San Joaquin County Grand Jury Cold Cases in San Joaquin County: On the Back Burner

0 There is inconsistency and confusion regarding what defines a “cold case” amongst the law enforcement agencies in San Joaquin County. 2.0 Counting Cold Cases in San Joaquin County Obtaining an accurate count of the current number of cold case homicides, missing persons, and sexual assaults in San Joaquin County is problematic, largely due to the overall lack of clarity and consistency in defining “cold cases.” Statements obtained through interviews and surveys of law enforcement agencies in San Joaquin County confirmed the difficulty and confusion in both obtaining and maintaining accurate number counts of cold cases. For example, one agency reported they have no idea how many new cold cases they receive. In addition, the lack of a digitized system for tracking older cases has resulted in some cold cases not being counted. The Grand Jury learned that the lack of accurate numbers in counting and tracking cold cases in San Joaquin County is a contributing factor to the overall lack of priority for staffing, funding, and investigating cold cases. Table 2 below shows cold case statistics that were obtained through interviews, surveys, and budget requests from the various law enforcement agencies in San Joaquin County. Table 2. Cold Case Statistics from San Joaquin County Type of Crime DA Escalon Lathrop* Lodi Manteca Ripon Sheriff Stockton Tracy Homicide 5721 0 NA NA 4 0 206 >3202 3 Missing persons with suspicious NA 0 NA NA NA 0 82 33 1 circumstances Sexual assault >2001 2 NA NA NA 0 NA NA 0 Attempted murder of a NA 1 NA NA NA NA NA NA NA Police Officer Homicide with an unidentified NA 0 NA NA 0 0 12 0 0 victim * Contracts with Sheriff Department for police services 1) District Attorney’s numbers are estimates for the entire county 2) Stockton estimate from 2015. This number has increased by an unknown amount since then. 3) There are an estimated 56 additional persons missing for more than ten years that are not currently classified as cold cases but remain open files with the Missing Persons Unit of the Stockton Police Department. It should be emphasized that the accuracy of the statistics provided for each crime category in the Table 2 are impacted by several important variables, including: ▪ Homicide – lack of digitized system for tracking older cases resulting in estimates that do not include every unsolved case from decades past ▪ Missing Persons – not always considered a crime; not always considered a cold case ▪ Sexual Assault – not always considered a cold case; the recent elimination of the ten-year statute of limitations on sexual assault cases through SB 813 should impact this metric and bring needed focus to unsolved sexual assault cases Findings F2.0 There are more than 500 cold case homicides in San Joaquin County, including 12 homicide victims whose remains have never been positively identified. The exact number of cold case homicides is unknown due to the lack of a consistent written definition for “cold case” and the lack of a digitized tracking system. F2.1 The lack of accurate numbers in counting and tracking cold cases in San Joaquin County is a contributing factor to the overall lack of priority for staffing, funding, and investigating cold cases. 3.0 Increasing Numbers of Cold Cases in San Joaquin County Violent Crime in San Joaquin County Statistics concerning the number of homicides and forcible rapes in San Joaquin County during the past decade show significant fluctuations. Crime statistics in San Joaquin County are most impacted by the amount of crime within the City of Stockton. Table 3 below shows the number of homicides and rapes in both Stockton and the rest of San Joaquin County from 2010 through 2015. Table 3. Homicide and Rape Statistics in San Joaquin County Crime Location 2010 2011 2012 2013 2014 2015 Total Homicide Stockton 49 58 71 32 49 49 308 Rest of 6 6 6 1 8 10 37 County Total 55 64 77 33 57 59 345 Rape Stockton 107 90 90 91 134 135 647 Rest of 37 28 34 24 25 45 193 County Total 144 118 124 115 159 180 840 Homicide Clearance Rates The national “clearance rate” for homicide was 64.1% as of 2015. Fifty years ago, it was more than 90%. “Clearance rate” is the term used by law enforcement to describe cases that end in arrest, or when a suspect has been identified but cannot be arrested due to death or other circumstances. Research identifies the following key contributing factors to the substantial increase in unsolved homicides in the United States: • Stranger-on-stranger homicide • Increased use of firearms in homicides • Increased involvement of gangs or drugs • Witness fear of retaliation • Witness distrust of law enforcement The nature of violent crime in America has changed over the decades. In the early 1960’s, the vast majority of homicide cases involved individuals who knew one another. By 1992, 53% of all murders occurred between strangers. The FBI collects crime clearance statistics but doesn’t provide numbers by jurisdiction. That makes it difficult to assess the clearance rates of local law enforcement agencies. Table 3 shows that the number of homicides throughout San Joaquin County from 2010 through 2015 is 345. Assuming the national average clearance rate of 64% is applied, that leaves 124 unsolved homicides for that same period. The Stockton Police Chief recently stated that 70% of the city’s homicides in 2018 were closed, which is a higher number than in previous years. While this improvement is commendable, it still leaves approximately ten of Stockton’s 33 homicides in 2018 unsolved. Losing Ground The reality in both America and in San Joaquin County is that the cumulative number of unsolved homicides is increasing each year. The primary factor in this equation is the decreased clearance rate for solving homicides. However, the lack of effective cold case investigations is also a contributing factor. The Grand Jury found that cold case homicides in San Joaquin County are rarely solved or closed. Based upon interview and survey responses, as well as online research, the following is a complete listing of the known cold case homicide closures for the law enforcement agencies in San Joaquin County during the past five years: ▪ Stockton Police Department – two cases closed (both suspects deceased) ▪ Tracy Police Department – one case closed (suspect deceased) In addition, there have been no known arrests or prosecutions involving cold case investigations in San Joaquin County during the past five years. Each of the law enforcement personnel interviewed during this investigation confirmed that the cumulative number of cold case homicides is increasing each year. The San Joaquin County District Attorney’s Office recently reported that their office and other law enforcement agencies continue to fall further behind each year on cold case homicide investigations. Findings F3.0 The total number of cold case homicides in San Joaquin County is increasing each year due primarily to the decreased clearance rate for solving homicides. F3.1 Cold case homicide investigations in San Joaquin County rarely result in case closure, arrest or prosecution. This is a contributing factor to the increasing number of cold case homicides in San Joaquin County. F3.2 Due to the current inconsistencies in both defining and counting cold cases involving missing persons with suspicious circumstances, and sexual assaults, there is insufficient information to clearly determine the extent to which the number of those unsolved cases may be increasing. 4.0 Staffing Cold Case Investigations in San Joaquin County A Universal Challenge Any legitimate discussion concerning law enforcement staffing must begin with acknowledging what has become a universal challenge for police agencies: hiring and retaining qualified officers. This problem has impacted the various law enforcement agencies in San Joaquin County, most notably the two largest agencies: the Stockton Police Department and the San Joaquin County Sheriff’s Department. Reduced to only 331 sworn officers in 2013, the Stockton Police Department was greatly aided through the passage of Measure A by voters that same year. This three-quarter cent sales tax provided funding for law enforcement. The result was a stated goal to increase the Stockton Police force to 485 officers by June of 2017. Despite continued challenges in both hiring and retaining qualified officers, the number of uniformed Stockton police officers totaled 466 as of March 2019. The Stockton Police Chief indicated it was hard to reach the budgeted maximum of 485 officers due to retirements, attrition and staff leaving for other jurisdictions. The San Joaquin County Sheriff’s Office has also faced the same continual challenge in both hiring and retaining qualified sheriff’s deputies. The newly elected Sheriff recently confirmed both the shortage of sworn officers and the difficulty of finding qualified candidates to fill vacant positions. Even the smaller law enforcement agencies within San Joaquin County reported that their main challenge in filling vacant positions is the inability to get qualified applicants through the required background investigation. A Lesser Priority Cold cases are typically some of the most difficult and complex cases to work. They require seasoned investigators and dedicated staff that are focused solely on cold cases as their first priority. Unfortunately, that is rarely the reality in law enforcement. A national cold case survey in 2012 found that only ten percent of responding agencies had dedicated cold case investigators. This investigation revealed that there are currently only three individuals who are specifically assigned to investigate cold cases in San Joaquin County. None of these individuals is currently working on cold case investigations full-time. The current staffing of cold case investigators in San Joaquin County is as follows: ▪ Stockton Police Department – one retired detective working part-time (16-20 hours/week; maximum 960 hours/year) ▪ San Joaquin County Sheriff’s Department – one full-time sergeant working less than 25% of the time on cold case investigations ▪ San Joaquin County District Attorney’s Office – one full-time investigator working approximately 20%-30% of the time on cold case investigations The present level of cold case staffing in the largest law enforcement agencies in this county cannot be expected to effectively investigate and solve cold cases. In fact, it is evident that cold case investigative work is often the lesser priority in their work assignments. Statements obtained through interviews and surveys of various law enforcement personnel confirmed both the frustration in juggling competing priorities, and the futility in working cold case assignments alone. The Grand Jury learned that there are a significant number of cold case homicides with the Stockton Police Department and San Joaquin County Sheriff’s Department that have not been reviewed for many years due to insufficient staffing and lack of prioritization. Assessing Options The major law enforcement agencies in San Joaquin County need additional dedicated and experienced investigators for cold cases. Possible options for meeting this critical staffing need include the following: ▪ Transfer experienced staff from other assignments ▪ Hire additional qualified retirees (limited to part-time) ▪ Seek qualified volunteers Interviews with administrative and investigative staff revealed that the Stockton Police Department needs at least three more full-time detectives to effectively manage and investigate the current backlog of cold cases. The San Joaquin County Sheriff’s Department has consistently made unsuccessful budget requests for additional cold case staffing, requesting from two to four additional full-time deputies. The San Joaquin County District Attorney’s Office also made an unsuccessful budget request to add a Cold Case Investigator and an Investigative Assistant for 2018-2019. Staffing a successful cold case investigative team may require utilizing all available options, especially considering budgetary restrictions and pension/benefit costs. Casting a vision and building momentum through collaboration and successful investigations can generate enthusiasm that may appeal to retired detectives. As an example, the City of Walnut Creek Police Department successfully solved a cold case in 2011 and was energized to the point of “pushing for a volunteer squad, staffed by retired detectives, to update reports and apply new forensic analysis.” Findings F4.0 There is insufficient staffing for cold case investigations in San Joaquin County, primarily within the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. F4.1 There are a significant number of cold case homicides with the Stockton Police Department and the San Joaquin County Sheriff’s Department that have not been reviewed in many years due to insufficient staffing and lack of prioritization. F4.2 Law enforcement agencies in San Joaquin County continue to be challenged in hiring and retaining enough qualified officers to fill budgeted positions. This has been a contributing factor to insufficient staffing of cold case investigations. F4.3 Providing experienced staffing for cold case investigations may require transferring staff from other assignments, hiring additional qualified retirees, or seeking qualified volunteers. 5.0 Funding Cold Case Investigations in San Joaquin County Overview A 2012 national cold case study by the Rand Corporation found that 56% of cold case investigations were funded through grants or supplemental agency funds. The same study found that only 20% of cold case investigations were being funded through established line items in the agency’s budget. There are numerous factors contributing to the funding deficit for cold case investigations in America. Economic crises, critical humanitarian and justice issues, and unfunded pension liabilities are but a few of the major elements impacting today’s budget priorities. In addition, the difficulty in quantifying a return on investment with cold case funding relative to active police investigations is another obstacle when competing for limited funds. San Joaquin County The Grand Jury found that funding for cold case investigative work has been insufficient for the law enforcement agencies in San Joaquin County primarily due to financial limitations and lack of priority. The interviews and surveys of law enforcement personnel consistently revealed a desire to accomplish more regarding cold case investigations. However, funding requests for additional cold case staffing, training, and technology have been routinely denied. This has been especially true for the three largest law enforcement agencies in San Joaquin County: the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. For example, the Sheriff’s Department has unsuccessfully requested additional staffing for cold case investigations every year since 2011. Responses from interviews and surveys consistently indicated the need for additional cold case staffing and training as the greatest priorities. Also mentioned were needed funding for technology improvements and for utilizing private laboratories to do additional testing of DNA evidence. Funding Alternatives Grant funding for cold case investigations has periodically been available through the National Institute of Justice, an agency of the United States Department of Justice (US DOJ). The Grand Jury learned that each of the three largest law enforcement agencies in San Joaquin County had attempted unsuccessfully to obtain such grants on one or more occasions in recent years. There was also a consensus amongst administrative staff that receiving grant money is helpful, but not sustainable to fund staffing year after year. However, research did reveal that the Sacramento County District Attorney’s Office, Laboratory of Forensic Services, did successfully obtain a grant of $336,293 in 2017 through the NIJ “DNA Capacity Enhancement and Backlog Reduction Program.” Another source of funding assistance might be the funds deposited annually into County DNA Identification Fund 20737 as a result of Proposition 69. The statute does not stipulate how the funds are to be disbursed at the local level. Currently, a Proposition 69 oversight committee meets periodically to approve disbursement of collected funds for reimbursement of expenses incurred for DNA collection. The County portion of funds in 2017 was $111,381. Such funds could possibly be used in a creative way to enhance DNA analysis and assist criminal investigations. One example is the Contra Costa County Sheriff’s Office recently spent $97,000 to purchase a RapidHIT ID System, a revolutionary technology to process DNA analysis in about 90 minutes. In summary, all available funding options for cold case investigations should be utilized moving forward. Potential cost savings may be achieved by utilizing retired detectives working part-time, without benefits, at approximately one-third of the cost of a full-time, benefited employee.

