.584 --> 00:03:43.101
( cameras clicking )
00:03:43.125 --> 00:03:45.268
When I first met Kym
four years ago,
00:03:45.292 --> 00:03:49.768
Detroit had just discovered
11,000 untested kits.
00:03:49.792 --> 00:03:53.059
Kym's commitment to test
every last kit
00:03:53.083 --> 00:03:56.185
here in Detroit,
is so remarkable.
00:03:56.209 --> 00:03:59.643
I've been playing
Detective Benson on "SVU"
for 15 years,
00:03:59.667 --> 00:04:03.185
and when I first began,
letters started coming
in from viewers.
00:04:03.209 --> 00:04:06.935
These men and women
were disclosing to me
00:04:06.959 --> 00:04:08.417
their stories of abuse.
00:04:10.334 --> 00:04:12.894
And at first, it was a few,
then it was more,
00:04:12.918 --> 00:04:15.560
then it was hundreds,
and then it was thousands.
00:04:15.584 --> 00:04:20.810
A majority of them included
some version of,
00:04:20.834 --> 00:04:23.685
"I've never told
this to anybody before."
00:04:23.709 --> 00:04:28.894
And here I was,
an actress on a TV show
getting these letters,
00:04:28.918 --> 00:04:31.226
and I was immersed
in these issues.
00:04:31.250 --> 00:04:35.125
So I educated myself,
and I got involved.
00:04:36.250 --> 00:04:38.018
To me,
the rape kit backlog
00:04:38.042 --> 00:04:41.810
is the clearest
and most shocking demonstration
00:04:41.834 --> 00:04:43.727
of how we regard
these crimes.
00:04:43.751 --> 00:04:47.185
Kym's tireless and relentless
work here in Detroit
00:04:47.209 --> 00:04:50.000
is unwavering
and unstoppable.
00:04:51.042 --> 00:04:53.560
I had absolutely no clue
00:04:53.584 --> 00:04:55.894
that people stockpiled
rape kits.
00:04:55.918 --> 00:04:59.351
I had no clue
that anyone would do that.
00:04:59.375 --> 00:05:01.125
( music playing )
00:05:03.834 --> 00:05:07.375
Kym Worthy:
I just never imagined that
it was anyplace else than here.
00:05:11.500 --> 00:05:13.768
Robert Spada:
I was asked by the Detroit
Police Department
00:05:13.792 --> 00:05:18.143
to accompany them
to an offsite property room.
00:05:18.167 --> 00:05:19.852
I went there.
During that time,
00:05:19.876 --> 00:05:21.685
I noticed
the racks with boxes
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with rape kits in them.
00:05:23.334 --> 00:05:25.852
And I asked,
"What's in those boxes?"
00:05:25.876 --> 00:05:28.393
And they said that those
were old tested rape kits.
00:05:28.417 --> 00:05:30.602
But I pulled
some of the boxes,
00:05:30.626 --> 00:05:33.101
and I realized
that there still was
the seal on the kits.
00:05:33.125 --> 00:05:35.602
Which would lead you
to believe they had
never been tested
00:05:35.626 --> 00:05:37.727
if the seal's
never been broken.
00:05:37.751 --> 00:05:41.976
I was extremely shocked
to think that there was
just racks of kits
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sitting
in an abandoned warehouse
00:05:43.834 --> 00:05:47.894
with windows open
and birds flying around.
00:05:47.918 --> 00:05:51.101
He said, "Boss, you're not going
to believe what has happened,
or what I saw."
00:05:51.125 --> 00:05:53.768
And he said, "I think I saw,"
00:05:53.792 --> 00:05:57.560
he said, "I saw
approximately 10,000 rape kits
00:05:57.584 --> 00:06:00.059
sitting in this annex
to the property room,"
00:06:00.083 --> 00:06:02.185
and that none of us
even knew existed.
00:06:02.209 --> 00:06:04.435
We knew about
the Detroit Police Department
main property room,
00:06:04.459 --> 00:06:06.185
but we did not know
that there were other places
00:06:06.209 --> 00:06:08.727
within the department
they were storing evidence.
00:06:08.751 --> 00:06:13.000
And so I said,
"You've got to be kidding me,"
or some words to that effect.
00:06:16.417 --> 00:06:18.476
It's so disturbing.
00:06:18.500 --> 00:06:19.667
Yep.
00:06:24.876 --> 00:06:28.935
So do we know exactly
how long the--
00:06:28.959 --> 00:06:30.852
the kits
were stored here?
00:06:30.876 --> 00:06:34.518
All we know is
the day we found out,
which was August of '09.
00:06:34.542 --> 00:06:36.476
Wow.
00:06:36.500 --> 00:06:37.894
Do we know how many
were stored here?
00:06:37.918 --> 00:06:39.185
- All of them.
- All of them.
00:06:39.209 --> 00:06:41.268
All of them, yeah.
00:06:41.292 --> 00:06:43.292
So it looks like
they're in the process
of tearing it down.
00:06:54.626 --> 00:06:56.935
You know, once I get
rid of the shock of it,
00:06:56.959 --> 00:06:58.810
of we discovered the kits,
00:06:58.834 --> 00:07:00.351
but I'm not surprised.
00:07:00.375 --> 00:07:02.059
The victims of these--
00:07:02.083 --> 00:07:03.810
that are attached to these kits
are overwhelmingly women.
00:07:03.834 --> 00:07:06.101
And very few report,
00:07:06.125 --> 00:07:09.852
and those that report
are historically treated
very badly.
00:07:09.876 --> 00:07:12.727
It's not just
the fact that nobody
cared about these women.
00:07:12.751 --> 00:07:15.310
It's not the fact that
they treated them
with no dignity.
00:07:15.334 --> 00:07:17.602
It's the fact
that they were violated
in the most intimate of ways,
00:07:17.626 --> 00:07:19.351
and nobody gave a damn.
00:07:19.375 --> 00:07:21.417
Nobody gives a damn
about women in this country.
00:07:24.792 --> 00:07:28.000
( music playing )
00:07:37.751 --> 00:07:39.310
Okay.
00:07:39.334 --> 00:07:41.185
- Let's get on this one.
- Girl: Who are they?
00:07:41.209 --> 00:07:42.935
People, human beings.
00:07:42.959 --> 00:07:44.667
- Kids: People Mover!
- Going to work.
00:07:55.459 --> 00:07:57.310
Ericka:
I was dating a guy,
00:07:57.334 --> 00:08:00.018
and for my 21st birthday,
00:08:00.042 --> 00:08:01.584
I said
I wanted to have a party.
