Planning to schedule a call to include Jim Markey and Crystal Daye. Request sounds like a modified version of the SAKI SAU Assessment.
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Lisa sent the following email to Fresno:
Good Afternoon,
I hope this email finds you well. I am reaching out for our monthly check-in on your progress and to ask if there are any training and technical assistance needs that you have at this time. These check-ins are an effort to facilitate regular communication and make sure that your site is receiving the training and technical assistance you need.
Have you had any recent success stories that you would like to share with BJA or the SAKI TTA team? This could include any specific achievements, goals, milestones, or challenges addressed that you would consider successes under the SAKI project as well as news stories on arrests or convictions.
I will be on PTO from June 30th through July 3rd, returning on Monday, July 6th. If any urgent needs arise during this time, please contact the SAKI TTA help desk at sakitta@rti.org or call me on my cell phone at 907-306-9674.
I hope you all have a safe and happy 4th!
Fresno responded with the following:
Good morning Lisa,
All is well here in Fresno as we continue investigating cases. We have several trails tentatively scheduled; however, COVID has definitely changed the court process and timelines. Finally, we are awaiting the SAKI 2020 award to see if our agency is selected. This will most certainly assist us in addressing the next step in achieving sustainability.
Thanks so much for checking in; hope you enjoy your week off.
Lisa responded with the following:
Hello Detective Cooney,
I hope you all had a nice 4th of July holiday weekend. Thank you for the updates; this is exciting news that there are several trials scheduled. Will they be virtual or in-person? I will let you all know as soon as I hear when BJA plans to announce the 2020 SAKI awards.
Please be in touch with any needs or questions that may come up over the next few weeks; I will check back in at the beginning of August.
Stay well.
Amanda reached out to several law enforcement SMEs and AEquitas. Below is a summary of their recommendations.
It is recognized that testing is important for the victim and can be used as evidence of due diligence in both civil and criminal litigation. Without testing either a civil or criminal defense attorney would call in to question the absence of testing in the context of national best practice. A private lab could do the test and would require a sample from the defendant. This could likely be obtained from a civil discovery order.
If a private lab conducted the testing the victim would be responsible for the transfer (chain of custody) to the lab and cost of testing. Any profile would not be eligible for CODIS.
Recommended to check with the employer. Did the victim report to the employer? Was an internal investigation done? If so, what are the results/findings? Can the victim get a copy of the report?
It was unclear why the Maine lawyer recommended that it is necessary to have the SAK tested to pursue any civil action. Certainly, it is probably going to be helpful to have the SAK tested in the course of civil litigation, but it is not a predicate. It is recommended to check in with some other civil attorneys. Finding informed counsel in Maine might also help to persuade the prosecutor and Auburn PD to have the SAK properly tested. It is not clear why a toxicology report was tested but the SAK was not. If the SAK is tested and a DNA profile is found, its possible that it might match to something in CODIS.
In pursuing a civil suit, it sounds like it’s easy to prove that the offender and victim had contact, that she reported it, to depose and subpoena the Auburn PD about their investigation (or lack thereof) and depose the offender. Now the offender could assert a 5th amendment privilege, which could be used as an adverse inference in a civil action, but the offender could also be asked if he’s ever been accused or investigated for this in the past. You could subpoena employment records. Did the offender’s employer have a basis to be aware of the risk presented by this employee? And of course all of this is with a lighter burden of proof.
At this time, we do not have any specific contacts to provide in Maine.
the WI DOJ site coordinator responded that she spoke with the survivor to share this information and she was very grateful that folks took the time to offer assistance. She relayed that she hasnt always felt heard through this process and really appreciated everybody's efforts. The WI DOJ site coordinator noted that she is proud to have such a great network to collaborate with.
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