« Reveal

Case Cleared (Part 1)

2018-11-10 | 🔗

When police closed the rape case against Bryan Kind, they made it look like it had been solved. But he never was arrested – or even charged. We team up with Newsy and ProPublica to investigate how police across the country make it seem like they’re solving more rape cases than they actually are.

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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Hey. It is your favorite host in all of pod custom. Now for the rest of the year, I'm gonna be asking you to join us by becoming a member of reveal reveal is all about going deep, pulling on threads telling stories that matter for more than three years now reveal has been fighting a lawsuit. That's been jeopardizing our very existence of restore we about an organization called planet aid? Our story raises serious questions about whether international aid was actually reaching the people. It was intended to help and what's more, our story was truthful and we stand by it. We believe it's our duty to fight attacks like this, but fighting a lawsuit comes at a huge costs. Are legal fees alone totalled more than seven million dollars? Luckily we have pro bono legal support to help our in house counsel, but it still takes significant resources, resources that should be used to do more public service journalists. This kind of investigative
it takes time and it cost money. If you believe in the work we do the absolute best way to support us is by becoming a member of reveal to do it just text. The word reveal two hundred and forty seven, four thousand seven hundred and forty seven standard data rates apply and you can text stop or cancel at any time also, all new members who donate at least five dollars a month. We get our facts, t shirt again just text. The word reveal two hundred and forty seven, four thousand seven hundred and forty seven. And all you who already support our work, I would offer a deep sincere thanks. We can't do this work without being willing afforded twenty twenty. We have big things plan, so, let's go to some good work together. From the centre for investigative reporting in p r eggs, this is reveal analysis before we started Asia. You should know that deals with graphic delegations of sexual assault, something that the cut
three has been wrestling with a lot lately: doktor form with what degree Certainly, do you believe bread, Cavanaugh assaulted, one hundred percent I categorically and unequivocally deny the allegation against me by Doktor for Rick Avenue supply. Core confirmation raised a lot of questions about how we deal accusations of sexual assault. Here's how President Donald Trump dealt with doktor affords accusation. How did you get home? I don't remember how'd you get there remember. Where is that
I don't remember how many years ago was it. I don't know, I don't know Trump suggested that if the assault really happened, law enforcement would have been involved in charges would have been filed. In other words, there be proof because the police would have investigated this, but Trump's own Justice Department says that only about twenty percent of survivors ever report, these crimes to police. Let's look at the president's other assumption that, after sexual assault is reported, police would fully investigate that they get to the bottom of it. Just would be served when the president tweeted that we were wrapping up an investigation that took over a year looking at how rapes or really handle in our criminal justice system. We teamed up with reporters mark I am glad of newsy the online and cable, whose network and reduce Europe grow. Publican together
Seventy thousand more than seventy thousand reported law from scores of law enforcement agencies and prosecutors. All over the country. We read hundreds of detail, police reports and followed court cases from start to finish. What we want to know our police solving is many rare cases as they claim and if they aren't, whose getting hurt Our companies begin in Illinois on a case that will take them round the country market Iron Peoria to meet Andy Lasher, he's thirty, so years old, a friendly guy with full beard and a quiet voice, but sort of like a big teddy bear. We want to talk to him because he took risk to try and bring a man to justice were, by the Illinois River, that's where the three of us find a picnic table in a wide field, away from playgrounds and ball fields. We want to find somewhere quiet to talk by day and he works as a youth pastor. That's his passion, but never paid very much so
he's, always had other jobs as much as my call is to be a pastor. My call is to be hospitable, people and I get to express that through the front desk clerk, he likes connecting with people, he would ordinarily never meet. Sometimes conversations earliest meant to take place and you get to experience humanity with people on a little deeper. Up the highway a few hours away and genes bill was constant and are used. Work. The night shift at a Ramada in it looks pretty typical to stories lots of brick with a parking lot all the way around inside all the hallways, open onto a big arched glass atrium R K games in one corner, a swimming pool, a hot tub and security cameras linked to a monitor at the front desk one night, while keeping an eye on those security cameras. Andy note
There's a girl in the hot tub he guesses she's about sixteen. For a sixteen year old kid to be able to go, hang out at a hotel room with pool and jacuzzi. May seem trivial does. But for a kid I mean that exciting stuffed and its changes its not that exciting Andy recognizes the girl she's been, I guess there before and from his spot at the front desk through the video feed. He see someone else in the hot tub with her it's a man he looks older than she is too old. Tell me about the first time you can remember seeing this individual older man hanging out
