2019 FOIA Request
FOIA Documents
Jurisdiction Type
Laboratory
Response
Untested Kits Discovered
Unknown
Why did we send the FOIA?
In 2019, in accordance with state law, the state Executive Office of Public Safety and Security (EOPSS) reported finding 387 untested rape kits across Massachusetts, with only 87 out of more than 400 law enforcement agencies reporting. To uncover the true extent of the backlog in Massachusetts, in that same year, Joyful Heart issued public records requests to police departments in the largest 15 cities in the state and the State Police Crime Laboratory as part of The Accountability Project.
What did we discover?
1. Massachusetts State Crime Laboratory responded to our FOIA request and sent files of data from 13 jurisdictions (Brockton, Cambridge, Fall River, Haverhill, Lawrence, Lowell, Lynn, Malden, New Bedford, Newton, Somerville, Waltham, and Worcester), dating between 2000 and part of 2018.
2. The Crime Lab reports have numerous cases where DNA testing was not completed for a kit. In some cases a reason is noted on the spreadsheets provided by the lab in response to our requests. Reasons include “determination made by law enforcement and prosecuting agencies not to test”, “case closed – no response to state inquiry”. There are countless other cases noted where the kit was not tested with no reason given. The lab stated that kits do not go untested due to lab capacity, and the Department of Justice reviews such cases with untested kits where no reason was noted down. We do not know the true number of untested kits at the lab.
3. Starting in 2018, following the passage of S.2371, all kits submitted to the lab are tested. However, some of the older kits in reported cases were labeled as “untested” in the lab records. The lab stated that the Massachusetts State Police Department reviews such cases where no reason was noted; Joyful Heart is requesting information on this process. The lab also stated kits do not go untested due to lab capacity. We do not know the true number of kits that did not go through DNA testing at the lab.
4. Comparing data directly submitted by jurisdictions, we found that there are data inconsistencies between the State Lab’s records and what the local PDs submitted as a response to our FOIA request. For instance, Waltham PD reported submitting 15 kits to the lab in 2012, whereas the lab reported receiving only 13 kits the same year. Waltham PD reported submitting 10 kits in 2016, whereas the lab reported 11 kits. These mismatching data points demonstrate a kit tracking problem in Massachusetts, where jurisdictions do not maintain or report sexual assault kit records with accuracy.
5. The lab data only reflects kits sent to the lab, and not the kits backlogged at hospitals, law enforcement agencies, or other agencies in the chain of custody.
2. The Crime Lab reports have numerous cases where DNA testing was not completed for a kit. In some cases a reason is noted on the spreadsheets provided by the lab in response to our requests. Reasons include “determination made by law enforcement and prosecuting agencies not to test”, “case closed – no response to state inquiry”. There are countless other cases noted where the kit was not tested with no reason given. The lab stated that kits do not go untested due to lab capacity, and the Department of Justice reviews such cases with untested kits where no reason was noted down. We do not know the true number of untested kits at the lab.
3. Starting in 2018, following the passage of S.2371, all kits submitted to the lab are tested. However, some of the older kits in reported cases were labeled as “untested” in the lab records. The lab stated that the Massachusetts State Police Department reviews such cases where no reason was noted; Joyful Heart is requesting information on this process. The lab also stated kits do not go untested due to lab capacity. We do not know the true number of kits that did not go through DNA testing at the lab.
4. Comparing data directly submitted by jurisdictions, we found that there are data inconsistencies between the State Lab’s records and what the local PDs submitted as a response to our FOIA request. For instance, Waltham PD reported submitting 15 kits to the lab in 2012, whereas the lab reported receiving only 13 kits the same year. Waltham PD reported submitting 10 kits in 2016, whereas the lab reported 11 kits. These mismatching data points demonstrate a kit tracking problem in Massachusetts, where jurisdictions do not maintain or report sexual assault kit records with accuracy.
5. The lab data only reflects kits sent to the lab, and not the kits backlogged at hospitals, law enforcement agencies, or other agencies in the chain of custody.
More Accountability Targets in Massachusetts
Boston, MABrockton, MACambridge, MAFall River, MAHaverhill, MALawrence, MALowell, MALynn, MAMalden, MANew Bedford, MANewton, MAQuincy, MASomerville, MASpringfield, MAWaltham, MAWorcester, MA
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.