00:08:03.292 --> 00:08:05.852
And we invited all of my family
and all of my friends,
00:08:05.876 --> 00:08:09.459
and it was just this big deal
with balloons and cake.
00:08:12.083 --> 00:08:16.310
And of course we danced
all across the whole dance floor
00:08:16.334 --> 00:08:19.101
all the way back,
on the chairs.
00:08:19.125 --> 00:08:23.351
And when we got ready to leave,
my boyfriend, he said,
00:08:23.375 --> 00:08:25.059
"Yeah, we're
gonna stop at the store,
00:08:25.083 --> 00:08:26.876
but I'll catch back up
with you in a few hours."
00:08:29.292 --> 00:08:31.560
So his friend said, "Come on,
get in the car, I got you.
00:08:31.584 --> 00:08:34.310
We've been around each other
all this time, I got you."
00:08:34.334 --> 00:08:38.876
And so we pulled up to a house,
and he start pouring drinks.
00:08:40.709 --> 00:08:46.310
So I took a sip of my drink,
and I took another sip.
00:08:46.334 --> 00:08:48.292
( music playing )
00:08:49.792 --> 00:08:54.476
And I remember...
00:08:54.500 --> 00:08:59.727
I remember putting my head
on my arm on the...
00:08:59.751 --> 00:09:01.417
( crying )
on the armrest.
00:09:10.167 --> 00:09:11.792
And then...
00:09:15.375 --> 00:09:20.310
And then I remember
everything just being dark,
00:09:20.334 --> 00:09:23.768
and I couldn't see--
I couldn't see anything,
00:09:23.792 --> 00:09:26.476
and I felt like there was
something around my neck.
00:09:26.500 --> 00:09:31.310
And there was somebody
on top of me on this side,
00:09:31.334 --> 00:09:33.226
and they were
touching my breasts
00:09:33.250 --> 00:09:35.852
and-- and kissing on me,
00:09:35.876 --> 00:09:39.167
and there was somebody
in between my legs.
00:09:40.667 --> 00:09:44.268
And I was...
It was just dark.
00:09:44.292 --> 00:09:46.685
And I kept saying stop.
00:09:46.709 --> 00:09:51.560
I remember hitting this person,
you know, just saying stop
00:09:51.584 --> 00:09:55.250
and trying to get
my legs to be closed.
00:09:58.209 --> 00:10:00.584
( music playing )
00:10:04.250 --> 00:10:07.018
And when I got home,
I called an ambulance,
00:10:07.042 --> 00:10:08.518
and they came and they got me
00:10:08.542 --> 00:10:09.976
and they took me
to the hospital.
00:10:10.000 --> 00:10:12.018
And that's when
they did the rape kit.
00:10:12.042 --> 00:10:16.209
They snatched and they pulled
and nobody comforted me.
00:10:18.584 --> 00:10:21.667
When I came out the hospital,
my dad was waiting for me.
00:10:23.209 --> 00:10:26.810
We went
to the detective's office,
00:10:26.834 --> 00:10:29.685
and my dad
was in full dad mode,
00:10:29.709 --> 00:10:31.476
said,
"What's gonna happen now?"
00:10:31.500 --> 00:10:32.935
and you know, "So how long
is this gonna take,
00:10:32.959 --> 00:10:34.518
what's the process?"
00:10:34.542 --> 00:10:37.852
And the man was kind
of agitated, the officer,
00:10:37.876 --> 00:10:41.018
and he said,
"I'm just going to be honest.
00:10:41.042 --> 00:10:42.292
Nothing's going to happen."
00:10:43.959 --> 00:10:48.768
He said, "We're going
to put this in a file,
00:10:48.792 --> 00:10:50.351
and we're going
to put this in a box,
00:10:50.375 --> 00:10:52.560
and it'll have
her name on it."
00:10:52.584 --> 00:10:56.018
And he said, "I'm not sure
when we will ever get to it,
00:10:56.042 --> 00:10:58.643
or if we'll get to it."
00:10:58.667 --> 00:11:04.226
And he said, "I can take you
to a storage room right now
00:11:04.250 --> 00:11:06.268
full of people
that are before her
00:11:06.292 --> 00:11:08.125
that haven't
been tested for years."
00:11:09.459 --> 00:11:12.185
He just,
my dad just played some music,
00:11:12.209 --> 00:11:14.727
he played some jazz
all the way home,
00:11:14.751 --> 00:11:16.935
and we got ice cream.
00:11:16.959 --> 00:11:19.292
( music playing )
00:11:23.334 --> 00:11:27.459
And my dad said,
"It's gonna be all right, baby."
00:11:53.500 --> 00:11:56.185
If you look around Detroit
if you're ever out and about,
00:11:56.209 --> 00:11:57.768
and you think about this,
00:11:57.792 --> 00:12:01.643
about how much safer
this all could have been.
00:12:01.667 --> 00:12:06.435
And how we're going to get to
the point where it's much safer
00:12:06.459 --> 00:12:08.542
when we get all these rapists
off the street.
00:12:12.375 --> 00:12:13.727
So it's going
to be interesting to see
00:12:13.751 --> 00:12:15.435
how when we're
all done with this,
00:12:15.459 --> 00:12:19.101
exactly how many people's lives
have been affected.
00:12:19.125 --> 00:12:20.768
And, really, you have to factor
in their families
00:12:20.792 --> 00:12:22.310
and everyone they
had contact with and,
00:12:22.334 --> 00:12:24.018
you know, since the time,
00:12:24.042 --> 00:12:25.935
'cause that's gonna be
impossible to track,
00:12:25.959 --> 00:12:28.810
but, you know, it's just--
it's just a lot of people,
00:12:28.834 --> 00:12:30.918
many more than I think
people realize.
00:12:37.042 --> 00:12:39.560
Worthy:
From the very beginning,
I felt this way.
00:12:39.584 --> 00:12:41.435
We had to bring justice
to these victims,
00:12:41.459 --> 00:12:43.935
and even the cases beyond
the statute of limitations.
00:12:43.959 --> 00:12:47.185
I knew I wanted
to get them all tested.
00:12:47.209 --> 00:12:49.626
DNA testing can identify
an unknown perpetrator.
00:12:51.417 --> 00:12:55.518
It can confirm the presence
of a known suspect.
00:12:55.542 --> 00:12:58.250
It can affirm a survivor's
account of their assault.
00:12:59.959 --> 00:13:02.310
It can connect the suspect
to other crime scenes,
00:13:02.334 --> 00:13:04.417
even those in other states
and jurisdictions.