Stockton estimate from 2015. This number has increased by an unknown amount since then.

There are an estimated 56 additional persons missing for more than ten years that are not currently classified as cold cases but remain open files with the Missing Persons Unit of the Stockton Police Department. It should be emphasized that the accuracy of the statistics provided for each crime category in the Table 2 are impacted by several important variables, including: ▪ Homicide – lack of digitized system for tracking older cases resulting in estimates that do not include every unsolved case from decades past ▪ Missing Persons – not always considered a crime; not always considered a cold case ▪ Sexual Assault – not always considered a cold case; the recent elimination of the ten-year statute of limitations on sexual assault cases through SB 813 should impact this metric and bring needed focus to unsolved sexual assault cases Findings F2.0 There are more than 500 cold case homicides in San Joaquin County, including 12 homicide victims whose remains have never been positively identified. The exact number of cold case homicides is unknown due to the lack of a consistent written definition for “cold case” and the lack of a digitized tracking system. F2.1 The lack of accurate numbers in counting and tracking cold cases in San Joaquin County is a contributing factor to the overall lack of priority for staffing, funding, and investigating cold cases. 3.0 Increasing Numbers of Cold Cases in San Joaquin County Violent Crime in San Joaquin County Statistics concerning the number of homicides and forcible rapes in San Joaquin County during the past decade show significant fluctuations. Crime statistics in San Joaquin County are most impacted by the amount of crime within the City of Stockton. Table 3 below shows the number of homicides and rapes in both Stockton and the rest of San Joaquin County from 2010 through 2015. Table 3. Homicide and Rape Statistics in San Joaquin County Crime Location 2010 2011 2012 2013 2014 2015 Total Homicide Stockton 49 58 71 32 49 49 308 Rest of 6 6 6 1 8 10 37 County Total 55 64 77 33 57 59 345 Rape Stockton 107 90 90 91 134 135 647 Rest of 37 28 34 24 25 45 193 County Total 144 118 124 115 159 180 840 Homicide Clearance Rates The national “clearance rate” for homicide was 64.1% as of 2015. Fifty years ago, it was more than 90%. “Clearance rate” is the term used by law enforcement to describe cases that end in arrest, or when a suspect has been identified but cannot be arrested due to death or other circumstances. Research identifies the following key contributing factors to the substantial increase in unsolved homicides in the United States: • Stranger-on-stranger homicide • Increased use of firearms in homicides • Increased involvement of gangs or drugs • Witness fear of retaliation • Witness distrust of law enforcement The nature of violent crime in America has changed over the decades. In the early 1960’s, the vast majority of homicide cases involved individuals who knew one another. By 1992, 53% of all murders occurred between strangers. The FBI collects crime clearance statistics but doesn’t provide numbers by jurisdiction. That makes it difficult to assess the clearance rates of local law enforcement agencies. Table 3 shows that the number of homicides throughout San Joaquin County from 2010 through 2015 is 345. Assuming the national average clearance rate of 64% is applied, that leaves 124 unsolved homicides for that same period. The Stockton Police Chief recently stated that 70% of the city’s homicides in 2018 were closed, which is a higher number than in previous years. While this improvement is commendable, it still leaves approximately ten of Stockton’s 33 homicides in 2018 unsolved. Losing Ground The reality in both America and in San Joaquin County is that the cumulative number of unsolved homicides is increasing each year. The primary factor in this equation is the decreased clearance rate for solving homicides. However, the lack of effective cold case investigations is also a contributing factor. The Grand Jury found that cold case homicides in San Joaquin County are rarely solved or closed. Based upon interview and survey responses, as well as online research, the following is a complete listing of the known cold case homicide closures for the law enforcement agencies in San Joaquin County during the past five years: ▪ Stockton Police Department – two cases closed (both suspects deceased) ▪ Tracy Police Department – one case closed (suspect deceased) In addition, there have been no known arrests or prosecutions involving cold case investigations in San Joaquin County during the past five years. Each of the law enforcement personnel interviewed during this investigation confirmed that the cumulative number of cold case homicides is increasing each year. The San Joaquin County District Attorney’s Office recently reported that their office and other law enforcement agencies continue to fall further behind each year on cold case homicide investigations. Findings F3.0 The total number of cold case homicides in San Joaquin County is increasing each year due primarily to the decreased clearance rate for solving homicides. F3.1 Cold case homicide investigations in San Joaquin County rarely result in case closure, arrest or prosecution. This is a contributing factor to the increasing number of cold case homicides in San Joaquin County. F3.2 Due to the current inconsistencies in both defining and counting cold cases involving missing persons with suspicious circumstances, and sexual assaults, there is insufficient information to clearly determine the extent to which the number of those unsolved cases may be increasing. 4.0 Staffing Cold Case Investigations in San Joaquin County A Universal Challenge Any legitimate discussion concerning law enforcement staffing must begin with acknowledging what has become a universal challenge for police agencies: hiring and retaining qualified officers. This problem has impacted the various law enforcement agencies in San Joaquin County, most notably the two largest agencies: the Stockton Police Department and the San Joaquin County Sheriff’s Department. Reduced to only 331 sworn officers in 2013, the Stockton Police Department was greatly aided through the passage of Measure A by voters that same year. This three-quarter cent sales tax provided funding for law enforcement. The result was a stated goal to increase the Stockton Police force to 485 officers by June of 2017. Despite continued challenges in both hiring and retaining qualified officers, the number of uniformed Stockton police officers totaled 466 as of March 2019. The Stockton Police Chief indicated it was hard to reach the budgeted maximum of 485 officers due to retirements, attrition and staff leaving for other jurisdictions. The San Joaquin County Sheriff’s Office has also faced the same continual challenge in both hiring and retaining qualified sheriff’s deputies. The newly elected Sheriff recently confirmed both the shortage of sworn officers and the difficulty of finding qualified candidates to fill vacant positions. Even the smaller law enforcement agencies within San Joaquin County reported that their main challenge in filling vacant positions is the inability to get qualified applicants through the required background investigation. A Lesser Priority Cold cases are typically some of the most difficult and complex cases to work. They require seasoned investigators and dedicated staff that are focused solely on cold cases as their first priority. Unfortunately, that is rarely the reality in law enforcement. A national cold case survey in 2012 found that only ten percent of responding agencies had dedicated cold case investigators. This investigation revealed that there are currently only three individuals who are specifically assigned to investigate cold cases in San Joaquin County. None of these individuals is currently working on cold case investigations full-time. The current staffing of cold case investigators in San Joaquin County is as follows: ▪ Stockton Police Department – one retired detective working part-time (16-20 hours/week; maximum 960 hours/year) ▪ San Joaquin County Sheriff’s Department – one full-time sergeant working less than 25% of the time on cold case investigations ▪ San Joaquin County District Attorney’s Office – one full-time investigator working approximately 20%-30% of the time on cold case investigations The present level of cold case staffing in the largest law enforcement agencies in this county cannot be expected to effectively investigate and solve cold cases. In fact, it is evident that cold case investigative work is often the lesser priority in their work assignments. Statements obtained through interviews and surveys of various law enforcement personnel confirmed both the frustration in juggling competing priorities, and the futility in working cold case assignments alone. The Grand Jury learned that there are a significant number of cold case homicides with the Stockton Police Department and San Joaquin County Sheriff’s Department that have not been reviewed for many years due to insufficient staffing and lack of prioritization. Assessing Options The major law enforcement agencies in San Joaquin County need additional dedicated and experienced investigators for cold cases. Possible options for meeting this critical staffing need include the following: ▪ Transfer experienced staff from other assignments ▪ Hire additional qualified retirees (limited to part-time) ▪ Seek qualified volunteers Interviews with administrative and investigative staff revealed that the Stockton Police Department needs at least three more full-time detectives to effectively manage and investigate the current backlog of cold cases. The San Joaquin County Sheriff’s Department has consistently made unsuccessful budget requests for additional cold case staffing, requesting from two to four additional