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Letter From The Editor Opinion

Letter from an Editor: Moving Through Tough Times

Memphis experienced some difficult days in early September. It began with the news of the shocking early morning murder of Eliza Fletcher, who was jogging near the University of Memphis. And then, just as we were trying to wrap our heads around that heinous crime, the city was terrorized for hours by a raging gunman who drove around hijacking cars and shooting random people, killing three and wounding four. What the hell was going on?

Predictably, such spectacular crimes made the national news for several nights, helped in no small part by the fact that there were videos and photos available to more easily whet the interest of a national audience. Even British papers were reporting from Memphis.

And everybody had an opinion. Fox misinformation maestro Tucker Carlson weirdly laid the blame on “Liberals like Governor Bill Lee,” which gives you an idea of how accurate Tuck-em’s typical takes are. This is a pundit, after all, who just a couple days earlier claimed that “by any actual reality-based measure, Vladimir Putin is not losing the war in Ukraine.”

But still, Memphis was in the news, and not in a good way. On social media, the “I’m so glad I got out of that hell-hole” crowd was having a field day, which always makes me wonder: If life is so great in Keokuk, how come you’re still wasting your day bitching about Memphis on Facebook? But I digress.

Then the 96-year-old Queen of England did Memphis a solid by dropping dead in Scotland. (Surprisingly, despite the presence of Scotland Yard — which should be nearby, if it isn’t — there are still no suspects.) At any rate, thanks to the long and winding royal drama, Memphis was immediately off the national news radar, for which we were all grateful. As I write this, after 27 days or so of shuttling Queen Elizabeth’s coffin around the country, the Brits are about to have a funeral, it appears. By all accounts — including the Beatles’ — Her Majesty was a pretty nice girl. Godspeed. Now it’s up to King Chuck and Queen Camilla to begin performing the arduous duties of being gratuitously rich, entitled, and powerful for absolutely no reason.

Meanwhile, back in Memphis, as the heat of the national news spotlight cooled, we learned more about the crimes that galvanized us in early September. The Daily Memphian reported Monday that more than a year ago, a young black woman named Alicia Franklin reported a rape by the same man who is alleged to have murdered Fletcher. Her rape kit sat in limbo at a lab in Jackson, Tennessee, for months, and even after repeated calls from Franklin, police apparently felt no urgency to pursue the evidence. It was only when the Fletcher case arose that analyzing the earlier rape kit was expedited. Blame is being cast in several directions, including toward the undeniable fact that the state’s three forensics labs are woefully understaffed and under-budgeted. But the bottom line is, if police had pursued the evidence of the earlier rape with the same urgency they did with the Fletcher case, Fletcher might still be alive.

The Commercial Appeal reported on Sunday that the average time for a rape kit to be processed in Tennessee is 34 weeks. This is absurd and unacceptable. The state legislature needs to address this situation, and quickly. Rape kits should be processed within weeks, not months. And there should be no difference in urgency between a case of “just an average Black girl,” as Franklin described herself in the Daily Memphian, and a wealthy white woman.

All this, I suppose, is something of a prelude to this week’s cover story, “370 Great Things About Memphis.” The city has had some tough going lately and it’s easy during times like these to lose sight of the fact that good things — big and small — are happening every day in Memphis; that good people and caring organizations are doing great things to move us forward, to bring us joy and a sense of pride. We stopped counting at “370 great things” only because of space limitations. We could have listed hundreds more. At any rate, sometimes, it’s good to take a few minutes to count your blessings. It couldn’t hurt.

The Memphis Flyer is now seeking candidates for its editor position. Send your resume to hr@contemporary-media.com.

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News The Fly-By

Upcoming Domestic Violence and Sexual Assault Awareness Events Focus on Men

A full day of events addressing issues of sexual assault and domestic violence is planned for Thursday, June 25th, but the intended audience isn’t the demographic most affected by those crimes.

Rather than focus on women for these events, the Sexual Assault Kit (SAK) Taskforce is inviting men to be guests at its quarterly “community conversation” event. That public forum will be immediately followed by the annual Walk a Mile in Her Shoes event, where men are asked to don high heels for a one-mile awareness walk.

“Men have been basically silent on the issues of domestic violence and sexual assault. And the silence is what creates the permissive space for abusers to be abusive,” said Kevin Reed, the Shelby County judicial commissioner over the domestic violence court and a member of the SAK Taskforce.