at the remarks that you worked at the hot tub. Remember them to speedily allude to closer, even even through the. Security camera just felt awkward I mean they were. There is an intimacy happening just seen in that kind of thing, ruckus mouth to mouth in the hot up- and you know you don't know, details right. So it's not like you run out there. It must up whatever is going on. After all, privacy is part of what gasser buying. So Andy just watches and he worries, watches the teenager and the man go upstairs to their room worries as they leave the hotel arm in arm laughing. They had walked out. In fact, when a young man walks in he's delivering, take out for another guest and happens to know the girl
He saw them leaving the hotel and he said I do or whatever and I came in- to deliver a sandwich. He said man I wish I could do something about that and I What what do you mean? He said well she's only like sixteen and he's twenty six something like that and turns out. No actually is like thirty one. And I said well Tommy, more about that so well seen him for a while now and everybody such a star, but nobody does anything about it. Pastor Andy decide. Somebody should I just said. Well I mean if, if you can't, I will Andy calls the cops eventually, he'll find out that police in a state hundreds of miles away new lot about this man could have arrested him, but didn't right now,
and he knows nothing more than what he'd seen what was at stake in your mind, the rest that girls life, but she looked and she looking duress, no see actually seem to be enjoying her time, but that didn't make it ok about an hour after sunset on a Monday evening in May to James Vill police officers showed up at the Ramada in girl had already gone home. The officers confronted the man at the door of his room and can firm, that he was thirty. One years old, he admitted to kissing the girl police seized his belongings, including two cellphones, and they arrested him. His name is Brian, Sean kind, we're not naming the girl or any possible victim of sex abuse unless they choose to be last spring.
More than a year after his arrest Ryan sits in a court room in Jaynes veil he's got a small, build blonde hair and he's During an orange prison, uniform two files state stated Wisconsin versus Brion s time. During this pretrial hearing, the prosecutor asked Thomas passion led detective on the case, about his interview with the girl. The night brine kind was arrested. Did you ask her what happened with her what did she inform you in writing. First of two thousand sixteen, when she was fifteen years old, initially denying that there is any sexual contact, a minute to kissing days that type of activity Eventually, she did say that they had sexual contact and she has to approximately two hundred Rhine kind wooden degree to talk to us and on this day in court, said nothing, including about that accusation that he had sex with a teenager. Too
times, police say the girl was fifteen. When the relationship started. Sixteen by the time Brian was arrested, the police report says the two met online: the brine regularly drove more than three hundred miles from his home town in Michigan to Wisconsin, taking the girl to the movies shopping and out fry scream? The police report says he was upset when she planned to go to her senior prom that the girl skipped it to stay with him tell. Instead, we talk to people who know Brian and the small town where he grew up. The police chief remembers, arresting brine for bounced checks, then drugs, his mom called him, a good student and a good worker, but immature like thirty one going on eighteen, she said in Jane, still Brian Kind, could face decades in prison for sexual assault of a minor, and it's not just that detective beckoned tells me that when police examined Brien's to cell phones, they found pictures of the girl and other girls to on this
the first trial that he had had this type of contact with them, child had pornographic images of to me would lead to a pattern or behaviour It's not that he just head pornographic images of children, the maybe downloaded online. These were pictures that here himself, some that he probably took her are directed the trial the day police. And evidence that made them suspect brine kind is a repeat offender, three girls that we found the local girl in our area in the genes or area girl from the Baltimore area, and then a girl from Ohio genes will, with sconce in outside Baltimore, Maryland and Ohio. They suspected he had contact with under age, girls least three states, so detective vetch unshared what he knew with police and those other states, and he found out something really disturbing. He found out eight hundred miles away in a suburb of Baltimore
police already knew about Brian Kind. They had in fact spent more than a year building a case against him for an alleged sexual relationship with another teenage girl, They never arrested him but made it look like the case had been solved. How could that happened and why that's would marked in Bernice wanted to find out when we come back? They had to Baltimore looking for answers. That's coming up on revealed the centre for investigative reporting and p r. Exe from the centre for investigative reporting in p r eggs. This is reveal a lesson when we left off We're on the trail of an alleged child predator A man now in its thirty's name, Brien Kind scholarly facing trial in Wisconsin for allegedly raping a teenage girl there, but we also found out the police hundreds of miles away
Maryland spent more than a year investigating him very similar case. Please, there never arrested him or press charges, and he went free Bernice yard of pro publicly marguerite blood of newsy had been investigating what happened warning before we pick up a story. It contains disturbing allegations of sexual abuse. We got our hands on a report put together by police in Howard, County Maryland. It says Brian Cowen, met a girl online, a local girl who was just twelve years old, twelve years old, take a minute and think about that. A girl, not even a teenager, a middle school, just starting to figure out who she is in the world from the police report. We know a few things about her that she has shoulder length, hair and shows her teeth when she smiles when she writes she coloured.