full-time deputies. The San Joaquin County District Attorney’s Office also made an unsuccessful budget request to add a Cold Case Investigator and an Investigative Assistant for 2018-2019. Staffing a successful cold case investigative team may require utilizing all available options, especially considering budgetary restrictions and pension/benefit costs. Casting a vision and building momentum through collaboration and successful investigations can generate enthusiasm that may appeal to retired detectives. As an example, the City of Walnut Creek Police Department successfully solved a cold case in 2011 and was energized to the point of “pushing for a volunteer squad, staffed by retired detectives, to update reports and apply new forensic analysis.” Findings F4.0 There is insufficient staffing for cold case investigations in San Joaquin County, primarily within the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. F4.1 There are a significant number of cold case homicides with the Stockton Police Department and the San Joaquin County Sheriff’s Department that have not been reviewed in many years due to insufficient staffing and lack of prioritization. F4.2 Law enforcement agencies in San Joaquin County continue to be challenged in hiring and retaining enough qualified officers to fill budgeted positions. This has been a contributing factor to insufficient staffing of cold case investigations. F4.3 Providing experienced staffing for cold case investigations may require transferring staff from other assignments, hiring additional qualified retirees, or seeking qualified volunteers. 5.0 Funding Cold Case Investigations in San Joaquin County Overview A 2012 national cold case study by the Rand Corporation found that 56% of cold case investigations were funded through grants or supplemental agency funds. The same study found that only 20% of cold case investigations were being funded through established line items in the agency’s budget. There are numerous factors contributing to the funding deficit for cold case investigations in America. Economic crises, critical humanitarian and justice issues, and unfunded pension liabilities are but a few of the major elements impacting today’s budget priorities. In addition, the difficulty in quantifying a return on investment with cold case funding relative to active police investigations is another obstacle when competing for limited funds. San Joaquin County The Grand Jury found that funding for cold case investigative work has been insufficient for the law enforcement agencies in San Joaquin County primarily due to financial limitations and lack of priority. The interviews and surveys of law enforcement personnel consistently revealed a desire to accomplish more regarding cold case investigations. However, funding requests for additional cold case staffing, training, and technology have been routinely denied. This has been especially true for the three largest law enforcement agencies in San Joaquin County: the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. For example, the Sheriff’s Department has unsuccessfully requested additional staffing for cold case investigations every year since 2011. Responses from interviews and surveys consistently indicated the need for additional cold case staffing and training as the greatest priorities. Also mentioned were needed funding for technology improvements and for utilizing private laboratories to do additional testing of DNA evidence. Funding Alternatives Grant funding for cold case investigations has periodically been available through the National Institute of Justice, an agency of the United States Department of Justice (US DOJ). The Grand Jury learned that each of the three largest law enforcement agencies in San Joaquin County had attempted unsuccessfully to obtain such grants on one or more occasions in recent years. There was also a consensus amongst administrative staff that receiving grant money is helpful, but not sustainable to fund staffing year after year. However, research did reveal that the Sacramento County District Attorney’s Office, Laboratory of Forensic Services, did successfully obtain a grant of $336,293 in 2017 through the NIJ “DNA Capacity Enhancement and Backlog Reduction Program.” Another source of funding assistance might be the funds deposited annually into County DNA Identification Fund 20737 as a result of Proposition 69. The statute does not stipulate how the funds are to be disbursed at the local level. Currently, a Proposition 69 oversight committee meets periodically to approve disbursement of collected funds for reimbursement of expenses incurred for DNA collection. The County portion of funds in 2017 was $111,381. Such funds could possibly be used in a creative way to enhance DNA analysis and assist criminal investigations. One example is the Contra Costa County Sheriff’s Office recently spent $97,000 to purchase a RapidHIT ID System, a revolutionary technology to process DNA analysis in about 90 minutes. In summary, all available funding options for cold case investigations should be utilized moving forward. Potential cost savings may be achieved by utilizing retired detectives working part-time, without benefits, at approximately one-third of the cost of a full-time, benefited employee. Finding F5.0 There is insufficient funding for cold case investigations in San Joaquin County, primarily for the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. The lack of sufficient funding is due primarily to financial limitations and lack of priority. 6.0 Investigating Cold Cases in San Joaquin County Preparation The following elements were identified through interviews and surveys as being essential to effective preparation for cold case investigations: ▪ Training specific to cold case investigations ▪ Organized computer database for cold cases Cold case investigation is a specialized field that is presently benefiting from both rapid technological advances and emerging investigative techniques. Numerous opportunities exist for cold case and related training through such organizations as the US DOJ, the State of California Department of Justice (CA DOJ), and various other law enforcement institutes, agencies, and associations. The Grand Jury learned that present cold case investigative staff in San Joaquin County have had minimal opportunities to stay current through relevant cold case training events. It remains commonplace in law enforcement for older cold case files dating back to the early 1990’s and before to remain as paper files stored in boxes and binders. This is no different in San Joaquin County. The Grand Jury learned that such case files can range from a dozen pieces of paper to four full binders. Retrieving and reviewing such files is cumbersome and inefficient, though retention of paper files may be desirable for some cases. The lack of an organized computer database inhibits accurate and efficient tracking, evaluation, prioritization, and investigation of cold cases. The San Joaquin County Sheriff’s Department acknowledged this challenge in their 2018-2019 Proposed Budget request, indicating that cold cases prior to 1990 are not digitized, thus requiring any review or evaluation of the case and evidence to be done by hand. Prioritization The 2012 Rand Corporation study on cold case investigations listed the following factors as those most influential in the decision to reopen cold cases: ▪ New witness coming forward ▪ New DNA technology to test old physical evidence ▪ New evidence for DNA testing ▪ Other physical evidence ▪ New technology to test other physical evidence The Rand study concluded that “these responses strongly indicate that physical evidence is the major factor in decisions to reopen cold cases.” In their 2018-2019 Proposed Budget Request, the San Joaquin County District Attorney’s Office stated their desire to assist law enforcement agencies throughout the County by reviewing and triaging unsolved homicide cases. Their goal is to identify DNA evidence that has not been previously submitted for testing, and submit that evidence to the California Department of Justice crime labs for analysis. Current staffing levels and priorities prevent this level of assistance from the District Attorney’s Office. The Grand Jury learned that some investigative staff at law enforcement agencies in San Joaquin County currently have no efficient or effective method of prioritizing which cold cases to investigate. Based upon interview results, the following prioritization methods are those being most utilized at present: ▪ Contact from family members of cold case victims ▪ Tips received/new information provided ▪ Random choice by the investigator ▪ Directed by supervisor Many of the current methods being utilized to prioritize cold case investigations in San Joaquin County are inconsistent with the priority of physical evidence as emphasized by the 2012 Rand Corporation study. Neither do many of the current methods for prioritization align with the method of triaging physical evidence proposed by the District Attorney’s Office. DNA Evidence (also see Appendix A) The Grand Jury learned through interviews and surveys that there are significant numbers of cold case homicides in San Joaquin County with DNA evidence that could be tested using enhanced DNA technology now available. The exact number of cases with testable DNA evidence is unclear due to the lack of effective tracking or evaluation methods. However, one estimate received by the Grand Jury indicated the number of such cases to be in the hundreds. Limitations Despite incredible advances in using DNA technology to identify persons, there are additional challenges presented to investigators of cold cases in San Joaquin County. The Grand Jury learned from multiple sources that the CA DOJ regional crime labs do excellent work; however, they are limited in the amount of staff time they can devote to evidence testing. This limitation was