00:13:05.918 --> 00:13:07.393
It can help solve other cases
00:13:07.417 --> 00:13:09.935
that may not even be
sexual assaults.
00:13:09.959 --> 00:13:11.518
It can also,
and this is very important,
00:13:11.542 --> 00:13:14.018
exonerate the innocent.
00:13:14.042 --> 00:13:17.125
Bottom line,
a rape kit can bring justice.
00:13:21.918 --> 00:13:25.435
So all of these people meet
for the first and third
Thursday of every month
00:13:25.459 --> 00:13:27.059
for at least two hours
00:13:27.083 --> 00:13:32.226
to talk about
how we got into this mess.
00:13:32.250 --> 00:13:36.685
On DPD's end, I was tasked
with making sure that
00:13:36.709 --> 00:13:40.852
we provided what was needed
to make this project work.
00:13:40.876 --> 00:13:43.976
And, you know, there was
several things that was
dropped in my lap
00:13:44.000 --> 00:13:47.810
that I didn't know
how I was going to be able
to get through it.
00:13:47.834 --> 00:13:52.435
Or looking at the officers
that, you know, investigate
these cases,
00:13:52.459 --> 00:13:55.435
they were overwhelmed,
stressed out.
00:13:55.459 --> 00:13:57.250
How will we bring this
all together?
00:13:59.042 --> 00:14:01.185
Dr. Rebecca Campbell:
My job in this project was to
00:14:01.209 --> 00:14:03.226
sort of watch this group
come together,
00:14:03.250 --> 00:14:07.101
to document all of the decisions
they had to make.
00:14:07.125 --> 00:14:08.727
You know, when you find out
that you have 11,000 kits,
00:14:08.751 --> 00:14:09.727
what do you do?
00:14:09.751 --> 00:14:12.727
It happened over decades.
00:14:12.751 --> 00:14:15.226
What was
the decision-making process
00:14:15.250 --> 00:14:17.435
that said,
with limited resources,
00:14:17.459 --> 00:14:22.602
I'm choosing
not to send this kit,
but I'll send this kit?
00:14:22.626 --> 00:14:26.476
But the decision not to send
that kit was far more common
00:14:26.500 --> 00:14:28.351
than the decision
to send the kit.
00:14:28.375 --> 00:14:30.518
( music playing )
00:14:30.542 --> 00:14:34.894
So I started piecing this
together in the late '90s,
early 2000s.
00:14:34.918 --> 00:14:37.143
And then we had
New York City break,
00:14:37.167 --> 00:14:39.101
and we had
Los Angeles break,
00:14:39.125 --> 00:14:40.976
and then the community
I've worked with, Detroit,
00:14:41.000 --> 00:14:42.602
where it showed up
in the media.
00:14:42.626 --> 00:14:44.727
And there was
this huge sort of surprise,
00:14:44.751 --> 00:14:46.643
but for those
of us who have been
in this movement for a while,
00:14:46.667 --> 00:14:49.226
it's like,
"This wasn't a surprise.
00:14:49.250 --> 00:14:52.626
They have not been testing
these kits for decades."
00:14:54.292 --> 00:14:57.768
In Detroit, certainly
finances were an issue.
00:14:57.792 --> 00:15:01.143
It costs money to test a kit.
00:15:01.167 --> 00:15:05.810
The money for this in Detroit
was just not there.
00:15:05.834 --> 00:15:09.059
But why didn't they take
the money they did have
00:15:09.083 --> 00:15:11.018
and put it in this crime?
00:15:11.042 --> 00:15:13.226
That's when you have to dig
into this a little bit deeper.
00:15:13.250 --> 00:15:14.976
You have to open up
the police reports
00:15:15.000 --> 00:15:17.351
associated with the kits
that were not tested.
00:15:17.375 --> 00:15:19.351
And when you do that,
that's when you
00:15:19.375 --> 00:15:22.018
start getting a much
more complicated story.
00:15:22.042 --> 00:15:23.626
( music playing )
00:15:28.626 --> 00:15:31.393
Campbell:
Detroit is primarily
African-American,
00:15:31.417 --> 00:15:33.185
so over 80% of them
00:15:33.209 --> 00:15:36.685
were from African-American
residents of the city.
00:15:36.709 --> 00:15:39.143
By our best estimates,
most of them were poor,
00:15:39.167 --> 00:15:42.667
so we're talking
about poor black women.
00:15:44.626 --> 00:15:47.334
It's pretty clear they did
not believe the victims.
00:15:52.250 --> 00:15:54.310
They fundamentally
did not believe
00:15:54.334 --> 00:15:56.560
what happened
to them was a crime.
00:15:56.584 --> 00:15:59.918
They did not believe
that what happened to them
merited their attention.
00:16:10.751 --> 00:16:13.351
We read police reports
where victims
00:16:13.375 --> 00:16:18.918
were called bitches,
ho's, whores, heifers.
00:16:21.584 --> 00:16:24.018
They said,
"Eh, it's not really
a real sexual assault.
00:16:24.042 --> 00:16:26.685
This is not worth
our investigative time,
00:16:26.709 --> 00:16:30.834
and it's certainly not worth
our limited resources
of testing this kit."
00:16:33.792 --> 00:16:35.185
Kalimah Johnson:
I carried the pager.
00:16:35.209 --> 00:16:36.602
I was one
of those social workers
00:16:36.626 --> 00:16:38.268
that responded
to sexual assaults
00:16:38.292 --> 00:16:40.101
when they happened
in the city of Detroit.
00:16:40.125 --> 00:16:44.810
And if I get a phone call
from a nurse's aide who says,
00:16:44.834 --> 00:16:46.268
"Girl, if you're
in the middle of your lunch,
00:16:46.292 --> 00:16:48.602
get down here when you can,"
00:16:48.626 --> 00:16:51.643
I knew that I was
either gonna interface
with a woman of color,
00:16:51.667 --> 00:16:54.894
or a woman who might have
had a substance abuse issue,
00:16:54.918 --> 00:16:58.059
and didn't belong to anybody,
if you know what I mean.
00:16:58.083 --> 00:17:00.727
But if I got a call
from the doctor,
00:17:00.751 --> 00:17:03.351
and they would say,
"Hurry up and get down here,"
00:17:03.375 --> 00:17:05.226
it was one
of two kind of women.
00:17:05.250 --> 00:17:07.310
It was either a white woman
00:17:07.334 --> 00:17:11.143
or a black
politically connected woman
in the city of Detroit.
00:17:11.167 --> 00:17:14.476
Either she was
a pastor's daughter
or a politician's daughter
00:17:14.500 --> 00:17:16.643
or something like that.