Her exclamation points- and we know that she and Brian Kind sign many of their messages by spelling out why the sound of a kiss police say she was thirteen by the time Brian meet her in person in Howard, counting that's where we had to the suburbs outside Baltimore, there's no Indies corner feathered is related. This is our first stop in reconstructing the case that Howard County police built against brine kind the police reports as brine met the young girl for the first time in person right here here. It is that the victim stated that She got over to Wendy's in order to meet brain time and they have lunch tonight. Fifteen. He had driven permission into Maryland to come to
this very Wendy's to have lunch with a thirteen year old here, taking a child out to simply special someplace fun, buying them treats child therapists. Tell us it's one of the ways, the predators- room potential victims. In the evidence file we find to video interviews the lead our county detective did with the girl and apparent in one video, the girl, where's Jean shorts and shoes, with bright, pink laces. She fidget says she talks The detective leans in and listened closely in the other video the girl tells the detective that being with Brian felt protective. They compared themselves. Romeo and Juliet the girl step dead tells her he's doing it too. You he's doing it to someone else, the sand, detective
Indeed the girl four times over six months, learning new details with each conversation, the detective spent months, building trust with the girl and pieced together, a bunch of evidence, including photos, phone records, an hotel receipts, she boiled it all down into straightforward bullet points typed into the police report. That's what guided and mean to the Wendy's where police say brine kind. First met with the girl. And it's what we used to follow their journey from there, the second interview that the detective desert once again, the windows is brought up for lunch, but this time she talks about a hotel motel by now the detective, a sort of policing things together right, the brain kind had stayed in a place called style in at the home style in twice. Put guided mark and me too, the Wendy's where police say brine kind, first met with the girl and it's what we used to follow the journey from there she's she's really coming for the first time in admitting that they had sex in this hotel motor,
These is brought up for lunch, but this time she talks about a hotel motown. By now the detective, a sort of piecing things together right they break. I had stayed in a place called the homes styled in at the home style in twice engine. Like this one? We hit a big bump as we crossed the county line. We just drove from our county, where the young victim lives across the county line into Baltimore County, which is wireless selfishness on your right hand, style. So we're we're a mile away now, it's just across the county line, and that one mile seems to have made all the difference in this case all the difference, because, even though Howard Police spent nearly a year investigating the alleged sex crime happened across common line in Baltimore County. Oh my gosh himself, with a special rates starting of forty nine. Ninety nine plus tax,
see rest on the wall. All's paint scraping off it's a two story: motel these steel doors, brick facade, can kind of almost straight into the rooms themselves. The windows are covered with these curtains that look like women hanging there for a long long time, it's just truly decrepid building theirs. Standing in doorway in Rome to forty five: that's the room where they were some one in their right now, standing I'm looking at me like that, last resort. Knowing you got nowhere else to go, they ve got the single occupancy sign out front stress just when we leave bothered by this place and when authorities say happened here.