most apparent when involving cold cases where the chances of successful DNA testing results were less likely. Not only were the chances of approval for testing less likely for many cold cases, but the amount of time to receive a test result was often longer. Due to limited staff resources, the CA DOJ has policies in place that only allow them to analyze a minimal amount of DNA evidence based on their workloads and demands from law enforcement agencies throughout California. It is noteworthy that the Tracy Police Department’s recent closure of a cold case homicide resulted from additional DNA testing by a private, nonprofit laboratory that was reportedly utilized due to testing limitations at the CA DOJ crime laboratory. Another limitation in the investigation of cold case homicides in San Joaquin County is the significant percentage of cases involving street gangs. The Grand Jury learned that the number of cold case homicides involving street gangs is estimated to be as high as 50% in San Joaquin County. The significance of this reality does not pertain to a lesser demand for justice, but rather acknowledges that these cold cases present additional challenges, such as the lack of DNA or other physical evidence for testing, and the lack of available or willing witnesses to testify Findings F6.0 There is a need for additional training specific to cold case investigations for the law enforcement agencies in San Joaquin County. F6.1 The lack of organized computer databases for cold cases is impeding the effective evaluation and investigation of cold cases in San Joaquin County. F6.2 The methods for prioritization of cold case investigations in San Joaquin County are often ineffective, with insufficient emphasis placed on available physical evidence. F6.3 The exact number of cold case homicides in San Joaquin County that have testable DNA evidence is unknown due to the lack of effective tracking and evaluation methods. F6.4 There are limitations on the amount of physical evidence that the State of California Department of Justice crime laboratories will process for cold case investigations due to staffing and prioritization. F6.5 Cold case homicides involving street gangs often present greater challenges due to the lack of testable DNA evidence and the lack of available or willing witnesses. 7.0 Solving Cold Cases in San Joaquin County Elevation Any successful path forward in solving cold cases in San Joaquin County must begin with elevating the priority of staffing and funding such investigations. The focus and priority of law enforcement on today and tomorrow must expand to include the past. By not investigating cold cases or seeking arrests and convictions, criminals are potentially being allowed to commit additional violent crimes. Innovation (also see Appendix B) Another key element to future success in solving cold cases in San Joaquin County will be the utilization of advanced technology and emerging techniques, including: ▪ STRmix DNA interpretive software ▪ Rapid DNA technology ▪ Genetic genealogy ▪ DNA phenotyping These innovative techniques have assisted in solving cold cases throughout the United States. Collaboration A final critical component in the future success of solving cold cases in San Joaquin County will be the level of collaboration between all key members involved in the investigation and prosecution of such cases. This investigation revealed that there is presently a climate of isolation and frustration in attempting to investigate cold cases without the necessary assistance and support. Responses received from surveys and interviews revealed investigative staff want help in many areas, including: discussing case strategy, interviewing witnesses in the field, processing and serving warrants, obtaining legal advice, and testing of physical evidence. This investigation confirmed the necessity of a cooperative and coordinated relationship between law enforcement agencies and the District Attorney’s Office. The 2012 Rand Corporation study on cold case investigations emphasized the importance of cooperation between police and prosecutors in improving both the efficiency and the effectiveness of cold case investigations. The study indicated the benefit of having police consult with prosecutors beginning at case screening, to offer advice on whether the case is likely to produce a conviction and what kinds of evidence will be most compelling in court. In their 2018-2019 Proposed Budget Request, the San Joaquin County District Attorney’s Office expressed a clear desire to assist law enforcement partner agencies throughout the County with cold case investigations. However, the Grand Jury learned that there is presently minimal contact between the District Attorney’s Office and cold case investigative staff. There are many examples from nearby counties where the District Attorney’s Office has taken a leadership role in coordinating and facilitating cold case investigations and prosecutions. A few of these counties include: ▪ Sacramento County – Cold Case Prosecution Unit ▪ Contra Costa County – Cold Case-Unsolved Homicide Unit ▪ Alameda County – Unsolved Crimes/DNA Cold Case Unit ▪ Santa Clara County – Cold Case Unit ▪ Solano County – Cold Case Unit The desire for the San Joaquin County District Attorney’s Office to form a Cold Case Task Force was a consistent request in both interviews and survey responses from law enforcement agencies throughout the County. Such a Cold Case Task Force is needed to provide a multitude of essential functions in cold case investigations, including: ▪ Establish a Mission Statement clearly defining “Cold Cases” ▪ Coordinate training specific to cold case investigations ▪ Provide legal assistance including case review, warrant processing, and prosecution ▪ Coordinate with CA DOJ crime laboratories for necessary testing ▪ Collaborate with other counties and law enforcement agencies for support ▪ Collaborate regarding advocacy for victim’s families and witnesses As one example of successful collaboration, the Santa Clara County District Attorney’s Office joined with county law enforcement agencies to sign a Cold Case Partnership and Cooperation Agreement. The county crime laboratory also joined this partnership and made a commitment to handle DNA in an expedited manner. The District Attorney also asked every county law enforcement agency for access to unsolved homicide and sexual assault cases in order to assist with locating and submitting DNA evidence, interviewing witnesses, and conducting a comprehensive case evaluation. Findings F7.0 The elevation of cold case investigations as a priority is vital to the future success in investigating and solving cold cases in San Joaquin County. F7.1 The utilization of innovative technology and emerging techniques is an essential element to the future success of investigating and solving cold cases in San Joaquin County. F7.2 The level of collaboration between law enforcement agencies and the District Attorney’s Office is a critical component to success in solving and prosecuting cold cases. F7.3 There is minimal contact between the District Attorney’s Office and cold case investigative staff in San Joaquin County due to lack of staffing and priority. F7.4 There is universal support amongst law enforcement agencies in San Joaquin County for the District Attorney’s Office to form a Cold Case Task Force to support cold case investigation and prosecution. 8.0 Maintaining Contact with Families of Cold Case Victims The consequences of unsolved cold cases include victims without justice and families without answers. This painful reality is one driving force behind the proposed Cold Case Accountability Act of 2020. One aspect of this proposed legislation is a requirement for law enforcement agencies to provide regular updates in writing and in person to families of cold case victims. The Grand Jury learned through interviews and survey responses that there is currently no consistent procedure or practice for law enforcement agencies in San Joaquin County to maintain periodic contact with the family members of cold case victims. Most contacts with victims’ families are currently being initiated by family members, and often correspond to the victim’s birthday or the anniversary of their death. Many law enforcement personnel refrain from initiating contact with families of cold case victims due to time constraints, the lack of any progress to report, or the potential to provoke emotional trauma. Perhaps a reasonable and sensitive response is that the family should be consulted regarding their desired frequency of contact. Such contacts could be handled by nonsworn personnel in order to minimize the time impact on investigative staff. Victim Services is a program of the San Joaquin County District Attorney’s Office that serves victims and their survivor family members of homicide, sexual assault, and other crimes. As stated on the District Attorney’s website, “In California victims of crime have state constitutional standing and rights, guaranteeing that their voices will be heard.” For many cold case victims, their voice is still being heard through their surviving family members. Victims of Violent Crime of San Joaquin County is a nonprofit support group whose members are comprised primarily of surviving family members of unsolved murders. The group has held an annual vigil during the holiday season for the past twenty years. All of the surviving family members who gather at these vigils are ultimately seeking the same things: justice and closure. However, the Chief Executive of Victims of Violent Crime recognizes that in order for survivor family members to experience justice and closure, more cold case detectives are needed in San Joaquin County to investigate their cases. Finding F8.0 There is no consistent procedure or practice for law enforcement agencies in San Joaquin County to maintain periodic contact with the family members of cold case victims.