00:17:16.667 --> 00:17:18.976
And it was a pattern,
and I'm not saying that--
00:17:19.000 --> 00:17:22.500
I'm not saying
it happened all the time,
but it was noticeable.
00:17:24.125 --> 00:17:26.018
I believe
that there's just a...
00:17:26.042 --> 00:17:31.310
a lesser sense of value
for women who are black,
00:17:31.334 --> 00:17:32.727
that they're just not--
not human enough
00:17:32.751 --> 00:17:34.310
to even be rapeable.
00:17:34.334 --> 00:17:37.059
And so these cases
just got thrown to the side
00:17:37.083 --> 00:17:39.584
and not thought about
in any particular way.
00:17:41.626 --> 00:17:43.976
Worthy:
With the darker pigment
of your skin,
00:17:44.000 --> 00:17:46.310
your life seems
to have less value
00:17:46.334 --> 00:17:48.101
in the criminal justice system.
That's true.
00:17:48.125 --> 00:17:50.435
You're just
taken more seriously
in this country,
00:17:50.459 --> 00:17:53.935
in all aspects,
if you have money
or if you have influence
00:17:53.959 --> 00:17:56.417
or if you have power
or if you have privilege.
00:18:01.918 --> 00:18:03.935
- It's a national problem.
- TV Host:Sure, that's right.
00:18:03.959 --> 00:18:07.476
There's over 400,000
backlog untested kits
in this country.
00:18:07.500 --> 00:18:09.310
Talk to me, though,
about what that means,
00:18:09.334 --> 00:18:10.685
the-- the-- the testing
of these kits.
00:18:10.709 --> 00:18:13.018
How you get from testing it
to saying,
00:18:13.042 --> 00:18:15.935
"Well, here are
the people that we need
to start looking at."
00:18:15.959 --> 00:18:19.018
The scientists will take
whatever evidence
is in the kit,
00:18:19.042 --> 00:18:20.560
the saliva, hair, fibers,
00:18:20.584 --> 00:18:23.643
anything to help get
a genetic profile
00:18:23.667 --> 00:18:25.727
that can then be loaded
and entered into CODIS.
00:18:25.751 --> 00:18:28.310
And CODIS, C-O-D-I-S,
is the DNA national database.
00:18:28.334 --> 00:18:29.768
Host:Right.
00:18:29.792 --> 00:18:31.476
But there are
two different kind of hits.
00:18:31.500 --> 00:18:32.643
It either matches
to a person's profile
00:18:32.667 --> 00:18:34.185
already in CODIS,
00:18:34.209 --> 00:18:36.101
or it can match
to another case through DNA
00:18:36.125 --> 00:18:37.894
from evidence,
such as clothing,
00:18:37.918 --> 00:18:39.560
even if that person's
identity is unknown.
00:18:39.584 --> 00:18:41.083
Host:Yeah.
00:18:43.083 --> 00:18:46.101
So now
the next critical step
is the investigation
00:18:46.125 --> 00:18:47.768
and prosecution
of these kits.
00:18:47.792 --> 00:18:50.476
Right, and so that next step
is saying,
00:18:50.500 --> 00:18:53.059
"All right, well,
let's go find these people
00:18:53.083 --> 00:18:54.852
and bring them to justice."
00:18:54.876 --> 00:18:56.935
"Let's take
each individual hit,
work up a case
00:18:56.959 --> 00:18:59.018
the way it should
have been worked up
when it first happened."
00:18:59.042 --> 00:19:00.268
So you have to still go
find the victim,
00:19:00.292 --> 00:19:01.518
you have
to find the defendant,
00:19:01.542 --> 00:19:03.143
you have to find
the witnesses,
00:19:03.167 --> 00:19:05.310
any other evidence besides
just the DNA evidence.
00:19:05.334 --> 00:19:07.393
And put the case together
the old-fashioned way.
00:19:07.417 --> 00:19:09.852
And that-- that gets
to all the problems
00:19:09.876 --> 00:19:11.643
- that you have with resources.
- Exactly.
00:19:11.667 --> 00:19:13.226
You just don't have
enough people.
00:19:13.250 --> 00:19:14.768
Exactly. Up until...
00:19:14.792 --> 00:19:16.685
Up until a couple
of months ago, we had two.
00:19:16.709 --> 00:19:19.059
And contrast that
with the city of Cleveland,
00:19:19.083 --> 00:19:21.810
who discovered
about 4,000 kits
several years ago.
00:19:21.834 --> 00:19:23.768
They had 35 investigators.
00:19:23.792 --> 00:19:25.351
I think
25 or 35 investigators,
00:19:25.375 --> 00:19:27.310
- to our two that we had.
- To two.
00:19:27.334 --> 00:19:30.584
( music playing )
00:19:50.626 --> 00:19:53.894
Rachel Dissell:
In 2009, a guy named
Anthony Sowell was caught,
00:19:53.918 --> 00:19:57.059
and he was a serial rapist
and murderer.
00:19:57.083 --> 00:19:59.042
( music playing )
00:20:00.834 --> 00:20:03.018
And at some point,
several women
00:20:03.042 --> 00:20:04.935
reported
that he had attacked them.
00:20:04.959 --> 00:20:06.894
And there were questions
whether some of those reports
00:20:06.918 --> 00:20:08.542
were taken seriously or not.
00:20:13.959 --> 00:20:17.059
It ended up when the police
were investigating a report
00:20:17.083 --> 00:20:20.018
in late October of 2009,
00:20:20.042 --> 00:20:22.351
they went to the house
to look for him,
00:20:22.375 --> 00:20:24.500
and in the house,
they discovered the bodies
of several women.
00:20:28.584 --> 00:20:34.125
In total, it was 11 women
who Anthony Sowell
raped and murdered.
00:20:38.334 --> 00:20:40.810
After that case, our editors
at the "Plain Dealer"
00:20:40.834 --> 00:20:44.310
asked us to really dig in
to how sex crimes were handled.
00:20:44.334 --> 00:20:47.768
And a part of that was
the question of rape kits.
00:20:47.792 --> 00:20:50.018
We knew that
there were a number of them
00:20:50.042 --> 00:20:53.643
related to the Sowell case
that had not been tested.
00:20:53.667 --> 00:20:56.435
That part for us
was really difficult
to see how many people
00:20:56.459 --> 00:21:02.018
had been attacked
long after the evidence was
there and hadn't been used.
00:21:02.042 --> 00:21:04.643
So we wanted to ask
the larger question.