Howard County, investigated this case for close to a year. They did a very detailed investigation, interviews with the girl phone records, hotel receipts, but ultimately Howard County prosecutors, sent the case to Neighbouring Baltimore County, because that's where the alleged rapes happened, we requested interviews with Howard County police, but they declined, And when all this was handed over to Baltimore County investigation stalled, the case was open for six months, but police, their added, no new investigative information, Baltimore Canny Police Oxman Sean Vincent agreed to talk to mark by phone, but he wouldn't let us record his end of the conversation. Hey, I'm! Ok short. How are you doing mark
Sean about what happened with the brine kind investigation. Just. Why have the facts right here? So looked so you receive the case in the summer of two thousand. Sixteen from Howard, county or Sean says a detective from Baltimore County tried to get in touch with the girls family. Next, five months They say that they were attempting to make contact with the victim or the family. Baltimore county records show a detective. Their talk to the girls mother at least once. His note, say the mother told them that she would talk to her family about next steps. When he didn't hear back, the report says he sent a letter telling them he planned to suspend the case, which he did two weeks later, shonkin firms all of this that there is no record of any kind of any contact or interview with the suspect brain kind by detectives, active. Their talk to the girls mother, at least once his note say, the mother told him that she would talk to her family about next steps. In a later email Sean says they
says he sent a letter calling them. He planned to suspend the case, which he did two weeks later. Sean confirms all of this that there is no record of any kind of any contact or interview with not the success of the criminal investigation or prosecution. The report, does acknowledge. A better option may be to review all these types of cases with prosecutors before suspending them, and experts tell there is even more that could have been done. For instance, police could have used the evidence they had to try paid in the investigation. He says it's all about a child centred approach, making the welfare of child victims the top priority, not the success. We want a part, the Maryland investigation and more detailed. So we drive to ours north to downtown Philadelphia, to talk to an expert who can evaluate or suspending them, and experts tell I'm there's even more that could have been done for it had sex crimes for the Philadelphia police for most of his career.
I we were really good But we were the best, no doubt about it. He was commander of the sex crimes in nineteen. Ninety nine. When the news exposed on the Philadelphia police broke, it showed that four years Philly cops would make legitimate rape cases disappear by wrongly categorizing them as false or baseless reports. Tom's chief assigned him to work closely with women's advocates to review all of those cases day after day file after file. He tells us this process chain tim- and I can tell you that, if looking to thousands of cases, there was a data, I looked over the lieutenant and said: how do we get this ban these days, Tom trains, police across the country and how to investigate sexual assault cases? We brought Tom all the files on brine kind and asked him to give us his take on how police handle case. There is no record of an interview at any point with the suspect. What do you make of that relevant? It was my investigation
we would have had him interviewed had either the local police department. Already. I crimes taskforce. Almost every state has won all which consists of local federal authorities. Go out to his home interview. Him were attain. Search wars, first computer in his phone. Why? I mean more than likely he's going to tell you what happened. You got a confession from more likely, you don't have that victim testify you're gonna gather more evidence from his computer stuff. There may have been not been, we'll be retrieved on his foot on her phone Howard County, which did that? Detailed investigation collected more than Wendy pages of text messages and emails going back and forth between Brian Kind and the young girl. Many argue fully romantic, but in some Brian cautions the girl to keep quiet in one he rights. You know you can't tell anyone. I come to see you in another. He tells her. You have to
stand. What would happen if they see me with you, we ask TAT, on what he sees in the messages and emails was obvious that they had some kind of sexual relationships It talks about her laying in his lap and crying, Can you love me? I guess the age deference in a different way Queen Ass, you know, plus the whole world against us. My opinion is that this type of person hasn't mature. They may have a job or something else, but emotionally, he hasn't mature certain Asian huh, more likely the title and when you question here on this document, which is kind of the last page of the police file that we have from Baltimore, Tony. It says we show Tom the place in the report we found were Baltimore County police say how they resolve the case. O Brien kind was never charged or arrested.