0 There is insufficient funding for cold case investigations in San Joaquin County, primarily for the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. The lack of sufficient funding is due primarily to financial limitations and lack of priority. 6.0 Investigating Cold Cases in San Joaquin County Preparation The following elements were identified through interviews and surveys as being essential to effective preparation for cold case investigations: ▪ Training specific to cold case investigations ▪ Organized computer database for cold cases Cold case investigation is a specialized field that is presently benefiting from both rapid technological advances and emerging investigative techniques. Numerous opportunities exist for cold case and related training through such organizations as the US DOJ, the State of California Department of Justice (CA DOJ), and various other law enforcement institutes, agencies, and associations. The Grand Jury learned that present cold case investigative staff in San Joaquin County have had minimal opportunities to stay current through relevant cold case training events. It remains commonplace in law enforcement for older cold case files dating back to the early 1990’s and before to remain as paper files stored in boxes and binders. This is no different in San Joaquin County. The Grand Jury learned that such case files can range from a dozen pieces of paper to four full binders. Retrieving and reviewing such files is cumbersome and inefficient, though retention of paper files may be desirable for some cases. The lack of an organized computer database inhibits accurate and efficient tracking, evaluation, prioritization, and investigation of cold cases. The San Joaquin County Sheriff’s Department acknowledged this challenge in their 2018-2019 Proposed Budget request, indicating that cold cases prior to 1990 are not digitized, thus requiring any review or evaluation of the case and evidence to be done by hand. Prioritization The 2012 Rand Corporation study on cold case investigations listed the following factors as those most influential in the decision to reopen cold cases: ▪ New witness coming forward ▪ New DNA technology to test old physical evidence ▪ New evidence for DNA testing ▪ Other physical evidence ▪ New technology to test other physical evidence The Rand study concluded that “these responses strongly indicate that physical evidence is the major factor in decisions to reopen cold cases.” In their 2018-2019 Proposed Budget Request, the San Joaquin County District Attorney’s Office stated their desire to assist law enforcement agencies throughout the County by reviewing and triaging unsolved homicide cases. Their goal is to identify DNA evidence that has not been previously submitted for testing, and submit that evidence to the California Department of Justice crime labs for analysis. Current staffing levels and priorities prevent this level of assistance from the District Attorney’s Office. The Grand Jury learned that some investigative staff at law enforcement agencies in San Joaquin County currently have no efficient or effective method of prioritizing which cold cases to investigate. Based upon interview results, the following prioritization methods are those being most utilized at present: ▪ Contact from family members of cold case victims ▪ Tips received/new information provided ▪ Random choice by the investigator ▪ Directed by supervisor Many of the current methods being utilized to prioritize cold case investigations in San Joaquin County are inconsistent with the priority of physical evidence as emphasized by the 2012 Rand Corporation study. Neither do many of the current methods for prioritization align with the method of triaging physical evidence proposed by the District Attorney’s Office. DNA Evidence (also see Appendix A) The Grand Jury learned through interviews and surveys that there are significant numbers of cold case homicides in San Joaquin County with DNA evidence that could be tested using enhanced DNA technology now available. The exact number of cases with testable DNA evidence is unclear due to the lack of effective tracking or evaluation methods. However, one estimate received by the Grand Jury indicated the number of such cases to be in the hundreds. Limitations Despite incredible advances in using DNA technology to identify persons, there are additional challenges presented to investigators of cold cases in San Joaquin County. The Grand Jury learned from multiple sources that the CA DOJ regional crime labs do excellent work; however, they are limited in the amount of staff time they can devote to evidence testing. This limitation was most apparent when involving cold cases where the chances of successful DNA testing results were less likely. Not only were the chances of approval for testing less likely for many cold cases, but the amount of time to receive a test result was often longer. Due to limited staff resources, the CA DOJ has policies in place that only allow them to analyze a minimal amount of DNA evidence based on their workloads and demands from law enforcement agencies throughout California. It is noteworthy that the Tracy Police Department’s recent closure of a cold case homicide resulted from additional DNA testing by a private, nonprofit laboratory that was reportedly utilized due to testing limitations at the CA DOJ crime laboratory. Another limitation in the investigation of cold case homicides in San Joaquin County is the significant percentage of cases involving street gangs. The Grand Jury learned that the number of cold case homicides involving street gangs is estimated to be as high as 50% in San Joaquin County. The significance of this reality does not pertain to a lesser demand for justice, but rather acknowledges that these cold cases present additional challenges, such as the lack of DNA or other physical evidence for testing, and the lack of available or willing witnesses to testify Findings F6.0 There is a need for additional training specific to cold case investigations for the law enforcement agencies in San Joaquin County. F6.1 The lack of organized computer databases for cold cases is impeding the effective evaluation and investigation of cold cases in San Joaquin County. F6.2 The methods for prioritization of cold case investigations in San Joaquin County are often ineffective, with insufficient emphasis placed on available physical evidence. F6.3 The exact number of cold case homicides in San Joaquin County that have testable DNA evidence is unknown due to the lack of effective tracking and evaluation methods. F6.4 There are limitations on the amount of physical evidence that the State of California Department of Justice crime laboratories will process for cold case investigations due to staffing and prioritization. F6.5 Cold case homicides involving street gangs often present greater challenges due to the lack of testable DNA evidence and the lack of available or willing witnesses. 7.0 Solving Cold Cases in San Joaquin County Elevation Any successful path forward in solving cold cases in San Joaquin County must begin with elevating the priority of staffing and funding such investigations. The focus and priority of law enforcement on today and tomorrow must expand to include the past. By not investigating cold cases or seeking arrests and convictions, criminals are potentially being allowed to commit additional violent crimes. Innovation (also see Appendix B) Another key element to future success in solving cold cases in San Joaquin County will be the utilization of advanced technology and emerging techniques, including: ▪ STRmix DNA interpretive software ▪ Rapid DNA technology ▪ Genetic genealogy ▪ DNA phenotyping These innovative techniques have assisted in solving cold cases throughout the United States. Collaboration A final critical component in the future success of solving cold cases in San Joaquin County will be the level of collaboration between all key members involved in the investigation and prosecution of such cases. This investigation revealed that there is presently a climate of isolation and frustration in attempting to investigate cold cases without the necessary assistance and support. Responses received from surveys and interviews revealed investigative staff want help in many areas, including: discussing case strategy, interviewing witnesses in the field, processing and serving warrants, obtaining legal advice, and testing of physical evidence. This investigation confirmed the necessity of a cooperative and coordinated relationship between law enforcement agencies and the District Attorney’s Office. The 2012 Rand Corporation study on cold case investigations emphasized the importance of cooperation between police and prosecutors in improving both the efficiency and the effectiveness of cold case investigations. The study indicated the benefit of having police consult with prosecutors beginning at case screening, to offer advice on whether the case is likely to produce a conviction and what kinds of evidence will be most compelling in court. In their 2018-2019 Proposed Budget Request, the San Joaquin County District Attorney’s Office expressed a clear desire to assist law enforcement partner agencies throughout the County with cold case investigations. However, the Grand Jury learned that there is presently minimal contact between the District Attorney’s Office and cold case investigative staff. There are many examples from nearby counties where the District Attorney’s Office has taken a leadership role in coordinating and facilitating cold case investigations and prosecutions. A few of these counties include: ▪ Sacramento County – Cold Case Prosecution Unit ▪ Contra Costa County – Cold Case-Unsolved Homicide Unit ▪ Alameda County – Unsolved Crimes/DNA Cold Case Unit ▪ Santa Clara County – Cold Case Unit ▪ Solano County – Cold Case Unit The desire for the San Joaquin County District Attorney’s Office to form a Cold Case Task Force was a consistent request in both interviews and survey responses from law enforcement agencies throughout the County. Such a Cold Case Task Force is needed to provide a multitude of essential functions in cold case investigations, including: ▪ Establish a Mission Statement clearly defining “Cold Cases” ▪ Coordinate training specific to cold case investigations ▪ Provide legal assistance including case review, warrant processing, and prosecution ▪ Coordinate with CA DOJ crime laboratories for necessary testing ▪ Collaborate with other counties and law enforcement agencies for support ▪ Collaborate regarding advocacy for victim’s families and witnesses As one example of successful collaboration, the Santa Clara County District Attorney’s Office joined with county law enforcement agencies to sign a Cold Case Partnership and Cooperation Agreement. The county crime laboratory also joined this partnership and made a commitment to handle DNA in an expedited manner. The District Attorney also asked every county law enforcement agency for access to unsolved homicide and sexual assault cases in order to assist with locating and submitting DNA evidence, interviewing witnesses, and conducting a comprehensive case evaluation. Findings F7.0 The elevation of cold case investigations as a priority is vital to the future success in investigating and solving cold cases in San Joaquin County. F7.1 The utilization of innovative technology and emerging techniques is an essential element to the future success of investigating and solving cold cases in San Joaquin County. F7.2 The level of collaboration between law enforcement agencies and the District Attorney’s Office is a critical component to success in solving and prosecuting cold cases. F7.3 There is minimal contact between the District Attorney’s Office and cold case investigative staff in San Joaquin County due to lack of staffing and priority. F7.4 There is universal support amongst law enforcement agencies in San Joaquin County for the District Attorney’s Office to form a Cold Case Task Force to support cold case investigation and prosecution. 8.0 Maintaining Contact with Families of Cold Case Victims The consequences of unsolved cold cases include victims without justice and families without answers. This painful reality is one driving force behind the proposed Cold Case Accountability Act of 2020. One aspect of this proposed legislation is a requirement for law enforcement agencies to provide regular updates in writing and in person to families of cold case victims. The Grand Jury learned through interviews and survey responses that there is currently no consistent procedure or practice for law enforcement agencies in San Joaquin County to maintain periodic contact with the family members of cold case victims. Most contacts with victims’ families are currently being initiated by family members, and often correspond to the victim’s birthday or the anniversary of their death. Many law enforcement personnel refrain from initiating contact with families of cold case victims due to time constraints, the lack of any progress to report, or the potential to provoke emotional trauma. Perhaps a reasonable and sensitive response is that the family should be consulted regarding their desired frequency of contact. Such contacts could be handled by nonsworn personnel in order to minimize the time impact on investigative staff. Victim Services is a program of the San Joaquin County District Attorney’s Office that serves victims and their survivor family members of homicide, sexual assault, and other crimes. As stated on the District Attorney’s website, “In California victims of crime have state constitutional standing and rights, guaranteeing that their voices will be heard.” For many cold case victims, their voice is still being heard through their surviving family members. Victims of Violent Crime of San Joaquin County is a nonprofit support group whose members are comprised primarily of surviving family members of unsolved murders. The group has held an annual vigil during the holiday season for the past twenty years. All of the surviving family members who gather at these vigils are ultimately seeking the same things: justice and closure. However, the Chief Executive of Victims of Violent Crime recognizes that in order for survivor family members to experience justice and closure, more cold case detectives are needed in San Joaquin County to investigate their cases.

