“I will overhaul the Sheriff’s Office’s approach to Sexual Assault Evidence Kits to meet Maryland law requirements. Sheriff Jenkin’s track record for handling Sexual Assault Evidence Kits is atrocious and shocks the conscience. ”
Why does the Frederick County Sheriff’s Office handling of Sexual Assault Evidence Kits need improvement?
“Other Reasons” is not an acceptable reason for not submitting Sexual Assault Evidence Kits for testing!
Maryland Law Enforcement Agencies are required, by law, to submit to the Office of Attorney General information regarding sexual assault evidence kits in their custody. The Maryland Sexual Assault Evidence Kit Policy & Funding Committee releases an annual report containing a summary of this reporting.
The annual reports can be found here: https://msa.maryland.gov/msa/mdmanual/26excom/html/32sexassaultevid.html
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In Fiscal Year (FY) 2019, the Sheriff reported a total of 53 sexual assault evidence kits in inventory collected between1998- 2019. Only 4 kits were tested in 2018 and 2019. 26 kits were destroyed. (Annual Report January 2020, Appendix B, Page 44)
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In FY 2020, the Sheriff reported a total of 28 kits in inventory not submitted for testing. (Annual Report January 2021, Page 12)
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In 2021, the Sheriff reported a total of 28 kits in inventory not submitted for testing and 4 partially tested kits. (Annual Report, January 2022, Page 6)
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In FY 2022, the Sheriff failed to submit an Annual Report. (Annual Report, January 2023, Appendix C, Page 45)
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In FY 2023, the Sheriff reported collecting 17 kits. Only 4 kits were tested. 8 kits were not tested due to state law exceptions. 4 kits were not tested for “Other Reasons”. 1 kit pending testing at time of reporting. The Sheriff did not report the total number of kits in inventory. (Annual Report, January 2024, Appendix B, Page 43)
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In FY 2024, the Sheriff reported collecting 22 kits. Only 4 kits were tested. 7 kits were not tested due to state law exceptions. 11 kits were not tested for “Other Reasons”. The Sheriff did not report the total number of kits in inventory. (Annual Report January 2025, Appendix B, page 61)
2024 Sexual Assault Evidence Kit Testing Under The Current Sheriff
Under Maryland Law, all Sexual Assault Evidence Kits are to be submitted to a forensic laboratory for testing unless they meet the following :
There is clear evidence disproving the allegations of sexual assault;
The facts alleged could not be interpreted as a crime;
The victim declines to give consent for analysis;
The suspect’s profile was previously uploaded into the FBI’s Combined DNA Index System as a convicted offender for a qualifying offense and the suspect pled guilty in the current sexual assault case.
( MD. CODE, Crim. Proc. §11-926(e)1-4 (2020); https://mcasa.org/assets/files/SAEK_Testing_Fact_Sheet_2022.01.pdf)