NASHVILLE, Tenn. (WTVF) — The Eliza Fletcher case has put a lot of eyes on how the Volunteer State processes Sexual Assault Kits — and there's a major backlog.
Many people point out that the suspect in the Eliza Fletcher case would not have been out, if not for a delay in sexual assault kits in the state. After he was taken into custody, his DNA was linked to a rape report from last year.
The TBI reports they have a lot of Sexual Assault Kits (SAKs) being submitted by law enforcement agencies in Shelby County. In 2021, agencies submitted 316 sexual assault requests to the TBI Crime Laboratory, the most requests out of all 95 counties. Knox County ranked second with 168 requests.
The TBI has 3 crime laboratories, each in Nashville, Knoxville, and Jackson.
These labs are responsible for every piece of biological evidence submitted, ranging from homicides to SAKs, robberies, assaults, and break-ins.
The TBI reports the Jackson Crime Lab’s average turnaround times for SAKs ranged from approximately 33 weeks to 49 weeks between September 2021 and August 2022. They said the length of time to work these cases is attributed to the workload of the four scientists assigned to this unit. In 2021, that included 602 evidence submissions.
These scientists are also responsible for responding to crime scenes when necessary and testifying in every court hearing and trial associated with their casework, according to the TBI.
Last week, Tennessee Governor Bill Lee, Lieutenant Governor Randy McNally and Speaker Cameron Sexton announced a decisive step to accelerate the hiring process for 25 additional forensic lab positions at the Tennessee Bureau of Investigation. The governor's office said taking this action ahead of the regular budget process will expedite the TBI’s efforts to expand testing capacity and reduce the turnaround time for sexual assault kits.
In the most recent budget cycle, the TBI requested 40 Special Agent/Forensic Scientist (SA/FS) positions to be added to the Forensic Services Division. They were granted funding for half of those positions – 20 – and allocated them in the following manner:
Nashville | Knoxville | Jackson | Total | |
Forensic Chemistry | 2 | 2 | 2 | 6 |
Toxicology | 2 | 0 | 0 | 2 |
Forensic Biology/DNA | 3 | 2 | 3 | 8 |
CODIS | 0 | 0 | 3 | 3 |
Firearms Identification | 0 | 0 | 0 | 0 |
Latent Print | 0 | 0 | 0 | 0 |
Microanalysis | 0 | 0 | 0 | 0 |
Forensic IT Manager | 1 | 0 | 0 | 1 |
Total | 8 | 4 | 8 | 20 |
Although funding for the positions became available July 1, 2022, the TBI started the hiring process in May 2022. They posted positions, interviewed candidates, and are currently in the background check process for those selected to move forward in the hiring process. The anticipated start date for these new employees is October 31, 2022.
In the upcoming budget, the TBI will request 20 additional SA/FS positions to complete the balance of the original request for 40 positions. Allocation of those positions will be as follows:
Nashville | Knoxville | Jackson | Total | |
Forensic Chemistry | 2 | 2 | 1 | 5 |
Toxicology | 1 | 2 | 1 | 4 |
Forensic Biology/DNA | 2 | 2 | 2 | 6 |
CODIS | 0 | 0 | 1 | 1 |
Firearms Identification | 2 | 0 | 1 | 3 |
Latent Print | 0 | 0 | 0 | 0 |
Microanalysis | 1 | 0 | 0 | 1 |
Forensic IT Manager | 0 | 0 | 0 | 0 |
Total | 8 | 6 | 6 | 20 |
The TBI tells NewsChannel 5 that prior to requesting 40 SA/FS (Special Agent/Forensic Scientist) positions, it considered staffing at similar state laboratories, along with other resources for staffing information within the forensic community.
A survey of surrounding states revealed the TBI has the highest number of submitted requests analyzed per scientist. A forensic laboratory staffing calculator provided by the West Virginia University Department of Business determined that the TBI Crime Laboratories required an additional 71 positions based on 2019-20 data.
The TBI said that given this data, they considered requesting 40 positions to be conservative and in consideration of the state's limited financial resources.
In July 2022, to maximize available resources and the efficiency of existing employees, the TBI restructured the Forensic Services Division. They said a single manager oversees multiple laboratory units, and front-line supervisors now perform casework. They said the shift change improved the span of control while increasing case output.
Representative Bob Freeman is a major supporter of sexual assault victims. He thinks lawmakers need to do more to protect victims and survivors, and that starts with getting the TBI more funding.
“This is the safety of Tennesseans. I would think it’s important to make sure that we have the TBI fully funded to be able to do the job they need to do Day 1. Those 25 we added last year are not going to have any impact in this case load because it’s a two-year cycle to have them trained," said Rep. Bob Freeman, D-Nashville.
"If we really wanted to stop sexual violence, we really want to catch the perpetrator? We have to test the kits because we’re not going to catch the bad guys if we’re not testing the kits," Sexual Assault Center President Rachel Freeman explained.
Rachel Freeman helps survivors and victims all the time at the Sexual Assault Center in Nashville. She said getting kits tested quicker gives them hope that they will get justice.
"Not only is their strength, courage, and bravery worthwhile, but the state is also saying, 'we value you, and we’re going to help protect you by processing this in a timely way,'" Rachel said.
A TBI spokesperson said they certainly recognize the profound challenges related to the volume of SAKs requiring this in-depth analysis.
The TBI does use a tracking system, for survivors to have more frequent updates about the status of their kit as it works its way through their laboratory system. Representative Freeman was behind that law to help rape victims keep track of their evidence online, but the bill was modified before it was approved.
Representative Freeman is planning to introduce more legislation to get rape kits processed quicker and is working on an advocate confidentiality bill.
"When someone gets a rape kit taken, and the advocate sits next to them and holds their hand and walks them through the process and explains their rights and listens to the details — potentially the worst event of their life; that same advocate shouldn’t be called to testify against them in a court of law. It allows for victim shaming. It's also retraumatizing, and if we give that protection to lawyers, doctors, and nurses, then advocates should have the same protection," Representative Freeman said.
“There needs to be more funding behind it, so the kits can be tested in a more timely manner, so victims and survivors have more hope," Rachel said.
As the funding debate continues, Rachel will be holding the hands of victims and survivors every step of the way.
"The kits will get tested, and we’re going to do everything we can to advocate to increase funding and to increase the amount of resources behind it," she added.
TBI Director David Rausch said his goal is to improve turnaround times in their Forensic Biology units to 8 to 12 weeks for all evidence to be processed.
If you're in need of help, you can contact the National Sexual Assault Hotline at 1-800-656-4673 or visit the Sexual Assault Center's website for more assistance.