0 There is a need for additional training specific to cold case investigations for the law enforcement agencies in San Joaquin County.

0 The elevation of cold case investigations as a priority is vital to the future success in investigating and solving cold cases in San Joaquin County.

0 There is no consistent procedure or practice for law enforcement agencies in San Joaquin County to maintain periodic contact with the family members of cold case victims.

There is inconsistency and confusion regarding what defines a “cold case” amongst the law enforcement agencies in San Joaquin County. 2.0 Counting Cold Cases in San Joaquin County Obtaining an accurate count of the current number of cold case homicides, missing persons, and sexual assaults in San Joaquin County is problematic, largely due to the overall lack of clarity and consistency in defining “cold cases.” Statements obtained through interviews and surveys of law enforcement agencies in San Joaquin County confirmed the difficulty and confusion in both obtaining and maintaining accurate number counts of cold cases. For example, one agency reported they have no idea how many new cold cases they receive. In addition, the lack of a digitized system for tracking older cases has resulted in some cold cases not being counted. The Grand Jury learned that the lack of accurate numbers in counting and tracking cold cases in San Joaquin County is a contributing factor to the overall lack of priority for staffing, funding, and investigating cold cases. Table 2 below shows cold case statistics that were obtained through interviews, surveys, and budget requests from the various law enforcement agencies in San Joaquin County. Table 2. Cold Case Statistics from San Joaquin County Type of Crime DA Escalon Lathrop* Lodi Manteca Ripon Sheriff Stockton Tracy Homicide 5721 0 NA NA 4 0 206 >3202 3 Missing persons with suspicious NA 0 NA NA NA 0 82 33 1 circumstances Sexual assault >2001 2 NA NA NA 0 NA NA 0 Attempted murder of a NA 1 NA NA NA NA NA NA NA Police Officer Homicide with an unidentified NA 0 NA NA 0 0 12 0 0 victim * Contracts with Sheriff Department for police services 1) District Attorney’s numbers are estimates for the entire county 2) Stockton estimate from 2015. This number has increased by an unknown amount since then. 3) There are an estimated 56 additional persons missing for more than ten years that are not currently classified as cold cases but remain open files with the Missing Persons Unit of the Stockton Police Department. It should be emphasized that the accuracy of the statistics provided for each crime category in the Table 2 are impacted by several important variables, including: ▪ Homicide – lack of digitized system for tracking older cases resulting in estimates that do not include every unsolved case from decades past ▪ Missing Persons – not always considered a crime; not always considered a cold case ▪ Sexual Assault – not always considered a cold case; the recent elimination of the ten-year statute of limitations on sexual assault cases through SB 813 should impact this metric and bring needed focus to unsolved sexual assault cases Findings

There are more than 500 cold case homicides in San Joaquin County, including 12 homicide victims whose remains have never been positively identified. The exact number of cold case homicides is unknown due to the lack of a consistent written definition for “cold case” and the lack of a digitized tracking system.

The lack of accurate numbers in counting and tracking cold cases in San Joaquin County is a contributing factor to the overall lack of priority for staffing, funding, and investigating cold cases. 3.0 Increasing Numbers of Cold Cases in San Joaquin County Violent Crime in San Joaquin County Statistics concerning the number of homicides and forcible rapes in San Joaquin County during the past decade show significant fluctuations. Crime statistics in San Joaquin County are most impacted by the amount of crime within the City of Stockton. Table 3 below shows the number of homicides and rapes in both Stockton and the rest of San Joaquin County from 2010 through 2015. Table 3. Homicide and Rape Statistics in San Joaquin County Crime Location 2010 2011 2012 2013 2014 2015 Total Homicide Stockton 49 58 71 32 49 49 308 Rest of 6 6 6 1 8 10 37 County Total 55 64 77 33 57 59 345 Rape Stockton 107 90 90 91 134 135 647 Rest of 37 28 34 24 25 45 193 County Total 144 118 124 115 159 180 840 Homicide Clearance Rates The national “clearance rate” for homicide was 64.1% as of 2015. Fifty years ago, it was more than 90%. “Clearance rate” is the term used by law enforcement to describe cases that end in arrest, or when a suspect has been identified but cannot be arrested due to death or other circumstances. Research identifies the following key contributing factors to the substantial increase in unsolved homicides in the United States: • Stranger-on-stranger homicide • Increased use of firearms in homicides • Increased involvement of gangs or drugs • Witness fear of retaliation • Witness distrust of law enforcement The nature of violent crime in America has changed over the decades. In the early 1960’s, the vast majority of homicide cases involved individuals who knew one another. By 1992, 53% of all murders occurred between strangers. The FBI collects crime clearance statistics but doesn’t provide numbers by jurisdiction. That makes it difficult to assess the clearance rates of local law enforcement agencies. Table 3 shows that the number of homicides throughout San Joaquin County from 2010 through 2015 is 345. Assuming the national average clearance rate of 64% is applied, that leaves 124 unsolved homicides for that same period. The Stockton Police Chief recently stated that 70% of the city’s homicides in 2018 were closed, which is a higher number than in previous years. While this improvement is commendable, it still leaves approximately ten of Stockton’s 33 homicides in 2018 unsolved. Losing Ground The reality in both America and in San Joaquin County is that the cumulative number of unsolved homicides is increasing each year. The primary factor in this equation is the decreased clearance rate for solving homicides. However, the lack of effective cold case investigations is also a contributing factor. The Grand Jury found that cold case homicides in San Joaquin County are rarely solved or closed. Based upon interview and survey responses, as well as online research, the following is a complete listing of the known cold case homicide closures for the law enforcement agencies in San Joaquin County during the past five years: ▪ Stockton Police Department – two cases closed (both suspects deceased) ▪ Tracy Police Department – one case closed (suspect deceased) In addition, there have been no known arrests or prosecutions involving cold case investigations in San Joaquin County during the past five years. Each of the law enforcement personnel interviewed during this investigation confirmed that the cumulative number of cold case homicides is increasing each year. The San Joaquin County District Attorney’s Office recently reported that their office and other law enforcement agencies continue to fall further behind each year on cold case homicide investigations. Findings

The total number of cold case homicides in San Joaquin County is increasing each year due primarily to the decreased clearance rate for solving homicides.

Cold case homicide investigations in San Joaquin County rarely result in case closure, arrest or prosecution. This is a contributing factor to the increasing number of cold case homicides in San Joaquin County.

