Connect with us

Published

on

Advertisement

A San Francisco sex assault victim is suing county and city officials after she says DNA from her rape kit was used against her years later

A San Francisco sex assault victim is suing city and county officials after she says her rape kit was improperly used to add her DNA to a police database, where investigators allegedly later used it against her in a criminal case, according to her attorneys.

The woman, identified only as Jane Doe in court documents, is suing both the city and county of San Francisco, Police Chief Bill Scott, the department’s crime lab director Mark Powell, the criminalist Kelley Fracchia and SFPD Office Sylvia Lange as well as 50 unidentified defendants, according to Monday’s court filing.

“Plaintiff Jane Doe, a sexual assault survivor, was re-victimized by this unconstitutional practice,” reads a lawsuit filed Monday in the U.S. District Court for the Northern District California. “In 2016, she provided a DNA sample to the San Francisco Police Department as part of its investigation into her sexual assault. However, she never consented to it to be stored or used for any other purpose.”

But the department allegedly kept her DNA on file for at least six years, according to the lawsuit, and “routinely ran crime scene evidence though this database that included Plaintiff’s DNA without ever attempting to get her consent or anyone else’s consent.”

This is the portion of the California Governor’s Office of Emergency Services consent form victims sign when submitting their DNA evidence for a sex assault investigation.

Doe’s lawyers from the Oakland-based Pointer and Buelna law firm were expected to reveal more details at a Monday news briefing.

Eventually, the DNA sample led to her arrest on unrelated burglary charges – which were later dropped, according to the lawsuit.

Former San Francisco District Attorney Chesa Boudin told the Associated Press in March that the circumstances of the creation of Doe’s DNA sample led him to drop the felony burglary charges.

San Francisco Police Chief Bill Scott speaks at a news conference about crime against Asian Americans and Pacific Islanders in San Francisco, California, U.S., January 25, 2022.

A copy of a blank patient consent form makes no mention of adding the victim’s DNA to a database and notes that the signee can withdraw their consent at any time.

The lawsuit alleges a violation of Doe’s constitutional rights, injuries and damages, breach of duty, negligence, unlawful search and seizure and unlawful arrest.

Then-San Francisco District Attorney Chesa Boudin speaks to a crowd of supporters at his recall election party in San Francisco.

Advertisement

“Since at least 2015, the City and County of San Francisco…has had a policy and/or practice of playing DNA samples taken from crime victims as part of the investigation into the crimes they suffered and/or reported into a ‘quality assurance’ database without the victims’ consent or knowledge,” the lawsuit reads. “Defendant CCSF maintained the victim’s DNA in the database into perpetuity and tested any genetic material taken from any and all subsequent crime scenes against all DNA samples in the ‘quality assurance’ database.”

The lawsuit is seeking an unspecified payout for damages, the removal of Doe’s DNA from the police database and an order prohibiting the city and county from storing similar victims’ DNA in the future.

City police said the department does not comment on pending cases, but shared a February statement from Chief Scott on the matter.

“We must never create disincentives for crime victims to cooperate with police, and if it’s true that DNA collected from a rape or sexual assault victim has been used by SFPD to identify and apprehend that person as a suspect in another crime, I’m committed to ending the practice,” he said at the time.

San Francisco Police Chief Bill Scott is among several officials named in a lawsuit against the city and county of San Francisco alleging misuse of DNA collected from a sex assault victim’s rape kit.

“I am informed that our existing DNA collection policies have been legally vetted and conform with state and national forensic standards,” the chief continued. “However, there are many important principles for which the San Francisco Police Department stands that go beyond state and national standards. We have long embraced sanctuary for our undocumented immigrant communities, for example, and we years ago ended the practice of using condoms as evidence in prostitution cases.”

He went on to announce a review of the department’s DNA collection practices.

Advertisement

Crime

South Carolina Governor Declares State of Emergency

Published

on

By

Advertisement





File Photo

COLUMBIA, S.C. – Governor Henry McMaster today signed an executive order declaring a state of emergency and activating the state’s emergency operations plan, which enables state agencies to prepare for Hurricane Ian’s potential impact to the state. The governor’s order directs the South Carolina Emergency Management Division to coordinate with all relevant state agencies and to be prepared to respond to any requests for state assistance from county emergency managers.

“It’s still too early to know exactly how Hurricane Ian will affect South Carolina, but preparations at the state level are well underway, and this declaration of emergency is another step in that process,” said Gov. Henry McMaster. “We do know we’ll see a lot of rain and significant storm surge on our coastline over the coming days – now is the time for each South Carolina to make plans for every contingency and be prepared.”

