The SAFE Kit and the Missing Text Messages
You are the detective lieutenant reviewing a sexual assault case two days before arraignment. The victim reported a stranger assault; a SAFE kit was collected 38 hours after the report. The assigned detective interviewed the victim for 70 minutes without recording, returned her phone after 48 hours without imaging, and left the kit in an unsecured locker overnight before logging it. His draft report says the victim 'was certain' about penetration, but his handwritten notes quote her as 'not sure.' A jail inmate has told a corrections officer that the victim 'made it up,' but the detective has not documented the call. The defense has requested all evidence. The detective is a 12-year veteran with no prior discipline. The victim calls you because she feels unheard.
1. Identify the evidence and chain-of-custody problems and the immediate corrective actions.
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Secure the SAFE kit immediately, confirm its seal and refrigerator log, and notify the lab. Document the overnight gap and who had access. Obtain the victim's phone with consent or a warrant, image it, and preserve the original; do not rely on a returned phone. Photograph and preserve the handwritten notes and the draft report. Interview the detective and the evidence officer separately. Confirm whether the 70-minute interview was recorded; if not, document why and consider a follow-up recorded interview with the victim's consent. Preserve 911, CAD, and hospital records. Request any body-worn camera and surveillance video. Document the jail inmate's tip with the corrections officer's name, time, and exact words, and investigate it; do not dismiss it because it is self-serving. The immediate goal is to close the chain-of-custody gap with a written explanation, not to hide it. Notify the DA's office before arraignment.
2. What are your disclosure obligations and how do you handle the inconsistent statement and informant tip?
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Brady and Massachusetts discovery rules require disclosure of exculpatory evidence, including the victim's 'not sure' statement and the inmate's claim. The detective must correct the draft report; a supervisor should not edit it to make it stronger. Preserve the original draft and notes. Prepare a supplemental report that quotes the victim and explains the discrepancy. The informant tip must be documented and investigated, even if it is unreliable; the defense is entitled to know it exists. Do not make a credibility judgment in the file without documenting the basis. Notify the ADA assigned to the case immediately, before arraignment, so the prosecutor can decide on disclosure and charging. If the detective intentionally omitted the statement, treat it as a potential integrity issue and refer it to internal affairs. The supervisor's role is to protect the case from a discovery sanction and to protect the victim from being blindsided. A late disclosure is better than a suppressed one.
3. How do you supervise the detective and protect the case without compromising the victim?
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Supervise the detective, not the case: assign a second detective to review the file, set a 48-hour deadline for a corrected report, and require a recorded follow-up with the victim. Consider temporary reassignment from sexual assault cases pending review, but do not humiliate him publicly. Open a performance file; if the omission was negligence, use training on report writing, evidence handling, and Brady; if it was intentional, refer to internal affairs. Notify the victim's advocate and have the lieutenant or a trained advocate call the victim within 24 hours, acknowledge the gap, and explain the next steps without promising an outcome. Audit three other cases the detective handled in the last year for similar issues. Report to the chief in writing with a corrective action plan and timeline. Document all actions; if the case is dismissed because of the gap, the department needs a record that it acted promptly.