Due to the current inconsistencies in both defining and counting cold cases involving missing persons with suspicious circumstances, and sexual assaults, there is insufficient information to clearly determine the extent to which the number of those unsolved cases may be increasing. 4.0 Staffing Cold Case Investigations in San Joaquin County A Universal Challenge Any legitimate discussion concerning law enforcement staffing must begin with acknowledging what has become a universal challenge for police agencies: hiring and retaining qualified officers. This problem has impacted the various law enforcement agencies in San Joaquin County, most notably the two largest agencies: the Stockton Police Department and the San Joaquin County Sheriff’s Department. Reduced to only 331 sworn officers in 2013, the Stockton Police Department was greatly aided through the passage of Measure A by voters that same year. This three-quarter cent sales tax provided funding for law enforcement. The result was a stated goal to increase the Stockton Police force to 485 officers by June of 2017. Despite continued challenges in both hiring and retaining qualified officers, the number of uniformed Stockton police officers totaled 466 as of March 2019. The Stockton Police Chief indicated it was hard to reach the budgeted maximum of 485 officers due to retirements, attrition and staff leaving for other jurisdictions. The San Joaquin County Sheriff’s Office has also faced the same continual challenge in both hiring and retaining qualified sheriff’s deputies. The newly elected Sheriff recently confirmed both the shortage of sworn officers and the difficulty of finding qualified candidates to fill vacant positions. Even the smaller law enforcement agencies within San Joaquin County reported that their main challenge in filling vacant positions is the inability to get qualified applicants through the required background investigation. A Lesser Priority Cold cases are typically some of the most difficult and complex cases to work. They require seasoned investigators and dedicated staff that are focused solely on cold cases as their first priority. Unfortunately, that is rarely the reality in law enforcement. A national cold case survey in 2012 found that only ten percent of responding agencies had dedicated cold case investigators. This investigation revealed that there are currently only three individuals who are specifically assigned to investigate cold cases in San Joaquin County. None of these individuals is currently working on cold case investigations full-time. The current staffing of cold case investigators in San Joaquin County is as follows: ▪ Stockton Police Department – one retired detective working part-time (16-20 hours/week; maximum 960 hours/year) ▪ San Joaquin County Sheriff’s Department – one full-time sergeant working less than 25% of the time on cold case investigations ▪ San Joaquin County District Attorney’s Office – one full-time investigator working approximately 20%-30% of the time on cold case investigations The present level of cold case staffing in the largest law enforcement agencies in this county cannot be expected to effectively investigate and solve cold cases. In fact, it is evident that cold case investigative work is often the lesser priority in their work assignments. Statements obtained through interviews and surveys of various law enforcement personnel confirmed both the frustration in juggling competing priorities, and the futility in working cold case assignments alone. The Grand Jury learned that there are a significant number of cold case homicides with the Stockton Police Department and San Joaquin County Sheriff’s Department that have not been reviewed for many years due to insufficient staffing and lack of prioritization. Assessing Options The major law enforcement agencies in San Joaquin County need additional dedicated and experienced investigators for cold cases. Possible options for meeting this critical staffing need include the following: ▪ Transfer experienced staff from other assignments ▪ Hire additional qualified retirees (limited to part-time) ▪ Seek qualified volunteers Interviews with administrative and investigative staff revealed that the Stockton Police Department needs at least three more full-time detectives to effectively manage and investigate the current backlog of cold cases. The San Joaquin County Sheriff’s Department has consistently made unsuccessful budget requests for additional cold case staffing, requesting from two to four additional full-time deputies. The San Joaquin County District Attorney’s Office also made an unsuccessful budget request to add a Cold Case Investigator and an Investigative Assistant for 2018-2019. Staffing a successful cold case investigative team may require utilizing all available options, especially considering budgetary restrictions and pension/benefit costs. Casting a vision and building momentum through collaboration and successful investigations can generate enthusiasm that may appeal to retired detectives. As an example, the City of Walnut Creek Police Department successfully solved a cold case in 2011 and was energized to the point of “pushing for a volunteer squad, staffed by retired detectives, to update reports and apply new forensic analysis.” Findings

There is insufficient staffing for cold case investigations in San Joaquin County, primarily within the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office.

There are a significant number of cold case homicides with the Stockton Police Department and the San Joaquin County Sheriff’s Department that have not been reviewed in many years due to insufficient staffing and lack of prioritization.

Law enforcement agencies in San Joaquin County continue to be challenged in hiring and retaining enough qualified officers to fill budgeted positions. This has been a contributing factor to insufficient staffing of cold case investigations.

Providing experienced staffing for cold case investigations may require transferring staff from other assignments, hiring additional qualified retirees, or seeking qualified volunteers. 5.0 Funding Cold Case Investigations in San Joaquin County Overview A 2012 national cold case study by the Rand Corporation found that 56% of cold case investigations were funded through grants or supplemental agency funds. The same study found that only 20% of cold case investigations were being funded through established line items in the agency’s budget. There are numerous factors contributing to the funding deficit for cold case investigations in America. Economic crises, critical humanitarian and justice issues, and unfunded pension liabilities are but a few of the major elements impacting today’s budget priorities. In addition, the difficulty in quantifying a return on investment with cold case funding relative to active police investigations is another obstacle when competing for limited funds. San Joaquin County The Grand Jury found that funding for cold case investigative work has been insufficient for the law enforcement agencies in San Joaquin County primarily due to financial limitations and lack of priority. The interviews and surveys of law enforcement personnel consistently revealed a desire to accomplish more regarding cold case investigations. However, funding requests for additional cold case staffing, training, and technology have been routinely denied. This has been especially true for the three largest law enforcement agencies in San Joaquin County: the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. For example, the Sheriff’s Department has unsuccessfully requested additional staffing for cold case investigations every year since 2011. Responses from interviews and surveys consistently indicated the need for additional cold case staffing and training as the greatest priorities. Also mentioned were needed funding for technology improvements and for utilizing private laboratories to do additional testing of DNA evidence. Funding Alternatives Grant funding for cold case investigations has periodically been available through the National Institute of Justice, an agency of the United States Department of Justice (US DOJ). The Grand Jury learned that each of the three largest law enforcement agencies in San Joaquin County had attempted unsuccessfully to obtain such grants on one or more occasions in recent years. There was also a consensus amongst administrative staff that receiving grant money is helpful, but not sustainable to fund staffing year after year. However, research did reveal that the Sacramento County District Attorney’s Office, Laboratory of Forensic Services, did successfully obtain a grant of $336,293 in 2017 through the NIJ “DNA Capacity Enhancement and Backlog Reduction Program.” Another source of funding assistance might be the funds deposited annually into County DNA Identification Fund 20737 as a result of Proposition 69. The statute does not stipulate how the funds are to be disbursed at the local level. Currently, a Proposition 69 oversight committee meets periodically to approve disbursement of collected funds for reimbursement of expenses incurred for DNA collection. The County portion of funds in 2017 was $111,381. Such funds could possibly be used in a creative way to enhance DNA analysis and assist criminal investigations. One example is the Contra Costa County Sheriff’s Office recently spent $97,000 to purchase a RapidHIT ID System, a revolutionary technology to process DNA analysis in about 90 minutes. In summary, all available funding options for cold case investigations should be utilized moving forward. Potential cost savings may be achieved by utilizing retired detectives working part-time, without benefits, at approximately one-third of the cost of a full-time, benefited employee. Finding