Facebook Comments




News by Breaking911

Advertisement

Continue Reading

Crime

SHOCK VIDEO: N.C. Police Officer Shot at Point-Blank Range By 14-Year-Old Boy

Published

on

By

Advertisement





CHARLOTEE, NC (Scroll down for video) – ​On Monday, December 27, 2021, officers were dispatched to a Larceny from Vehicle in progress call for service in the 6100 block of Winged Elm Court. The caller also advised that the suspect had pointed a firearm at a nearby citizen. Responding officers made contact with the suspect, who fled on foot. At the time, it was not known that the suspect was a juvenile. During a brief foot chase, the armed suspect fired at the pursuing officer, Elliott Whitley, striking Whitley in the shoulder. Officer Whitley returned fire and the suspect was not struck.

Advertisement







The suspect continued to run with the weapon towards a heavily populated apartment complex as well as in the direction of other responding officers who were able to take the suspect into custody.

Officer Whitley was transported to an area hospital and was treated for non-life-threatening injuries. The suspect was later identified as a 14-year-old who had an extensive felony history including charges in 46 criminal cases dating back as far as 2014.

The CMPD Homicide Unit responded to the scene to lead the investigation, and Crime Scene Investigation responded to collect physical evidence. Representatives of the Mecklenburg County District Attorney’s Homicide Prosecution Team also responded to assist.

As is standard procedure with any officer-involved shooting, the Internal Affairs Bureau conducted a separate but parallel investigation to determine whether CMPD policies and procedures were adhered to during the incident.

The investigation determined that Officer Whitley was justified in his actions, including returning fire, due to the deadly threat posed by the suspect.

Officer Whitley was placed on paid administrative leave, which is standard policy whenever an officer discharges a service weapon. For additional information about this case, please refer to the report: 20211227-0720-01.

Facebook Comments




News by Breaking911

Advertisement

Continue Reading

Crime

Kevin Spacey Pushes to Limit Testimony From Ghislaine Maxwell Witness

Published

on

By

Advertisement




Lawyers for actor Kevin Spacey are trying to bar an expert who testified in convicted sex trafficker Ghislaine Maxwell‘s federal (more…)

Advertisement

Continue Reading
Advertisement
Crime8 hours ago

South Carolina Governor Declares State of Emergency

Crime9 hours ago

SHOCK VIDEO: N.C. Police Officer Shot at Point-Blank Range By 14-Year-Old Boy

Crime9 hours ago

Kevin Spacey Pushes to Limit Testimony From Ghislaine Maxwell Witness

Crime10 hours ago

High Ranking MS-13 Leader Sentenced to Life

Crime10 hours ago

Critics Say Netflix’s Jeffrey Dahmer Series Insults Victims, Glorifies Serial Killer

Crime11 hours ago

Allegations against metro Atlanta police officer leads to her resignation – [VIDEO]

Crime11 hours ago

Tequila Theft Leads to Struggle at Texas Liquor Store

Crime11 hours ago

Rapper Coolio Dies at Age 59

Crime12 hours ago

Judge Allows Waukesha Parade Massacre Suspect to Represent Himself

Crime12 hours ago

North Carolina Governor Declares State of Emergency

Crime12 hours ago

‘Stop Talking and Listen’: Waukesha Parade Attack Suspect Ticks Off Judge Going Through Case Law

Crime13 hours ago

BREAKING: Rapper Coolio Dead at 59

Crime13 hours ago

Waukesha Parade Massacre Suspect and Judge Have Another Disagreement

Crime14 hours ago

BREAKING: Virginia Governor Declares State of Emergency

Crime14 hours ago

Journalist Arrested While Reporting Sues for First Amendment Violation

Crime14 hours ago

Former Baltimore Police Officer Sentenced To 21 Months In Prison For Planting A BB Gun On An Innocent Man

Crime15 hours ago

Virginia Delegate Allegedly Assaults Opponent at Republican Fundraiser (VIDEO)

Crime15 hours ago

Shocking video released shows acquitted North Texas ex-cop shooting unarmed man, DOJ review requested

Crime15 hours ago

15 Year Old Girl Killed In Shootout With Police And Her Father

Crime16 hours ago

Sandy Hook Mom Becomes Emotional While Testifying About Daughter

Covid-191 year ago

Nurse Whistleblower Breaks Down, Cries in LIVE Tell-All Interview

Proud Boys1 year ago

Proud Boys fighting Antifa in Portland… Raw

Crime3 months ago

Denton Doc’s Bail Bondsman Arrested After Kicking In Woman’s Front Door Without A Warrant