David Wayne Brown

Participants in a past Walk a Mile event

The taskforce, which was established in January 2014 to deal with the city’s rape kit backlog, has been hosting quarterly public forums since its formation. The first few meetings lacked a theme, but they’ve begun narrowing the intended audience. Taskforce coordinator Doug McGowan said they invited women’s groups last time, and the next meeting will focus on student groups. But men’s groups are invited to this upcoming meeting, scheduled for 3 p.m. on June 25th at the Cannon Center for the Performing Arts.

“Men have to understand that we have a role to play. We want to come up with ways that men can be part of the solution, whether that’s holding each other collectively accountable or teaching the next generation of young men the expectations for behavior relative to domestic violence and sexual assault,” McGowan said.

The Memphis Area Women’s Council (MAWC) is behind the annual Walk a Mile event, which is in its fifth year. The walk kicks off at 5 p.m., immediately following the community conversation meeting. Participants will walk from the Cannon Center to the FedExForum Plaza, and while high heels aren’t required, they are encouraged.

“We as women aren’t giving up any responsibility or energy to change this. We’re saying that men have to unite with us,” said Deborah Clubb, executive director of MAWC and a member of the SAK Taskforce

After the walkers arrive at FedExForum Plaza, Mayor A C Wharton’s office will hold a press conference to announce the city’s launch of the Memphis Say No More campaign, a public-awareness campaign that will feature local celebrities and ordinary Memphians speaking out against rape and domestic violence on billboards and posters around town.

The events aren’t without critics. Meaghan Ybos, a rape survivor and activist, said the June 25th events won’t do much to solve the city’s rape kit backlog crisis.

“If Memphis wants to end rape, they can start by prosecuting rapists,” Ybos said. “It’s nice to have PSAs, but the problem in Memphis isn’t that people are unaware that these things are happening. People are very aware that we’re being raped. It’s the police that need to change.”

The SAK Taskforce reported last week that 53 percent of the total inventory of rape kits had been fully analyzed or are at labs awaiting analysis. Of that percentage, only 15 percent have been completely processed for DNA, but that number isn’t often publicly touted. Investigations have resulted in 98 requests for indictments of known individuals or DNA profiles.

When the taskforce began their work of getting the kits tested, there were a little more than 12,300 backlogged kits. Ybos has been critical of the city’s progress, and she says the city shouldn’t be combining the numbers for tested kits with those still awaiting testing at labs.

“That’s a slap in the face to victims because they’re misleading us by claiming progress for something that hasn’t been done yet,” Ybos said.

But Clubb said the tests sitting at labs are at least further along than they were before, when they were piled up for years in the city’s backlog.

“The labs can only do what they can do, and we’re using four labs,” Clubb said. “Other cities and counties are trying to get stuff to labs too, and rape kits aren’t the only thing the labs are trying to process. We can’t speed it up, but we’re staying on it.”

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News News Blog

Rape Kit Update

More than half of the total back-logged inventory of rape kits have now been analyzed or are awaiting analysis at labs, the city’s Sexual Assault Kit (SAK) Taskforce revealed today.

This month’s report shows that 53 percent of the kits have been tested or are at labs. As a result of the DNA tests conducted so far, the Memphis Police Department (MPD) has initiated 566 investigations — 163 are active and 403 have closed. Those closed investigations have netted 98 indictment requests of known individuals or for DNA profiles. There have been 58 suspects identified, and 26 of them are multi-case offenders.

The $1 million sexual assault kit storage facility is nearing completion, and the SAK Taskforce expects it will be ready for move-in by late July.

The MPD is asking anyone who has previously reported a sexual assault to call their hotline and check on the status of their case. That number is 901-636-3438.

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News News Blog

Rape Kit Backlog Continues to Decline

The amount of untested rape kits in Memphis continues to decline.

During the Memphis City Council’s Public Safety and Homeland Security Committee meeting Tuesday, it was revealed that 300 additional rape kits have been tested since last month.

Presently, 5,686 rape kits have received analysis or are at the forensic laboratory awaiting analysis. But another 5,846 kits remain untested. An additional 1,142 have been processed for serology (evidence of bodily fluids), but haven’t been sent off to a laboratory for DNA analysis. 

The Memphis Police Department (MPD) discovered 12,374 untested rape kits in late 2013 and early 2014. The sexual assault kits were reportedly taken as far back as 1975. 