00:21:04.667 --> 00:21:06.393
You know, how many
of these rape kits
00:21:06.417 --> 00:21:09.059
here in Cleveland
haven't been tested?
00:21:09.083 --> 00:21:11.768
When they were done counting
and sorting through the kits,
00:21:11.792 --> 00:21:14.101
they had a little over 4,000
00:21:14.125 --> 00:21:16.542
that previously
had not been tested.
00:21:24.292 --> 00:21:26.518
Tim McGinty:
Of course we made mistakes
00:21:26.542 --> 00:21:29.435
as a law enforcement
community.
00:21:29.459 --> 00:21:31.518
We didn't realize
the potential
00:21:31.542 --> 00:21:34.393
of what sat behind us
in the locker.
00:21:34.417 --> 00:21:38.894
In this building were
these untested rape kits
gathering dust.
00:21:38.918 --> 00:21:40.167
We did not appreciate it.
00:21:42.250 --> 00:21:45.602
I was shocked
by how many of these
00:21:45.626 --> 00:21:47.894
we got hits or matches on
00:21:47.918 --> 00:21:50.393
when we took this unknown DNA,
00:21:50.417 --> 00:21:52.476
had no idea who it was,
00:21:52.500 --> 00:21:54.476
put it
in the national DNA database
00:21:54.500 --> 00:21:59.101
and Ohio's database
with known profiles,
00:21:59.125 --> 00:22:00.602
and we got a hit.
00:22:00.626 --> 00:22:02.310
( counter clicking )
00:22:02.334 --> 00:22:04.292
( music playing )
00:22:09.459 --> 00:22:12.101
Those kits start getting tested,
they start getting results,
00:22:12.125 --> 00:22:14.351
and then you have almost
another type of backlog,
00:22:14.375 --> 00:22:15.935
an investigative backlog.
00:22:15.959 --> 00:22:18.351
Hundreds of new cases
were coming in.
00:22:18.375 --> 00:22:20.852
How do you figure out
what to do with them?
00:22:20.876 --> 00:22:23.685
How do you figure out
which is the most important
one to handle first?
00:22:23.709 --> 00:22:25.709
( music playing )
00:22:27.626 --> 00:22:29.810
Man:
He's got those three events,
00:22:29.834 --> 00:22:32.226
all related close in time.
00:22:32.250 --> 00:22:34.976
The DNA evidence that
was able to be collected
00:22:35.000 --> 00:22:38.560
from the clothing,
from the the pockets,
and off the sports bra
00:22:38.584 --> 00:22:41.042
of victim number one
and victim number two.
00:22:42.834 --> 00:22:44.393
Dissell:
And as the cases
were coming in,
00:22:44.417 --> 00:22:45.685
they weren't
really triaging them
00:22:45.709 --> 00:22:47.685
to see who was in prison,
00:22:47.709 --> 00:22:49.435
who was out on the streets.
00:22:49.459 --> 00:22:52.435
And so they got a hit
for a 2000 rape
00:22:52.459 --> 00:22:57.685
in which the potential suspect
was James W. Daniel III.
00:22:57.709 --> 00:23:00.518
And several months went by,
00:23:00.542 --> 00:23:03.310
and in that time
before he was arrested,
00:23:03.334 --> 00:23:05.167
he raped two other women.
00:23:07.042 --> 00:23:08.518
And they had
a surveillance video
00:23:08.542 --> 00:23:10.209
that showed
part of this attack.
00:23:41.584 --> 00:23:44.185
Dissell:
This case really knocked
some of the folks
00:23:44.209 --> 00:23:46.018
on the task force
back a little bit,
00:23:46.042 --> 00:23:48.602
because they were so proud
of what they were doing,
00:23:48.626 --> 00:23:52.685
but at the same time,
they realized that they had
to prioritize the cases.
00:23:52.709 --> 00:23:55.727
And you can see
just how much harm it is
00:23:55.751 --> 00:23:58.185
for not having tackled
this in the past.
00:23:58.209 --> 00:24:00.667
- We're not keeping up.
-No, we're not keeping up.
00:24:02.876 --> 00:24:05.894
People who they became
aware of as a suspect,
00:24:05.918 --> 00:24:07.810
they had to ask themselves
the question.
00:24:07.834 --> 00:24:09.101
Are they on
the street right now?
00:24:09.125 --> 00:24:11.018
Could they
attack somebody else?
00:24:11.042 --> 00:24:13.351
Man:
We're still working on
prioritizing the cases
00:24:13.375 --> 00:24:15.560
that are rolling in.
00:24:15.584 --> 00:24:20.476
I know that Nicole has
a guy with two cases
out on the street.
00:24:20.500 --> 00:24:23.834
( music playing )
00:24:32.125 --> 00:24:34.143
Nicole DiSanto:
Each of the investigators
00:24:34.167 --> 00:24:36.018
has anywhere
from 80 to 90 cases
on their docket.
00:24:36.042 --> 00:24:39.727
And every day,
we get another 20 to 30 hits.
00:24:39.751 --> 00:24:43.810
If there's a statue
of limitations about to run,
00:24:43.834 --> 00:24:48.768
or if we have a serial offender
who's out on the streets,
00:24:48.792 --> 00:24:50.709
those go to the top
of our priority list.
00:24:52.417 --> 00:24:54.976
Okay, we have a hit
to a suspect
00:24:55.000 --> 00:24:58.310
who has been identified
in three cases,
00:24:58.334 --> 00:25:01.685
one in '95, one in 1998.
00:25:01.709 --> 00:25:06.393
And this third victim
that we're trying to
locate and notify
00:25:06.417 --> 00:25:09.393
is a hit to a 1997 case.
00:25:09.417 --> 00:25:14.602
So we're going
to go attempt to find her
at her last known address,
00:25:14.626 --> 00:25:19.083
and let her know that we have
new information on her case.
00:25:28.584 --> 00:25:30.476
( door opens )
00:25:30.500 --> 00:25:31.584
Danielle?
00:25:34.334 --> 00:25:37.101
DiSanto:
So the reason we're here
00:25:37.125 --> 00:25:42.226
is because of the rape
in January of '97.
00:25:42.250 --> 00:25:46.810
What can you tell me
about what you remember?
00:25:46.834 --> 00:25:49.393
I lived next door to, like,
a little convenience store.
00:25:49.417 --> 00:25:50.976
Okay.
00:25:51.000 --> 00:25:56.101
And, um, I met a guy
that went to that store.
00:25:56.125 --> 00:25:59.976
I think he asked me if I wanted
to smoke a joint or something.
00:26:00.000 --> 00:26:03.768
We went to, I guess, one
of his friend's houses
or something.