Police were able to make it look like a success. The report is marked ex dash clear, that's police shorthand for exceptional clearance and the ships clearance means that you know to able to prove crime card. You have a victim, You know where the person is and who they are the defendant and either prosecutor does want to prosecute or the doesn't want to go forward. The the case, an official at the Department of Justice, tells us that exceptional clearance is supposed to be used. Rarely, for example, when a suspect can't be arrested because they're dead or already in prison a victim on cooperating or prosecutor, refuses to take the case, but even then police have to meet I bar FBI rules require that the police still need to have enough evidence for an arrest in order to exceptionally clear the case. But here's the thing exceptional. Clear cases are often presented to the public as solved
even though no arrest is ever made and no charges are ever find and the suspect remains on the streets there included in crime stats. Many police agencies used to show what the job there doing. It turns out that this is a pretty common practice. Four Baltimore County, we reviewed three years of crime data from the county and found that they reported really impressive clearance rates for rape, seventy percent and twenty. Sixteen that's getting close to double the national average but when we unpack those numbers, we found that more than half of those rape cases were cleared by exceptional means, meaning no suspect was ever arrested or charged with the crime. Take the brine kind. There was a suspect and strong evidence and policing victim and her family were unresponsive and not cooperating with the investigation. So this its may meet the requirements for exceptional clearance, but it may not. We just don't know because Baltimore County police won't comment directly about why the exceptionally cleared the case in part, because the key
You just got sued over how it handles rape investigations, but Tom says this is where exceptional clearance gets complicated. Because the question is always what more could police have done This case he says a lot: did they work to build trust with the victim Why didn't they interview? The suspect, I think, did the biggest thing To take from this, and almost any sexual assault investigation is, you have to hand This is if it was a homicide investigation. You have to every single thing possible and then includes, turn all the evidence you can and don't ever miss the opportunity to talk of the defendant and you gotta remember that you have to look at these. Cases that every single one of them has and shall be SIRI rapist, Baltimore County push? back on Tom's analysis questioning his expertise in Maryland. Law we take what we learned to pastor Andy Lasher. The man who called police when he saw,
Brian with another teenage girl at that hotel in Genes Phil Wisconsin, and he had no idea about Baltimore he didn't know that there were other possible victims or that police, in Maryland knew all about Brian, but failed to stop him Mark explains it appears as if you may have actually stopped someone who has been on recording. And in on the radar of other police agencies in other parts of the country, India's QUIET, Martin. And what brine kind was accused of in Maryland then chose him. The evidence taken just sing a little bit of this right here, scrolls girls. They read through the emails and compare the day This police report was filed a year and a half before the incident
angel. That's there should be prosecuted to the full extent of the law. At that point, why? What's snake, if they dont more thirteen year old girls Mark explains to Andy the way that Baltimore County cleared the case, so it turns out the leadership from the Baltimore County police. Parliament has talked about how their clearance rates are higher than the national average. On things like the category of rape, when we dug into their crime statistics. We found that a lot of the crimes that they quote unquote clear, arson this, where they actually never make an arrest clear. The case exceptionally, leave the suspect on the streets and move on so your father in their cab.
It comes at a high price would happen in Baltimore County, where police did there will it may have shocked Andy, but it turns out
Please do this all the time marking Bernice, investigate and law enforcement agencies across the country and found that in cases of rape, exceptional clearance is not so exceptional after all, so let's get the big picture mark. How did you start? Well? I always started by looking at how many rape cases law enforcement agencies say that they solve more than eighteen thousand police departments report, their crime staff to the FBI, but we found that when they report those stance, most big cities lump together, all their cleared cases into one big number. So there's no way to tell which cases were cleared by arrest or by invoking exceptional means there, I'll just marked cleared and to the public they'll look like their solved. In fact, many police departments actually describe their combined clearances as solved cases
but we know it was more complicated the map. So how did you dig below those FBI numbers to figure out how many rape cases police are actually solving? So we asked lawn Foresman agencies for their raw numbers and then we analyze them. This is a big team effort really led by our colleague Marie say he overt newsy? We reached out to every major jurisdiction in the? U S with more than three hundred thousand people and that's more than a hundred Sid in county law enforcement agencies. We fought public records request, so we could run the numbers and calculate how many rate cases they cleared by arrest and then how many they cleared by exceptional means, and we got data
act from more than sixty of them and what we discovered was shocking. Almost half the big cities in counties took more rape cases off of their books by marking that exceptionally cleared than by actually arresting a suspect. That's according to their own numbers. So does that mean most clearances? Don't include an arrest well in almost half the communities that we looked at, that's exactly what we found take Hillsboro Canny Florida where Tampa is there's a really big sheriff's office. There twenty six team? If you look at the combined clearance rate, it looks really good sixty five percent, but when we analyse their raw numbers, we found that only twelve percent of rape cases led to an arrest and more than three times as many were cleared. Exceptionally no arrests made and no charges in those cases, and we found very high exceptional clearance rates in lots of Places Oakland our foreign and Austin Texas, or just two more examples and smaller cities, to really just all over the map. A few law enforcement agencies cleared.
