2020 FOIA Request
FOIA Documents
Jurisdiction Type
City
Response
Untested Kits Discovered
60
Why did we send the FOIA?
In 2020, California Attorney General Xavier Becerra released a report, announcing at least 13,929 untested kits in the state. Pursuant to AB 3118, the Department of Justice is mandated to collect information from all law enforcement agencies (LEAs), “medical facilities, crime laboratories, and any other facility that maintains, stores, or preserves sexual assault kits.” However, only 149 LEAs and crime labs out of 708 submitted data, and we still do not know the extent of the backlog in California. To shed light on the true extent of the backlog in California, through The Accountability Project, Joyful Heart has issued public records requests to police departments in the 21 largest cities in California that have not participated in the inventory.
What did we discover?
Our partners at Goodwin submitted an open records request to the Garden Grove Police Department on October 24, 2020. On October 28, 2020, the PD responded stating that the PD does not complete annual audits, and provided Garden Grove PD Training Bulletin 2018-14, which covers the most current process in sexual assault kit collection.
On November 23, 2021, the Orange County Sheriff’s Department (OCSD) responded in the name of the lab. Although the OCSD did not provide any policy or procedures, the letter provided data on kits collected between 2000-2021. Based on this, 411 cases were received, of which, 351 were tested, 60 were untested, and 11 were pending. On November 29, 2021, our follow up call to the OCSD uncovered that:
– The only reason not to analyze a kit is if victim does not want testing done, or “in very rare occasions” where the agency concludes that no crime has occurred;
– Regardless of DNA analysis, the sample would be returned to Garden Grove;
– The Sheriff’s Department declined to release the Orange County Crime Lab’s internal policies and procedures, including changes made to lab protocols and DNA testing protocols.
On November 23, 2021, the Orange County Sheriff’s Department (OCSD) responded in the name of the lab. Although the OCSD did not provide any policy or procedures, the letter provided data on kits collected between 2000-2021. Based on this, 411 cases were received, of which, 351 were tested, 60 were untested, and 11 were pending. On November 29, 2021, our follow up call to the OCSD uncovered that:
– The only reason not to analyze a kit is if victim does not want testing done, or “in very rare occasions” where the agency concludes that no crime has occurred;
– Regardless of DNA analysis, the sample would be returned to Garden Grove;
– The Sheriff’s Department declined to release the Orange County Crime Lab’s internal policies and procedures, including changes made to lab protocols and DNA testing protocols.
More Accountability Targets in California
Bakersfield, CAConcord, CACorona, CAFremont, CAFresno, CAFullerton, CAGlendale, CAHayward, CALong Beach, CAOrange, CAOxnard, CAPasadena, CAPomona, CARedding, CASacramento, CASalinas, CASan Bernardino, CASan Diego, CASan Jose, CASanta Barbara, CASanta Cruz, CASanta Monica, CASanta Rosa, CAShasta County, CASimi Valley, CAStockton, CATorrance, CAVallejo, CAVisalia, CA
Why Accountability?
Right now, we do not know the full extent of the national rape kit backlog because few states require law enforcement agencies to count, track, or test rape kits. The Accountability Project aims to bring greater transparency and accountability to rape kit testing practices across the country.