00:26:03.792 --> 00:26:07.185
He grabbed me by my neck,
and he pushed me down.
00:26:07.209 --> 00:26:10.518
And I started screaming
00:26:10.542 --> 00:26:13.852
for somebody to help me.
00:26:13.876 --> 00:26:16.518
And I remember, 'cause
there were people upstairs...
00:26:16.542 --> 00:26:18.101
( sniffling )
00:26:18.125 --> 00:26:19.643
and nobody came down.
00:26:19.667 --> 00:26:21.042
( crying )
00:26:30.125 --> 00:26:32.268
He, um...
00:26:32.292 --> 00:26:35.727
He started
pulling my pants down,
and he grabbed my arms,
00:26:35.751 --> 00:26:37.935
and he held them real tight.
00:26:37.959 --> 00:26:41.185
And he said, "If you
don't shut the fuck up,
I'm gonna beat your ass."
00:26:41.209 --> 00:26:44.018
And so I shut up.
00:26:44.042 --> 00:26:46.852
And he finished,
00:26:46.876 --> 00:26:48.143
and I got up,
and I sat in a chair,
00:26:48.167 --> 00:26:50.476
and I just cried and cried.
00:26:50.500 --> 00:26:52.209
And I didn't
really know what to do.
00:26:53.667 --> 00:26:56.518
And then I started feeling,
00:26:56.542 --> 00:26:58.768
I don't know,
like it was my fault.
00:26:58.792 --> 00:27:01.143
And that I shouldn't have
put myself in that position.
00:27:01.167 --> 00:27:02.894
You know it's
not your fault now, right?
00:27:02.918 --> 00:27:05.059
Yeah, I know now.
00:27:05.083 --> 00:27:07.226
Robert:
All right, the series
of photos here
00:27:07.250 --> 00:27:10.018
may or may not contain him
in the photographs.
00:27:10.042 --> 00:27:13.584
And try not to pay
attention to anything
other than his face.
00:27:18.292 --> 00:27:19.393
That one.
00:27:19.417 --> 00:27:21.268
How sure are you?
00:27:21.292 --> 00:27:23.351
- I'm 100% sure it's him.
- 100%?
00:27:23.375 --> 00:27:24.976
- Yeah.
-Okay.
00:27:25.000 --> 00:27:26.393
Oh, my God.
00:27:26.417 --> 00:27:28.018
If you could
just circle him.
00:27:28.042 --> 00:27:30.375
-Sorry.
- That's okay.
00:27:36.292 --> 00:27:38.667
DiSanto:
And I have to let you know
he's not in custody yet.
00:27:40.834 --> 00:27:44.059
We are going to try
and get him off the streets
as soon as possible.
00:27:44.083 --> 00:27:45.643
Danielle:
So there's two of us
right now, right?
00:27:45.667 --> 00:27:47.643
Two local.
There's a third hit.
00:27:47.667 --> 00:27:52.709
So there are
three different DNA hits
to this suspect.
00:27:54.667 --> 00:27:58.209
( music playing )
00:28:02.500 --> 00:28:05.310
Dissell:
I think for us in Cleveland,
00:28:05.334 --> 00:28:07.643
one of the most striking things
that we learned
00:28:07.667 --> 00:28:11.226
was that far more of
the suspects in these cases
00:28:11.250 --> 00:28:12.894
than we ever
would have thought
00:28:12.918 --> 00:28:14.810
were
suspected serial rapists.
00:28:14.834 --> 00:28:17.643
We did not expect to find
00:28:17.667 --> 00:28:19.935
that a third or more
of the people
00:28:19.959 --> 00:28:21.459
were linked
to multiple cases.
00:28:23.709 --> 00:28:25.852
Most men are not rapists,
00:28:25.876 --> 00:28:30.810
but the ones who are
perpetrate again
and again and again.
00:28:30.834 --> 00:28:32.351
( counter clicking )
00:28:32.375 --> 00:28:34.626
( music playing )
00:28:54.083 --> 00:28:58.351
Helena:
About four days
after my 17th birthday,
00:28:58.375 --> 00:29:00.059
it was in 1996,
00:29:00.083 --> 00:29:01.685
I had been given
a Volkswagen Rabbit,
00:29:01.709 --> 00:29:03.602
a new car.
00:29:03.626 --> 00:29:05.685
And I was obsessed
with the car.
00:29:05.709 --> 00:29:07.310
I washed it constantly.
00:29:07.334 --> 00:29:10.351
And I had taken it
to a local car wash.
00:29:10.375 --> 00:29:11.876
( music playing )
00:29:13.959 --> 00:29:16.375
So I was there,
and it was dark.
00:29:19.459 --> 00:29:21.894
And as I was washing it,
a man approached me
00:29:21.918 --> 00:29:25.292
with a rag over his face,
asking for help.
00:29:27.417 --> 00:29:30.059
That man abducted me
at knifepoint
00:29:30.083 --> 00:29:32.810
and had me captive
for about ten hours,
00:29:32.834 --> 00:29:35.268
during which time I was
repeatedly assaulted.
00:29:35.292 --> 00:29:37.292
( music playing )
00:29:41.125 --> 00:29:44.310
He took $20 from my wallet.
00:29:44.334 --> 00:29:47.059
He took the money,
and he took my license.
00:29:47.083 --> 00:29:51.059
He took the license,
he said, so that he would
know where I lived.
00:29:51.083 --> 00:29:54.393
And he was very clear
that if I reported,
00:29:54.417 --> 00:29:58.935
he would come back and
kill me and kill my family.
00:29:58.959 --> 00:30:01.602
( music playing )
00:30:01.626 --> 00:30:03.894
He eventually did release me,
00:30:03.918 --> 00:30:06.185
and then I went,
00:30:06.209 --> 00:30:07.643
and I flagged a police cruiser,
00:30:07.667 --> 00:30:10.435
the first cruiser that I saw.
00:30:10.459 --> 00:30:12.518
I knew that I had to report.
00:30:12.542 --> 00:30:15.560
I knew I couldn't go home,
00:30:15.584 --> 00:30:17.476
and even though
I was in a state of shock,
00:30:17.500 --> 00:30:19.643
I knew that I had to do
something.
00:30:19.667 --> 00:30:21.334
( music playing )
00:30:24.209 --> 00:30:27.393
Eventually I was taken
to an area hospital
00:30:27.417 --> 00:30:29.500
where the rape kit
was performed.
00:30:32.083 --> 00:30:33.500
The process
takes several hours.