Or sixty percent of their rape cases by exceptional means- and I should add There were many cities and counties that did not turn over their data on clearance information, despite repeated asks, they include Washington, Dc Pittsburgh, San Francisco Cleveland and because they wouldn't share their information, it's impossible to know how well police are doing when it comes to investigating rape or any of these cases, the police or clearing by exceptional means actually false reports, ones that should really be taken off the books. No, that's something entirely different. If police think a sexual assault report is false, or that may be something happen, but it wasn't. A crime police would categorize that as unfounded and they drop it from their crime, counts, yeah for police to clear case bikes, show means they have to have enough evidence against the suspect to establish probable cause. These are supposed to be good cases arrested cases again. The only reason police are supposed to use exceptional means is when something Stan
Their way of making an arrest, you mention it to the public. All of these rapes look solve our police departments, actually massaging numbers of certainly not making any effort to spell out differences between clearing a case by arresting someone. A versus is clearing it. Exceptionally, in fact, many departments boast publicly about their high rape, clear straight and they never breathe a word that over half the time no one's been arrested. You hear this sample when police officials testify in front of City Council its useful for law enforcement to look successful, especially at budget hearings when they come looking for money. So you does spent a year on this was to take away. To me out is that some cities are really honest, entranced parent, when they tell you that they cleared a bunch of rape cases that they really did. There really took a lot of people off the street, but then
but you don't know, is that there are other cities that don't do that, that our telling you that that their clearing a lotta cases, but that in fact it's it's almost like a smokescreen. It's not really giving you a an accurate representation of how well the the police are doing and for me I'll. It's really that you know all of these numbers they mask. What's really actually happening in the real world. We are presented with this picture that law enforcement is making our community safer by taking a legit rape assaults when really what's happening. Is there just gaming, the numbers and, in the end, its really the public that loses? People do not know how rape is really handled in their community Mark Bernice. Thank you. Thank you. Now you better coming up market Bernice. Take us to ask what police officials have repeatedly bragged city council about their high clearance rates for rape. Introduce you to a whistle blower who says she was pushed to change the numbers. That's coming up on
from the center for investigative reporting and architects from the centre for investigative reporting in p r eggs. This is reveal. I'm outlets today we looking at how police handle sexual assault cases are reporting. Partners are pro public, as Bernice urine and newsy smart, green black. Together we will view data for more than sixty major american cities in counties, we found that when the plan You say a rape has been cleared, it doesn't always mean has been solve a lot of the time. Suspects, walk, free arrests made no accountability. One place that stands out for clearing since this weighs Austin Texas. That's where Bernice in Mark follow the story. Next, Austin is a college town with a vibrant nightlife we're on six street
Downtown, a hub of bars and dance clubs. This stripped stays Z, most nights until the We hours, Marina, Conor came to six street. A lot when she was a student- a- U T, Austin, she grew up in a small Texas down, but always dreamed of moving here want to be around big thinkers by day and like so many college students to have fun at night, and she says she always felt safe island have any problem walking up and down the dry at night by myself, for it with just a friend you now walking to the corner store by myself, and I wasn't scared about the market- canvas- and I definitely wasn't scared about one night on six, three years ago, Marina and a friend sat on the curb waiting for a ride home. It was about to end. She says a man approached selling drugs and he asked ass if an intimate If you came in conversation and turn into that, really wanted to buy it if it was good
and the man said? Well, I will give her a bump if she comes into the alley with me and she can tell you if it's good or not Rina doesn't remember everything about that moment, but she says many details are crystal clear. In fact, she says they're impossible. Forget, and we should let you know that what she tells us is both violent and disturbing. Families means Valley leads me to I can rise two and were there the man that led me the parking her eyes? He saved my head against the wall, and then he read to me I remember crying I remember, I remember things too. And now a hands, and I remember the pain mostly as well. I remember out painful
It was every time you penetrated me. What I remember the mouse Marinas eyes are distant and her face sometimes titans, as she describes that night work Talking in the living room of her small Austin apartment, she still fully remember how she got home. I woke up My bad underwear were gone. And then things slowly starting to back to me, and then it Get me that I had been raped later, that night, Marinas sister her to a local organization for sexual assault, victims or staff, helped her get a medical exam and call police. It was about twenty four hour after the rape I did not, and that moment I do not understand why women didn't report and did not get it. I knew I was.
