The deputy chief offers a critique

Thumb1

Deputy Chief Tom Stolz wanted to meet with me about my last story, the city’s public information officer, Van Williams, told me last week.

Stolz said he thought I’d left out some important information in the story about the Wichita Police Department’s procedure for handling evidence.

Every day as a reporter, I sift through materials and interviews, trying to pick out the most pertinent facts to craft into a story. We try to take complicated issues and make them easy for people to understand. I rarely use an entire interview. Sometimes our sources question those choices. That’s natural.

“You made it sound like the Wichita Police Department just does whatever they want with evidence,” Stolz said.

That wasn’t my intention, but that was his perspective. So we met Monday afternoon at City Hall with Williams, a former colleague at the Eagle.

Although I used most of our 12-minute interview in the story, Stolz said he felt I missed three points:

  • Evidence from some older cases was lost when it was kept in a garage, where the roof caved in due to a storm in 1990. I included that detail in the original story on Feb. 13 about Ronnie Rhodes’ conviction for a 1981 murder he says he didn’t commit. Stolz said he would have appreciated it being repeated.
  • The Wichita police always have kept evidence in uncharged cases for as long as the statute of limitations is active for a particular crime. I had not chosen that detail because the story was mainly about a murder case. There is no statute of limitations on murder. Stolz said it explained the police procedure in more detail.
  • Once a case goes to trial, Wichita police are required by law to keep evidence for as long it’s needed for trial and through appeals. The police department, by law, cannot dispose of evidence without a court order.

I’d quoted Ann Swegle, a deputy district attorney, as saying the WPD followed those orders in most cases. The Rhodes case has not yet revealed any court orders allowing for the destruction of evidence.

Lack of specific polices, and different procedures used by law enforcement, are reasons why 33 other states have enacted laws specifying how evidence should be maintained.

Stolz made it clear he wasn’t criticizing the accuracy of the facts I included or his quotes. He just wished I would have included the other information. I told him we could add those details in a follow-up story, as police work to implement a policy on how to preserve evidence, especially in murder cases.

When we left the meeting, we agreed I’d give Stolz a heads-up on which quotes I would be using and check facts he’d given me. That way, he’d have a chance to point out anything that might be missing. When this blog post appears, you’ll know I’ve done that.

Anyone I interview may ask for the same courtesy.

Because really, just as police want to get the right suspect, reporters want to get the right story.

Just as people can comment on these posts, and I often respond, when someone criticizes a story in any forum, we’ll listen.

Read the next post in this series.

See all posts in this series.

WPD has no policy for keeping evidence

Thumb1

Destroying evidence in Ronnie Rhodes‘ case might have been against Wichita Police Department policy — if it had one.

“We have no policy in our very thick policy and procedural manual that states how long evidence will be kept,” said Tom Stolz, deputy chief of the WPD investigations division. “We go into great detail about how to collect it and where it goes and how to preserve it. But we have no policy that talks about how long you have to keep it.”

The Sedgwick County Sheriff’s office, meanwhile, has a detailed written policy for retaining evidence, based on a state law requiring a court order.

Such discrepancies between agencies illustrate why 33 states have passed laws mandating how long evidence should be kept.

Kansas isn’t one of them.

“Preservation laws seek to provide uniform guidance to all agencies charged with the retention of biological evidence, said Rebecca Brown, senior policy advocate for state affairs at The Innocence Project in New York.

Stolz said Wichita police follow “unwritten rules” on how long to keep evidience, which may have changed over time.

Rhodes went to prison in 1981 for Wichita murder he maintains he didn’t commit. His case came to light again after he asked for DNA testing of evidence, and it couldn’t be located. DNA testing wasn’t available during his original trial.

Students at the Washburn School of Law have since questioned the strength of the evidence that convicted Rhodes, the adequacy of his legal representation and the reasoning behind appeal and parole decisions that have kept him incarcerated.

While working with the law class, the Eagle learned most — if not all — of the physical evidence in the stabbing death of Cleother Burrell had been destroyed, despite the apparent absence of a required court order

No one currently at the WPD worked on the Rhodes case, and Stolz said the department has kept evidence from even older convictions.

“We’ve got homicide stuff from the ‘50s,’ Stolz said. “We’ve kept that essentially forever.”

While Stolz doesn’t know what the practice was in the 1980s, he said evidence in some cases was destroyed after the prosecution had been completed and the appeals exhausted.

“We had no clue at that time that DNA was going to become as viable as it has for evidence,” Stolz said. “So now … maybe we should keep stuff longer, because you never know in 20 years what the science is going to be. And once you destroy it, it’s gone forever.”

In 1989, two U.S. men were exonerated by DNA evidence. By 1992, the genetic testing of old biological material had shown 10 men were innocent of the crimes that sent them to prison.

“In the early 1990s, … people in prison, 20, 25, 30 years, we’re resurrecting DNA evidence and their appeal becomes viable. So now, we keep everything.”

Stolz said he’s assigned Lt. Ken Landwehr, head of the homicide unit, to study what other cities do and to come up with a policy for how long to retain evidence. Stoltz said the department is considering keeping biological evidence in murder cases for the life of the defendant.

More than 250 people have been found not guilty through DNA evidence, after being locked up, on average more than a dozen years. Criminologists say they have no way of knowing how many others remain in prison for crimes they didn’t commit, because evidence no longer exists.

Brandon Garrett, a University of Virginia law professor who has studied the reasons behind wrongful convictions says its not uncommon to see policies differ between law enforcement agencies.

The Sedgwick County Sheriff’s office has “a considerable written policy” on keeping and destroying evidence, said Capt. Terry Parham.

“We don’t destroy evidence unless we have a valid court order that has been reviewed by both the county attorney’s office and the district attorneys office,” said Parham, commander of the sheriff’s support services division.

That does not include evidence in homicide cases, which Parham said is never destroyed.

Ann Swegle, deputy district attorney for Sedgwick County, said that office supports keeping evidence in serious cases, such as rapes and murders, for “as long as they have evidentiary value, even after appeals are exhausted.”

Swegle said most of the time, she’s found Wichita police practices effective.

“They almost always keep evidence until they have a proper court order to destroy it,” she said.

No court orders have turned up in concerning purging of evidence in the Rhodes case.

Stolz said he doesn’t know why Rhodes’ evidence was destroyed.

“Why would you ever in a homicide case destroy anything? It’s a good question,” he said.

“We surely don’t want to convict wrong people,” Stolz added. “Nobody is in the business of doing that.”

Read the next post in this series.

See all posts in this series.