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Diane Dimond
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Failure to Test Is a Failure of Justice


The evidence had been there all along. It had been sitting on a shelf inside a cold storage facility at the Houston Police Department for 12 years. After a determined detective tracked it down and sent it off to the lab for testing, the state of Texas realized it had a found a serial rapist.

The criminal's name is Roland Ali Westbrooks, and his story highlights why every state in the union should make testing of backlogged rape kits a top priority.

For more than two decades, law enforcement has had the ability to take even the tiniest specks of evidence from a rape victim — bodily fluids, stray hairs, fingernail scrapings — and match the DNA findings to information stored in a national data base called CODIS.

Every time a rape kit is processed, the DNA print is supposed to be entered into CODIS. And the reason for this is simple: Rapists rape repeatedly. They hardly ever have just one victim.

One study on serial offenders puts the average number of a rapist's victims at seven, while another study puts it at 11. To put this in perspective, realize that if we get just one of these perps off the street, we've prevented future crimes. Every year in America, there are roughly 200,000 reported rapes, and it is not just women who are attacked. Ten percent of all rape victims are men.

The first time we know Roland Ali Westbrooks struck was in August 1995. It was a nighttime home invasion, and his victim was a complete stranger — a teenager girl alone in her bedroom. Houston police say as he put a pillow over the 16-year-old's face and threatened to kill her if she screamed. The girl reported the attack immediately and submitted to a complete rape examination.

Like tens of thousands of other rape kits nationwide, her evidence package was never processed, and no one was ever arrested for her brutal assault.

After a cold case detective re-opened the teen's case earlier this year and ordered the DNA in her kit to finally be processed, her rapist was identified as Westbrooks. The good news was that he was already in jail! The bad news was that Westbrooks was in prison because he had been convicted of another rape — a crime that occurred in 1997 — two years after the attack on the teenager. That attack might never have taken place if the 16-year-old's rape kit had been tested in a timely fashion. Police suspect Westbrooks left more victims and are investigating that now.

To be sure, states have made some progress in winnowing down their backlog of rape kits. When I first wrote about this topic in 2008, there were 400,000 bundles of untested evidence. Today, the best estimates put the national number at about 180,000. But that's still way too many.

Sometimes lab work isn't necessary, as police have already gotten a confession or the victim withdraws the complaint. But in too many other cases, it becomes a matter of indifference, inconvenience or finances. Each test costs about $1,500.

In most jurisdictions, it is still up to the discretion of the investigating detective whether to order up a full lab analysis of a rape kit. Usually the victim is never told whether her evidence has been processed or relegated to some shelf to gather dust.

I can think of no other crime where police have definitive evidence of a crime and fail to process it. I think it is unconscionable.

Information from these kits, entered into CODIS, would likely mean numerous outstanding sex crimes could be solved. The perpetrator could be identified, taken off the streets or slapped with a longer prison sentence if they are already behind bars, like Roland Westbrooks. More importantly, victims could finally feel a sense of justice.

It's already happening in Texas. The popular Texas-based blog Grits for Breakfast ( reports that when "Tarrant County tested their entire backlog, they identified five serial rapists by matching the results to CODIS." Imagine — five dangerous criminals were scooped up just by testing evidence that was already there!

May I be so blunt as to ask, "What the heck are we waiting for?" And don't tell me it's a matter of money. The money spent on processing these kits would be far less than what we would have to pay out to investigate and prosecute these rapists' future crimes.

I call for a nationwide initiative to examine every relevant kit. Let's get every state to dedicate one group of lab technicians to examine the most recent kits so as to stop currently active rapists. A second group should examine the oldest kits with an eye on the ones that might come up against a statute of limitations problem. Let's get that information into CODIS and see how many more perps we can get off the streets.

The perfect tool is already sitting there if we would just use it!

Anybody with me?

Diane Dimond's book, "Cirque Du Salahi — Be Careful Who You Trust," can be ordered at Visit Diane Dimond's official website at for investigative reporting, polls and more. To find out more about Diane Dimond and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at



2 Comments | Post Comment
Perjury? What about liars like yourself? In order to complete a documentary piece that's in the making on YOU and all the greedy, destructive lies you've smeared worldwide about Michael Jackson, I had to stomach your book. I can't even get passed page 26, I had to come find you, some where on the internet, and SCREAM at you! You are the one Diane, the one person who started all this deceitful crap about Michael Jackson. You illegally reported on Hard Copy about something that was confidential and from there led all the tabloids on a Michael Jackson feeding frenzy! You have no morals or ethics. Your book, from what I've read so far, are lies compared to what really happened! You act as if you were there and you knew Michael so well. And all for what, greed and fame! A friend of mine always says, and I couldn't agree more - "MJ was such an enlightened soul that you need a certain level of enlightenment yourself to truly understand who he is and what he stands for. When we see what has happened to him and how he is treated, it only reveals the weakness of a majority; kill that what you don't understand." I think your nasty deceitfulness is what killed The King of Pop!
Comment: #1
Posted by: Henry Vaughn
Fri Jul 29, 2011 10:57 AM
Cool, Ms. Dimond. How about just using DNA testing to find the truth? Why do you have to politicize something that is just about getting to actual justice?

There are plenty of people who could be exonerated by the same testing who are rotting away in jail. Let's just seek the truth, and stop the hype.
Comment: #2
Posted by: Masako
Fri Jul 29, 2011 8:22 PM
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