It dance eyes like. Why would you not report to the justice system that is going to find you it prosecutor and put him in jail like. Why? Would you not do that police just like police in many places around the country point to their clearance, it's as a measure of how well they're doing solving crimes like rape. Here's then assistant chief brine manly at a public safety commission meeting in two thousand. Sixteen we also want. To educate council on where we stand with our crime clearance rights? That is the very critical and and we measure of our performance and were fortunate that we do exceed the national averages on all categories, as you can see, with the homicide, the rapes, all three categories of robberies lumped together, mainly flips, through papers in his dark blue unit, The silver stars on his collar matches silver hair when he testifies, is interim chief, its
the council, the following year. This message stays the same again. He notes his department is exceeding the national average for solving crimes, or I envy active reports, Councilman Jimmy Flanagan, asks what he should make of. The clearance rates is is per cent of violent and property crimes cleared. A number that is that all useful is this member, actually uses a metric operationally. Yes, it is we compare ourselves nationally in and we are, above All of the of the standards compared to. I have the numbers here. If you want them as far as our clearance rates, but clear trait show the effectiveness of the work that we are doing so to us. We consider that a bad thing if our clearance rate is down, we want a high clearance rate what I want I am asked police insider says: there's a big difference
between wanting a high clearance rate and earning one either chief manly is being given that information from I was working underneath him or you know they're trying to propose something. That's not true, or they are reporting something. That's not true, lays down again retired from Ostend Police Department. Almost a year ago, after a quarter century on the force and nearly a decade as the sergeant in charge of the sex crimes unit, this is the this time. She's come forward about the way Austin PD handles rape crimes. At my level, I don't understand why you would not report something accurately. I don't get it you know and that's maybe be why gotten trouble list is a nationally recognised leader who regularly trains, other police agencies on how to better investigate rape and how to treat victims knowing her reputation. I ask why,
What did you do to get in trouble? I have been told on two different occasions from the same commander under two different lieutenants that I needed to go back in and look at these cases that were suspended and change the clearance coat because we were not up to the national average of exceptional Clarence in Austin. Strict requirements must be met before police can clear cases exceptionally, but loose says the cases is bosses wanted her to change did not meet those requirements. Still she says she was pressured to change cases from suspended to exceptionally cleared so that they would look like they were solved. That would help the city stack up better against other police departments around the country, and I told them that, if information I am, then that lends itself to this particular investigation that would have us change. The case. Closure
Then that will happen, but me going in and looking at these cases is not going to change the case closer. It is what it is lose tells me defying her boss, his orders came with a cost. Well, you know, I don't know what was going on behind the scenes. I mean I can only guess, but you know I eventually was removed from the unit in two thousand and eleven the next year, exceptional clearances spiked in twenty. Twelve we found the share of rape cases cleared by exceptional means, shot up by fifty percent. Higher rates continue through today, making it appear like the police solve. Rapes than they actually do for more than a month. Austin powers ignored our request for an interview, but after the mayor's office intervened, calling the Alley nations. Very serious chief Manly agreed to talk with us in the police headquarters media room. He sat near attack
this flag and a dark wooden podium mark outlined, loses claims to the chief sergeant. Shotguns assertions are that she was told directed on multiple occasions to go back in, and change clearance codes for the crime of rape from suspended to exceptionally cleared, and she said it was wrong to do when she refused the orderly. I think there was a difference of opinions on what the appropriate way to clear cases were. Yet you have no reason to believe she's not trustworthy. Now, I'm not here to make character assessments. I think we're here to talk about the data and all- and I think If we get back onto what we're here to talk about, it was a difference of opinions back in two thousand and eleven two thousand and twelve chief Manly says that in two thousand twelve supervisors analyzed how the department handled rape investigations. They concluded. They weren't doing it right that too many cases
or listed as suspended when they should have been exceptionally cleared, so they started. Clearing more cases by exceptional means, After lays down again left in the way that she'd refuse to do chief Manly says that's what accounts for the jump in exceptional Clarence in two thousand. Sixteen. There were more than eight hundred rapes reported to police and austin of those four percent were thrown out as false or baseless. Half of the rest were cleared, but look at how suspects were only arrested. Seventeen percent of the time twice as often thirty three percent of the time reported rapes were cleared by exceptional means Mark asks Chief Manly about telling the city council member that Austin has high crime clearance rates. Why did the chief not