John McAfee1 year ago

Watch: Mysterious McAfee Q message posted 30 minutes after his death… John McAfee…. The DEEPSTATE

Missing11 months ago

AT LEAST NINE BODIES DISCOVERED DURING MANHUNTS IN PETITO CASE

Crime1 year ago

Multiple Walt Disney Employees Among 17 Suspects Arrested in Undercover Child Predator Operation

Crime1 year ago

WATCH: Man Dies After Being Filmed Hanging Off Sky Ride at Amusement Park

Crime1 year ago

Family of 3, along with dog, found dead in forest in Mariposa County

News1 year ago

Texas Dem Who CNN Touted as a “Voting Hero” Was Just Arrested For Voter Fraud

George Floyd1 year ago

George Floyd Statues in Brooklyn and Newark Painted Black

Election 20201 year ago

Postal Employee Admits Dumping Mail, Including Election Ballots Sent to West Orange Residents

Viral Video10 months ago

BREAKING: POLICE GIVE UPDATE ON WISCONSIN TRAGEDY, CONFIRMS ‘MULTIPLE FATALITIES’ INCLUDING CHILDREN

Crime7 months ago

VIDEO: Woman Fatally Shot After Stabbing Cop Serving Eviction Notice

Election 20201 year ago

HUGE new evidence pointing to massive voter fraud in Fulton County

Crime1 year ago

Arizona State Senator Resigns Following Arrest on Seven Felony Child Sex Abuse Charges

Crime1 year ago

Attempted kidnapping of 11-year-old girl caught by surveillance camera in West Pensacola

board of education meeting12 months ago

Man tackled during Loudoun County board of education meeting

Crime6 months ago

VIDEO: Man Sought In Murder Investigation Is Shot Dead By Police During Foot Chase In Cincinnati

Capitol siege1 year ago

FBI releases new footage of suspects assaulting police in January 6 Capitol attack

Crime1 year ago

Former Superior Court Judge sentenced for sex crimes

Crime2 weeks ago

Female Officer Gets Shot By Suspect During Chase But She Still Manages To Fatally Shoot Him While On The Ground

Wanted5 months ago

WANTED: Police searching for suspect in Queens killing

Crime6 months ago

VIDEO: Man Sought In Murder Investigation Is Shot Dead By Police During Foot Chase In Cincinnati

Car Accident7 months ago

9 Dead, Including 6 Students And A Coach, In Crash Involving University Of The Southwest Golf Teams

Crime7 months ago

VIDEO: Woman Fatally Shot After Stabbing Cop Serving Eviction Notice

hate crime7 months ago

Video of black suspect beating elderly Asian woman in Yonkers, New York

Viral Video7 months ago

VIDEO: Mentally Deranged Man Starts Stabbing Employees At NYC Museum Of Modern Art! (*Disturbing Footage*)

Crime7 months ago

83-year-old Transgender Serial Killer Arrested for Hiding Body Parts

Crime7 months ago

Killed A Customer: Handyman Charged With Murder After Woman’s Body Found In Septic Tank!

Attempted Murder7 months ago

Former UFC Champion Cain Velasquez Charged With Attempted Murder After Shooting At Suspected Child Molester!

Uncategorized7 months ago

WATCH : 17 people executed in broad daylight (Graphic Video)

Crime7 months ago

SEE IT: Off-Duty Officers Go At It With An Armed Driver Outside Of A Bar

Crime7 months ago

Pennsylvania Uber Driver & Mother Of Four Pleaded For Her Life Before Being Shot In The Head … Suspect Arrested!

Assault7 months ago

FLORIDA: Man arrested after shooting dog in the face in Holiday

Crime8 months ago

VIDEO: Knife Wielding Hostage Taker Gunned Down By New Jersey Police

Crime9 months ago

VIDEO: Man dripping in sanitizer catches into flames after getting tased by police in New York

Crime9 months ago

VIDEO: Austin police officer punch woman resisting in the head

Assault9 months ago

Video: Burger King employee beaten over slow service in Brooklyn

Crime9 months ago

New Shocking Video in Fatal Burlington Store Shooting of 14-Year-Old Released

Crime9 months ago

Man destroys merchandise, tries setting Palm City 7-Eleven on fire

Trending

Copyright © 2021 Trending Crime by TSD