The latest rape kit stats are below:

• 12,374 total rape kits discovered untested in 2013/2014

• 5,546 kits untested by end of February 2015

• 2,275 kits at forensic laboratories now

• 1,142 processed for at least serology

• 2,122 negative for serology

• 1,289 processed for DNA

• 375 investigations have been initiated

• 108 investigations remain active

• 267 investigations have been closed

• 36 individuals identified as being previously convicted

• 72 indictments issued

• 35 named suspects (20 multi-case suspects)

• 37 John Does (unidentified)

• 33 victims/suspects are deceased

• 39 victims declined to participate in an investigation

• 6 victims were unable to be located by law enforcement

• 54 cases were past the statute of limitations

• 23 cases had insufficient/degraded DNA

• 3 cases investigated did not meet the statute definitions of a crime

• 2 cases involved consensual partners

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News News Blog

Rape Kit Backlog Update

The latest update on the city’s rape kit backlog was disclosed during the Memphis City Council’s Public Safety and Homeland Security Committee meeting Tuesday morning.

Nearly 7,000 of the 12,374 untested rape kits discovered by the Memphis Police Department (MPD) in late 2013 and early 2014 still await laboratory analysis.

According to the Sexual Assault Kit (SAK) Taskforce, at the end of January, there were still 5,846 untested rape kits. Another 1,142 have been processed for serology (evidence of bodily fluids) but haven’t been sent off to a laboratory for DNA analysis. This leaves the number of kits that have been analyzed or are at the lab awaiting analysis at 5,386.

“We’ve made improvement on every front, from the number that have come back for DNA to the number that have come back that are negative for serology,” said Doug McGowen of the SAK Taskforce. “We’ve made significant progress since last month.”

Kit testing thus far has enabled the MPD to initiate 352 investigations. Of that amount, 127 are active, and 225 are closed.

MPD investigations have resulted in 58 indictments. Of this number, 25 rapists have been identified.

Individuals convicted of aggravated rape face up to 60 years in prison.

The latest rape kit backlog numbers are below:

• 12,374 total rape kits discovered untested in 2013/2014

• 5,846 kits untested by end of January 2015

• 2,375 kits at forensic laboratories now

• 1,142 processed for at least serology

• 1,965 negative for serology

• 1,046 processed for DNA

• 352 investigations have been initiated

• 127 investigations remain active

• 225 investigations have been closed

• 28 individuals identified as being previously convicted

• 58 indictments issued

• 25 named suspects

• 33 John Does (unidentified)

• 28 victims/suspects are deceased

• 33 victims declined to participate in an investigation

• 5 victims were unable to be located by law enforcement

• 47 cases were past the statute of limitations

• 23 cases had insufficient/degraded DNA

• 3 cases investigated did not meet the statute definitions of a crime

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News The Fly-By

Several Thousand Rape Kits Still Await Analysis

More than 7,400 of the 12,374 untested rape kits discovered by the Memphis Police Department (MPD) in late 2013 and early 2014 still await laboratory analysis.

The latest update on the city’s rape-kit backlog, which includes sexual assault kits taken as far back as 1975, were disclosed during the Memphis City Council’s Public Safety and Homeland Security Committee meeting on Tuesday, January 20th.

According to the Sexual Assault Kit (SAK) Taskforce, by the end of December, there were still 6,340 untested rape kits. Another 1,142 have been processed for serology (evidence of bodily fluids) but haven’t been sent off to a laboratory for DNA analysis.

This leaves the number of kits that have been analyzed or are at the lab awaiting analysis at 4,892.

“Testing the kits is the easy part,” said Doug McGowen of the SAK Taskforce. “We’ve already started 280-plus investigations. Each investigation takes 40 hours of police officer time. It’s going to cost a significant amount of money to put police officers and the significant support in place to do the number of investigations that we’re going to have to do.”

It’s estimated to cost more than $6.5 million to test all of the city’s backlogged rape kits. Thus far, the city has reportedly allocated $4.25 million, and the state has provided $1 million toward kit testing. 

A funding gap of $512,855 remains. The gap must be closed before the city can access a $750,000 challenge grant that was awarded by the Plough Foundation to help in the city’s kit testing.

To fill the gap as well as provide additional personnel for investigations and prosecutions, the SAK Taskforce has applied for funding being offered by the Manhattan District Attorney’s office. The agency has committed to providing $35 million for rape-kit testing nationwide.

The SAK Taskforce will also apply for the White House/Department of Justice Grant Program, which is allocating $41 million to help eradicate the nation’s rape-kit backlog and improve sexual-assault investigations. The program has yet to begin accepting applications.

Additional funding for kit testing has come in the form of individual donations. More than $12,000 has been collectively donated to the Community Foundation of Greater Memphis’ Sexual Assault Resource Fund. 