also mention asked and high rate of exceptional clearances. Should you not also have gone on to tell him? We only are arresting- maybe seventeen or twenty percent a year, and perhaps that's information that he would have valued in that interchange. I believe I gave him a fair and accurate answer to his question without going into how many crimes were cleared exceptionally versus how often you make arrests again, I gave him a fair and accurate response, and I explained what that data is and how we stood compared to our comparative cities minced on. In sees it differently. I think it gives it a false sense to the community that this case has been thoroughly investigated and it's closed, its not truthful, and I think it just gives the apparent that we're able to clear more of these rates than we actually. Our data shows Austin, exceptionally cleared more than one thousand four hundred rape cases between two thousand and twelve and two thousand and seventeen
That means they didn't arrest. Anyone in those cases with the rates that are exceptionally cleared. You do believe that the awesome police department, something in the case file, means that you ve gathered enough evidence to support an arrest. Yes, I couldn't exceptionally cleared was. That means there are one thousand four hundred and sixteen people out there who the awesome police Department has established probable cause to make an arrest on, but has not made the arrest. There is no prosecution and there on the streets. That's a lot of people out there that you have problems cause you make an arrest on that you're not arresting. The unfortunate reality of sexual assault in this country is that the process itself unfortunately keeps
but has not made the arrest. There is no prostitution and there on the streets. That's a lot of people out there that you have probably caused to make an arrest on that you're, not arresting the unfortunate reality. Sexual assault in this country is that the process itself unfortunately keeps many survivors from Wanting They are to blame the victims here, I'm not blaming the victims and their survivors by the way, but I'm not blaming them. If we ve got a survivor who Misery is unwilling to participate in the investigative process. The detective will not stop the investigation at that point, they will still track down every possible lead and work that case. As far as they can and then at that point, if the survivor is still unwilling to cooperate, then it would be exceptionally cleared. Also weed and work that case. As far as they can go back to Marina the Austin College student, I told my dear,
I wanted to be involved in every sap. It's what do that? beginning that I wanted to be their Austin. Pd won't comment on her case or share her police report with us. Marina says they also haven't given it to her, but she says police did tell her. They found, the rape suspect here is described me into tea. He described my outfit from that night and case said that we had report with us. Medical exam after that night documented bruises, tears and trauma on the form in a section marked impression from exam examiner, typed sexual assault, among other findings, police. What the man go waiting for the rape kit samples to come back from the lab. I took two years and the lab didn't find dna evidence. Marina says she learns this from the police detective. I finally got to say
there be and was returning to school August, and she called me two weeks before us about to start back to tell me that case was closed. Marina couldn't believe it we reached out to the district attorney's office here and Travis County, and they wouldn't comment on marinas case, but did say they have additional facts. They can't share with us right now and then having enough evidence to arrest, isn't the same as having enough to convict Marina tells us she was Greece and insisted on talking to the prosecutor in the case, and I sat down on her and she immediately started strives hawk. I told her now as a euro. Let me talk. I disagree. I'm married to her, I made her Look at me. While I told her what happened to me. I was like you're going to look at me as a person
as the survivor, not as this file sitting in front of you and you're gonna. Tell me why you're not prosecuting my rapists and she told him csi effects. The sea, as I effect meaning juries, are influenced by crime. Tv shows like CSI or dna, always save the day, but in this case the man confirmed to police. He had sex with Marina. He gave the place and the date they she wasn't that it was whether this was consensual. Do you believe the jury should have been allowed to weigh that's all I wanted was to be in the within to police. He had sex with Marina. He gave the place and the date they she wasn't that it was whether this was consensual. Do you believe, gimme that they're using me- and he is my case to make it look like the citizen-
yeah. Mark in Bernice. You re some big questions about how much people can trust rape clearance numbers from police. So what am I supposed to do well the Balkans start to ask police about the difference and pointed out publicly for exam Well, it's City council meetings like the one that we heard in Austin the FBI, also, I should note slowly migrating to a different system of tracking crime. It's much more detail. And police will be specifically require to report to the feds. How many cases they exceptionally clear and say why but transparency alone does not necessarily solve this whole problem because we ve looked at the city, who are using the new system found that many continue to have very high exceptional clearance rates compared to arrests for rape, so some survivors
cousin to do it. Marina has done after her rate kit sat untested for years and her case was not prosecuted. She joined a lawsuit with their plaintiffs to sue the city of Austin, an Travis County for failing to bring justice to victims. I guess Most of the stories we heard today focused on how police are making it look like they ve solved cases when they ve only clear them, but, as we just heard with Marina story, prosecutors are also a big part of the problem. And that's why I want to focus on next. We great yeah we gotTa Minnesota and made a woman who accused a man of raping her prosecutors. Their refused charge him. So she does her own detective work. She actually cuts, all, into a teddy bear and hides a Cameron side. We have the secret recording she made from that. I can't wait to hear valuable very much. Thank you. Thank you out,
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Transcript generated on 2019-12-20.