00:30:37.959 --> 00:30:41.059
Open up your legs
like a butterfly, okay?
00:30:41.083 --> 00:30:44.059
I'm gonna pull
a few pubic hairs.
00:30:44.083 --> 00:30:46.185
Helena:
And a humiliating process,
00:30:46.209 --> 00:30:48.393
not only because
of the physical invasion,
00:30:48.417 --> 00:30:52.518
but because of the kind
of questioning that was
going on at the time.
00:30:52.542 --> 00:30:55.518
All of the questions that
I got from law enforcement
00:30:55.542 --> 00:31:01.476
were asked with the intention
of finding out what I did
to cause the assault.
00:31:01.500 --> 00:31:03.101
What was
I doing at the car wash?
00:31:03.125 --> 00:31:05.185
Did I know the person
who assaulted me?
00:31:05.209 --> 00:31:09.334
I felt blamed,
I felt blamed right away.
00:31:12.375 --> 00:31:14.268
My parents
are both immigrants.
00:31:14.292 --> 00:31:17.727
My mother is from Cuba,
and my father is
from Argentina.
00:31:17.751 --> 00:31:19.976
And when
the assault took place,
00:31:20.000 --> 00:31:25.560
they had
a lot of held mistrust
for law enforcement,
00:31:25.584 --> 00:31:29.500
and an expectation
that we wouldn't be helped.
00:31:31.083 --> 00:31:35.059
And they were right
to think that.
00:31:35.083 --> 00:31:36.727
Patti Giggans:
That's the American way,
00:31:36.751 --> 00:31:40.393
this inequality within
the criminal justice system
00:31:40.417 --> 00:31:42.226
when it comes
to people of color,
00:31:42.250 --> 00:31:46.351
or the economic classes
and the difference.
00:31:46.375 --> 00:31:50.393
So that is so endemic
to our society,
00:31:50.417 --> 00:31:52.935
of course it's
going to have an impact,
00:31:52.959 --> 00:31:55.375
you know, with police
and police investigation.
00:31:57.000 --> 00:31:58.560
Gail Abarbanel:
When we first started,
00:31:58.584 --> 00:32:01.351
one of the biggest problems
was the police,
00:32:01.375 --> 00:32:04.310
and a lot of other programs
were discouraging victims
00:32:04.334 --> 00:32:06.143
from making police reports,
00:32:06.167 --> 00:32:08.143
because they felt they would be
mistreated by the police,
00:32:08.167 --> 00:32:10.209
and in many cases they were.
00:32:15.209 --> 00:32:18.602
County Supervisor:
How many rape kits do you have
at Central Storage?
00:32:18.626 --> 00:32:21.185
Off the top of our heads,
we could not tell you right now.
00:32:21.209 --> 00:32:23.727
Female Reporter:
When the Sheriff's Department
finally counted,
00:32:23.751 --> 00:32:26.685
they found nearly 5,000 kits
in storage.
00:32:26.709 --> 00:32:30.560
300 of them were past
the statute of limitations.
00:32:30.584 --> 00:32:32.268
Giggans:
And it was very confusing
in the beginning.
00:32:32.292 --> 00:32:34.226
We heard that there
were 7,000 kits,
00:32:34.250 --> 00:32:36.976
and there were 11,000 kits,
and there were 12,000 kits.
00:32:37.000 --> 00:32:40.310
It was fascinating in terms
of the confusion
00:32:40.334 --> 00:32:42.935
around
what was really happening.
00:32:42.959 --> 00:32:45.935
And then we found out
that kits had been destroyed,
00:32:45.959 --> 00:32:47.417
kits had been thrown away.
00:32:49.500 --> 00:32:51.101
Steve Cooley:
In terms of the destruction
of evidence,
00:32:51.125 --> 00:32:53.268
I think that may have occurred
00:32:53.292 --> 00:32:56.143
in the L.A. County
Sheriff's Department.
00:32:56.167 --> 00:32:59.143
They had, in our view,
00:32:59.167 --> 00:33:01.435
misinterpreted
the statute of limitations
00:33:01.459 --> 00:33:03.768
and had been
destroying rape kits,
00:33:03.792 --> 00:33:06.334
thinking the statute had run
when it hadn't.
00:33:07.959 --> 00:33:12.768
Therefore, there were rapists
who were not caught.
00:33:12.792 --> 00:33:17.894
And there were survivors
who lived in fear
00:33:17.918 --> 00:33:20.393
of maybe the rapist
was going to come back.
00:33:20.417 --> 00:33:22.792
( music playing )
00:33:33.876 --> 00:33:35.935
Helena:
When something
like this has happened
00:33:35.959 --> 00:33:38.083
and you don't know
where that person is...
00:33:41.292 --> 00:33:42.626
that means
they're everywhere.
00:33:45.167 --> 00:33:47.976
They are over your shoulder.
00:33:48.000 --> 00:33:52.143
They're gonna be
inside the front door
when you walk in.
00:33:52.167 --> 00:33:56.018
I would come home at night
and open the door
00:33:56.042 --> 00:33:59.143
and imagine his hands
coming up to my throat.
00:33:59.167 --> 00:34:01.435
I could feel his hands
coming up to my throat.
00:34:01.459 --> 00:34:03.976
Going up the stairs
to my room, in my room,
00:34:04.000 --> 00:34:07.727
every sound you hear is them
breaking into the house.
00:34:07.751 --> 00:34:09.852
I would have
terrible nightmares.
00:34:09.876 --> 00:34:12.852
I would wake up each morning
and imagine going downstairs
00:34:12.876 --> 00:34:15.143
and finding my family dead.
00:34:15.167 --> 00:34:16.894
I was afraid
to leave my house.
00:34:16.918 --> 00:34:21.101
There was a time during
which I was not functioning.
00:34:21.125 --> 00:34:23.042
I was not
a functioning person.
00:34:29.125 --> 00:34:31.292
( crying )
And I can't understand...
00:34:32.876 --> 00:34:34.518
why I was so unimportant,
00:34:34.542 --> 00:34:37.018
what was
so unimportant about me,
00:34:37.042 --> 00:34:39.935
that someone
couldn't just take
a little bit of their time
00:34:39.959 --> 00:34:41.334
and help me find out.
00:34:45.876 --> 00:34:47.751
( music playing )
00:35:04.542 --> 00:35:06.976
Ericka:
I do want to take the time
just to say thank you
00:35:07.000 --> 00:35:09.268
for, you know, the things
that you've poured into me
00:35:09.292 --> 00:35:11.018
and into my girls.
00:35:11.042 --> 00:35:12.976
You know, being
a single mom is not easy.