There is insufficient funding for cold case investigations in San Joaquin County, primarily for the San Joaquin County Sheriff’s Department, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. The lack of sufficient funding is due primarily to financial limitations and lack of priority. 6.0 Investigating Cold Cases in San Joaquin County Preparation The following elements were identified through interviews and surveys as being essential to effective preparation for cold case investigations: ▪ Training specific to cold case investigations ▪ Organized computer database for cold cases Cold case investigation is a specialized field that is presently benefiting from both rapid technological advances and emerging investigative techniques. Numerous opportunities exist for cold case and related training through such organizations as the US DOJ, the State of California Department of Justice (CA DOJ), and various other law enforcement institutes, agencies, and associations. The Grand Jury learned that present cold case investigative staff in San Joaquin County have had minimal opportunities to stay current through relevant cold case training events. It remains commonplace in law enforcement for older cold case files dating back to the early 1990’s and before to remain as paper files stored in boxes and binders. This is no different in San Joaquin County. The Grand Jury learned that such case files can range from a dozen pieces of paper to four full binders. Retrieving and reviewing such files is cumbersome and inefficient, though retention of paper files may be desirable for some cases. The lack of an organized computer database inhibits accurate and efficient tracking, evaluation, prioritization, and investigation of cold cases. The San Joaquin County Sheriff’s Department acknowledged this challenge in their 2018-2019 Proposed Budget request, indicating that cold cases prior to 1990 are not digitized, thus requiring any review or evaluation of the case and evidence to be done by hand. Prioritization The 2012 Rand Corporation study on cold case investigations listed the following factors as those most influential in the decision to reopen cold cases: ▪ New witness coming forward ▪ New DNA technology to test old physical evidence ▪ New evidence for DNA testing ▪ Other physical evidence ▪ New technology to test other physical evidence The Rand study concluded that “these responses strongly indicate that physical evidence is the major factor in decisions to reopen cold cases.” In their 2018-2019 Proposed Budget Request, the San Joaquin County District Attorney’s Office stated their desire to assist law enforcement agencies throughout the County by reviewing and triaging unsolved homicide cases. Their goal is to identify DNA evidence that has not been previously submitted for testing, and submit that evidence to the California Department of Justice crime labs for analysis. Current staffing levels and priorities prevent this level of assistance from the District Attorney’s Office. The Grand Jury learned that some investigative staff at law enforcement agencies in San Joaquin County currently have no efficient or effective method of prioritizing which cold cases to investigate. Based upon interview results, the following prioritization methods are those being most utilized at present: ▪ Contact from family members of cold case victims ▪ Tips received/new information provided ▪ Random choice by the investigator ▪ Directed by supervisor Many of the current methods being utilized to prioritize cold case investigations in San Joaquin County are inconsistent with the priority of physical evidence as emphasized by the 2012 Rand Corporation study. Neither do many of the current methods for prioritization align with the method of triaging physical evidence proposed by the District Attorney’s Office. DNA Evidence (also see Appendix A) The Grand Jury learned through interviews and surveys that there are significant numbers of cold case homicides in San Joaquin County with DNA evidence that could be tested using enhanced DNA technology now available. The exact number of cases with testable DNA evidence is unclear due to the lack of effective tracking or evaluation methods. However, one estimate received by the Grand Jury indicated the number of such cases to be in the hundreds. Limitations Despite incredible advances in using DNA technology to identify persons, there are additional challenges presented to investigators of cold cases in San Joaquin County. The Grand Jury learned from multiple sources that the CA DOJ regional crime labs do excellent work; however, they are limited in the amount of staff time they can devote to evidence testing. This limitation was most apparent when involving cold cases where the chances of successful DNA testing results were less likely. Not only were the chances of approval for testing less likely for many cold cases, but the amount of time to receive a test result was often longer. Due to limited staff resources, the CA DOJ has policies in place that only allow them to analyze a minimal amount of DNA evidence based on their workloads and demands from law enforcement agencies throughout California. It is noteworthy that the Tracy Police Department’s recent closure of a cold case homicide resulted from additional DNA testing by a private, nonprofit laboratory that was reportedly utilized due to testing limitations at the CA DOJ crime laboratory. Another limitation in the investigation of cold case homicides in San Joaquin County is the significant percentage of cases involving street gangs. The Grand Jury learned that the number of cold case homicides involving street gangs is estimated to be as high as 50% in San Joaquin County. The significance of this reality does not pertain to a lesser demand for justice, but rather acknowledges that these cold cases present additional challenges, such as the lack of DNA or other physical evidence for testing, and the lack of available or willing witnesses to testify Findings

There is a need for additional training specific to cold case investigations for the law enforcement agencies in San Joaquin County.

The lack of organized computer databases for cold cases is impeding the effective evaluation and investigation of cold cases in San Joaquin County.

The methods for prioritization of cold case investigations in San Joaquin County are often ineffective, with insufficient emphasis placed on available physical evidence.

The exact number of cold case homicides in San Joaquin County that have testable DNA evidence is unknown due to the lack of effective tracking and evaluation methods.

There are limitations on the amount of physical evidence that the State of California Department of Justice crime laboratories will process for cold case investigations due to staffing and prioritization.

Cold case homicides involving street gangs often present greater challenges due to the lack of testable DNA evidence and the lack of available or willing witnesses. 7.0 Solving Cold Cases in San Joaquin County Elevation Any successful path forward in solving cold cases in San Joaquin County must begin with elevating the priority of staffing and funding such investigations. The focus and priority of law enforcement on today and tomorrow must expand to include the past. By not investigating cold cases or seeking arrests and convictions, criminals are potentially being allowed to commit additional violent crimes. Innovation (also see Appendix B) Another key element to future success in solving cold cases in San Joaquin County will be the utilization of advanced technology and emerging techniques, including: ▪ STRmix DNA interpretive software ▪ Rapid DNA technology ▪ Genetic genealogy ▪ DNA phenotyping These innovative techniques have assisted in solving cold cases throughout the United States. Collaboration A final critical component in the future success of solving cold cases in San Joaquin County will be the level of collaboration between all key members involved in the investigation and prosecution of such cases. This investigation revealed that there is presently a climate of isolation and frustration in attempting to investigate cold cases without the necessary assistance and support. Responses received from surveys and interviews revealed investigative staff want help in many areas, including: discussing case strategy, interviewing witnesses in the field, processing and serving warrants, obtaining legal advice, and testing of physical evidence. This investigation confirmed the necessity of a cooperative and coordinated relationship between law enforcement agencies and the District Attorney’s Office. The 2012 Rand Corporation study on cold case investigations emphasized the importance of cooperation between police and prosecutors in improving both the efficiency and the effectiveness of cold case investigations. The study indicated the benefit of having police consult with prosecutors beginning at case screening, to offer advice on whether the case is likely to produce a conviction and what kinds of evidence will be most compelling in court. In their 2018-2019 Proposed Budget Request, the San Joaquin County District Attorney’s Office expressed a clear desire to assist law enforcement partner agencies throughout the County with cold case investigations. However, the Grand Jury learned that there is presently minimal contact between the District Attorney’s Office and cold case investigative staff. There are many examples from nearby counties where the District Attorney’s Office has taken a leadership role in coordinating and facilitating cold case investigations and prosecutions. A few of these counties include: ▪ Sacramento County – Cold Case Prosecution Unit ▪ Contra Costa County – Cold Case-Unsolved Homicide Unit ▪ Alameda County – Unsolved Crimes/DNA Cold Case Unit ▪ Santa Clara County – Cold Case Unit ▪ Solano County – Cold Case Unit The desire for the San Joaquin County District Attorney’s Office to form a Cold Case Task Force was a consistent request in both interviews and survey responses from law enforcement agencies throughout the County. Such a Cold Case Task Force is needed to provide a multitude of essential functions in cold case investigations, including: ▪ Establish a Mission Statement clearly defining “Cold Cases” ▪ Coordinate training specific to cold case investigations ▪ Provide legal assistance including case review, warrant processing, and prosecution ▪ Coordinate with CA DOJ crime laboratories for necessary testing ▪ Collaborate with other counties and law enforcement agencies for support ▪ Collaborate regarding advocacy for victim’s families and witnesses As one example of successful collaboration, the Santa Clara County District Attorney’s Office joined with county law enforcement agencies to sign a Cold Case Partnership and Cooperation Agreement. The county crime laboratory also joined this partnership and made a commitment to handle DNA in an expedited manner. The District Attorney also asked every county law enforcement agency for access to unsolved homicide and sexual assault cases in order to assist with locating and submitting DNA evidence, interviewing witnesses, and conducting a comprehensive case evaluation. Findings

The elevation of cold case investigations as a priority is vital to the future success in investigating and solving cold cases in San Joaquin County.

The utilization of innovative technology and emerging techniques is an essential element to the future success of investigating and solving cold cases in San Joaquin County.

The level of collaboration between law enforcement agencies and the District Attorney’s Office is a critical component to success in solving and prosecuting cold cases.

There is minimal contact between the District Attorney’s Office and cold case investigative staff in San Joaquin County due to lack of staffing and priority.

There is universal support amongst law enforcement agencies in San Joaquin County for the District Attorney’s Office to form a Cold Case Task Force to support cold case investigation and prosecution. 8.0 Maintaining Contact with Families of Cold Case Victims The consequences of unsolved cold cases include victims without justice and families without answers. This painful reality is one driving force behind the proposed Cold Case Accountability Act of 2020. One aspect of this proposed legislation is a requirement for law enforcement agencies to provide regular updates in writing and in person to families of cold case victims. The Grand Jury learned through interviews and survey responses that there is currently no consistent procedure or practice for law enforcement agencies in San Joaquin County to maintain periodic contact with the family members of cold case victims. Most contacts with victims’ families are currently being initiated by family members, and often correspond to the victim’s birthday or the anniversary of their death. Many law enforcement personnel refrain from initiating contact with families of cold case victims due to time constraints, the lack of any progress to report, or the potential to provoke emotional trauma. Perhaps a reasonable and sensitive response is that the family should be consulted regarding their desired frequency of contact. Such contacts could be handled by nonsworn personnel in order to minimize the time impact on investigative staff. Victim Services is a program of the San Joaquin County District Attorney’s Office that serves victims and their survivor family members of homicide, sexual assault, and other crimes. As stated on the District Attorney’s website, “In California victims of crime have state constitutional standing and rights, guaranteeing that their voices will be heard.” For many cold case victims, their voice is still being heard through their surviving family members. Victims of Violent Crime of San Joaquin County is a nonprofit support group whose members are comprised primarily of surviving family members of unsolved murders. The group has held an annual vigil during the holiday season for the past twenty years. All of the surviving family members who gather at these vigils are ultimately seeking the same things: justice and closure. However, the Chief Executive of Victims of Violent Crime recognizes that in order for survivor family members to experience justice and closure, more cold case detectives are needed in San Joaquin County to investigate their cases. Finding

There is no consistent procedure or practice for law enforcement agencies in San Joaquin County to maintain periodic contact with the family members of cold case victims.