A climate-controlled storage room that can hold up to 50,000 pieces of DNA evidence is projected to be completed by late May. The city council allocated $1 million to the MPD for its establishment. The storage room will be located in the old International Harvester building.

“We have an unprecedented opportunity to get additional justice in our community,” McGowen said. “We understand that there are individuals who are worrying about the status of their case and do not have closure in that part of their lives. This work is so important to do.”

Rape Kits By the Numbers:

• 12,374 total rape kits discovered untested in 2013/2014

• 6,340 kits untested by end of December 2014

• 2,075 kits at forensic laboratories now

• 1,142 processed for at least serology

• 1,771 negative for serology

• 1,046 processed for DNA

• 281 investigations have been initiated

• 105 investigations remain active

• 176 investigations have been closed

• 21 individuals identified as being previously convicted

• 52 indictments issued

• 19 named suspects

• 33 John Does (unidentified)

• 22 victims/suspects are deceased

• 30 victims declined to participate in an investigation

• 2 victims were unable to be located by law enforcement

• 28 cases were past the statute of limitations

• 19 cases had insufficient/degraded DNA

• 3 cases investigated did not meet the statute definitions of a crime

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News The Fly-By

New Fund Established to Help Test City’s Rape Kits

Testing the thousands of backlogged rape kits that surfaced in Memphis last year is estimated to cost more than $6.5 million, and officials said this month that more than $3.7 million is still needed to reach that goal. 

The Memphis Police Department (MPD) and the Shelby County Sheriff’s Office (SCSO) have funded the effort so far through direct support from the Memphis City Council, grants from the Tennessee Bureau of Investigation and the Federal Bureau of Investigation, and a $750,000 challenge grant from the Plough Foundation that will be issued once the funding gap is closed.

But a curious new source of funds has emerged. A private, anonymous donor gave $10,000 to the effort this month. The anonymous donor parked those funds at the Community Foundation of Greater Memphis (CFGM). In doing so, the donor established the Sexual Assault Resource Fund, which is now open to anyone looking to help clear the rape kit backlog. 

“I think it’s really going to fill the gap,” said Sutton Mora Hayes, vice president of the CFGM. “It will help get additional testing that needs to be done, but it will also help the organizations that work with victims. It will help [the organizations] with training and capacity building.”

Hayes said, for example, the fund could be used to support hiring more victims’ counselors at the Shelby County Rape Crisis Center. Or it could be used, she said, for technical assistance, policy work, training law enforcement, or just processing more rape kits. The final decision on how the funds are used is up to a panel comprised of members from the Cross-Functional Team, which oversees the rape kit testing project.

Funds like this are not unusual to the CFGM, Hayes said. The foundation has worked with the city and county on several projects in the past, including the purchase of the land for the Shelby Farms Greenline. 

In related news, construction is set to begin next month on a new building to store rape kits and all DNA evidence for the MPD and the SCSO. 

Rape kits have been moved over the years from the old MPD headquarters at 128 Adams, to 201 Poplar, and then to the MPD’s property and evidence storage facility in the old International Harvester building. These moves were part of the confusion that led to the rape kit backlog.

The new space will be built at the Harvester location with the capacity to store about 60,000 kits. The facility will be climate-controlled and come with a price tag of about $1 million. Construction is estimated to take about four months.

Progress is being made in the situation with 222 investigations launched since the untested rape kits surfaced in May 2013. But fixing the problem will be anything but quick or cheap in the long run.  

Testing all of the kits could take up to five years, according to a report from the Cross-Functional Team. The one-time glut of cases into the system has created a glut of work for law enforcement and prosecutors. Both will need more employees (and more money to pay them) to conclude the project.

Rape kit backlog by the numbers:

• 12,374 total rape kits discovered 

• 6,722 not yet tested

• Nearly 5,000 of those kits collected before DNA testing existed

• 2,495 now being tested, majority at a private lab

• 222 investigations initiated based on testing

• 90 investigations remain active

• 132 investigations have been closed

• 20 individuals identified as being previously convicted

• 34 indictments issued

• 14 of those are suspects based on hits from the FBI’s Combined DNA Index (CODIS) System

• 20 suspects remain as John Doe, not identified

• 18 cases closed because victim or suspect has died

• 21 cases closed because victims have been contacted but did not want to participate in a further investigation

• 27 cases not caught before the statute of limitations expired

• 3 cases investigated did not meet the statute definitions of a crime