00:35:13.000 --> 00:35:15.602
It's kinda like when you're
going through your journey,
00:35:15.626 --> 00:35:17.935
and you don't have resources
00:35:17.959 --> 00:35:19.226
or you don't have money
for resources.
00:35:19.250 --> 00:35:20.351
Like, "Well, how do I cope?"
00:35:20.375 --> 00:35:22.185
Sometimes I'm kinda scared,
00:35:22.209 --> 00:35:24.351
because, you know, as a mom
you don't want your kids
00:35:24.375 --> 00:35:27.393
to see you as anything flawed
or anything like that.
00:35:27.417 --> 00:35:29.393
And in the
African-American community,
00:35:29.417 --> 00:35:31.310
you know,
we have other myths.
00:35:31.334 --> 00:35:33.894
You know, where you can't tell
people what happened to you.
00:35:33.918 --> 00:35:35.226
You don't
have faith in God.
00:35:35.250 --> 00:35:36.643
- Just go to God.
- Just go to God with it
00:35:36.667 --> 00:35:38.602
and let it be there.
00:35:38.626 --> 00:35:40.935
I mean, this can
go back to slavery
how we were forced to,
00:35:40.959 --> 00:35:43.602
you know,
carry things in silence.
00:35:43.626 --> 00:35:46.602
You know,
our pain, our anguish,
all type of stuff.
00:35:46.626 --> 00:35:48.935
- I say speak up.
- Right.
00:35:48.959 --> 00:35:50.518
If you are going
through something
00:35:50.542 --> 00:35:51.894
you don't know
how to get out of it,
00:35:51.918 --> 00:35:55.435
don't hold anything in.
00:35:55.459 --> 00:35:58.727
( music playing )
00:35:58.751 --> 00:36:02.560
Ericka:
After my incident,
00:36:02.584 --> 00:36:04.209
I was very depressed.
00:36:06.751 --> 00:36:08.292
And I didn't have a reason.
00:36:09.667 --> 00:36:11.125
I didn't have a reason to live.
00:36:13.542 --> 00:36:18.894
The insecurities
and all of the different fears.
00:36:18.918 --> 00:36:20.584
Now it's just an open wound.
00:36:22.834 --> 00:36:27.542
I do feel like a big piece
of me was taken away from me.
00:36:30.375 --> 00:36:32.375
You know,
I'll never be the same.
00:36:34.292 --> 00:36:35.560
Woman:
00:36:35.584 --> 00:36:38.602
I will be 32 this year.
00:36:38.626 --> 00:36:42.310
That was my 21st birthday,
so 11 years.
00:36:42.334 --> 00:36:44.018
Woman:
00:36:44.042 --> 00:36:45.584
No.
00:36:48.250 --> 00:36:50.143
I-- I wasn't waiting.
I stop--
00:36:50.167 --> 00:36:53.894
I gave it up, on that day.
00:36:53.918 --> 00:36:57.351
I've never waited,
because I couldn't wait.
00:36:57.375 --> 00:36:58.768
I couldn't think about it.
00:36:58.792 --> 00:37:02.059
I couldn't
even expect anything.
00:37:02.083 --> 00:37:03.685
Or I would not, I would not,
00:37:03.709 --> 00:37:05.167
I don't think
I would be here today.
00:37:09.000 --> 00:37:11.542
( music playing )
00:37:21.918 --> 00:37:23.602
Helena:
For so many years
00:37:23.626 --> 00:37:25.685
after the police dropped
my case essentially,
00:37:25.709 --> 00:37:27.560
every once in awhile,
I would see something
00:37:27.584 --> 00:37:30.268
or experience something
that triggered the memory.
00:37:30.292 --> 00:37:35.894
And I wondered,
"Is it possible that my kit
is still out there?"
00:37:35.918 --> 00:37:37.852
I had to keep going
higher and higher and higher
00:37:37.876 --> 00:37:40.935
in the level
of people I was getting
to advocate for me,
00:37:40.959 --> 00:37:44.059
to a point where I had,
you know, an ex-D.A.
00:37:44.083 --> 00:37:46.101
calling
the Sheriff's Department
00:37:46.125 --> 00:37:48.935
to ask, "What happened
with Helena's case?
00:37:48.959 --> 00:37:50.685
You need to tell us more."
00:37:50.709 --> 00:37:54.643
And within two weeks,
I had a call.
00:37:54.667 --> 00:37:56.125
I had a call...
00:37:58.792 --> 00:38:01.393
from the
Sheriff's Department,
00:38:01.417 --> 00:38:04.334
who hadn't called me back
for 14 years.
00:38:05.667 --> 00:38:09.059
( inhales and exhales )
00:38:09.083 --> 00:38:12.727
And they came to my house
with what they call
the six-pack.
00:38:12.751 --> 00:38:15.976
And even though it had been
more than a decade,
00:38:16.000 --> 00:38:20.059
I knew right away
which one he was.
00:38:20.083 --> 00:38:22.935
And it was eventually
revealed to me
00:38:22.959 --> 00:38:25.018
that the kit had
actually been processed
00:38:25.042 --> 00:38:29.852
three or four years
prior to my advocates
becoming involved,
00:38:29.876 --> 00:38:34.518
that it had matched
to Charles Courtney
in that time,
00:38:34.542 --> 00:38:37.101
and that no one
had followed up on it.
00:38:37.125 --> 00:38:39.226
I feel like a fool
when someone says,
00:38:39.250 --> 00:38:41.351
"Well, why
didn't they process?
Why didn't they call you?
00:38:41.375 --> 00:38:43.435
They had a match.
What happened?"
00:38:43.459 --> 00:38:45.351
I don't know,
and I can't tell you,
00:38:45.375 --> 00:38:47.185
because they wouldn't tell me,
00:38:47.209 --> 00:38:49.000
other than
it fell through the cracks.
00:38:51.876 --> 00:38:55.476
Because the DNA from my kit
had not been processed,
he went home.
00:38:55.500 --> 00:38:57.976
He was-- He was
a long-distance truck driver,
00:38:58.000 --> 00:39:00.185
which is
another very troubling fact.
00:39:00.209 --> 00:39:01.810
The fact that
he had access to victims
00:39:01.834 --> 00:39:04.018
between at least
Los Angeles and Ohio.
00:39:04.042 --> 00:39:08.143
There could be who knows
how many other victims.
00:39:08.167 --> 00:39:11.083
( music playing )
00:39:26.209 --> 00:39:28.167
You getting out your piano?
00:39:31.250 --> 00:39:32.435
( toy piano plays )