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The Needle in the Haystack: Finding Corroborative Evidence in Child Abuse Cases Jillian Anderson Assistant Prosecuting Attorney and Rebeca Navarro-McKelvey.

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Presentation on theme: "The Needle in the Haystack: Finding Corroborative Evidence in Child Abuse Cases Jillian Anderson Assistant Prosecuting Attorney and Rebeca Navarro-McKelvey."— Presentation transcript:

1 The Needle in the Haystack: Finding Corroborative Evidence in Child Abuse Cases Jillian Anderson Assistant Prosecuting Attorney and Rebeca Navarro-McKelvey Chief Legal Counsel, Juvenile Office

2 Notice of Copyright Use This presentation contains the creative works of others which are used either by permission, license, or under 17 U.S.C. 107 (fair use). The presentation was created under the Fair Use Guidelines and further use or distribution of the presentation is not permitted.

3 What is Corroborating Evidence? Evidence that strengthens, adds to, or confirms already existing evidence Finding corroborating evidence can be like finding a needle in the haystack

4 Why is corroboration evidence so important? Child sexual abuse cases are unique Victim has limited self-expression Sense of time and memory not the same as adults Victim vulnerable to external pressures Crime usually involves multiple incidents, multiple locations, for a prolonged period of time with no witnesses Crime may remain undiscovered for years

5 Sources of Corroborating Evidence

6 Children’s Division and Juvenile Office Statements Hotline history CAN history in other states Medical History Work /address history School history Open Hearings

7 The Forensic Interview

8 Abuse Scenario 5 year old Stewie Griffin makes a disclosure that “ a man in my neighborhood touched my pee when we played Mario Kart.”

9 Sensory Based Forensic Interview Where were you when the man touched your private? What did you see in that room? Do you hear anything while he was touching your private? What did he touch you with? How did it feel when he touched your private? Was this before school, after, or non-school day? How did you get to the place where the touching happened? What were you doing, before, during and after touching? Did anyone know you would be at that place? Did you smell anything in the room? What did he look like? What was he wearing? Where were your parents?

10 WITNESS TESTIMONY AS CORROBORATING EVIDENCE

11 Robe, slippers seized Stewie shows police where house is located Corroborating Evidence Embraces Child Dad’s credit card rec confirms he was in Chicago Mom’s signature on nursing home log Hershey’s rapper in trash Big Wheel is photographed Lotion, ben gay, and denture cream SW of home, silver walker, wii console, t.v. located and seized Ugly brown carpet is photographed Stewie is Credible Meg confirms Stewie told her he was riding wheel D’s phone records and answering machine

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14 Why does Recantation Happen? Pressure/Suggestibility Failure to Protect by Non-Offending Parent Coercion/Threat Love/Loyalty Foster Care

15 Police ride

16 Defendant and Respondent Parent Statements Failure to Protect Mom Defendant Pervert (Mom’s Boyfriend)

17 Defenses and Refuting Evidence Confession Ridiculous Explanation Retaliation Recantation SODDI Cultural Child Mentally Ill Confession Accident/Ridiculous Self-Inflicted/Child Mentally Ill SODDI Retaliation Cultural Medical Condition

18 RESPONDENT MOM’S LETTER TO DEFENDANT BOYFRIEND

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20 Corroboration in Physical Abuse Cases Photograph injuries Bilateral photographs (compare and contrast) Photograph, videotape, diagram all possible scenes and mechanisms Sensory FI for victim Secure detailed medical hx Measure all objects/distances mentioned by suspect Get a detailed statement of where injury occurred and how Consider for F.I. for siblings of victim (eye/ear witness)

21 Digital Evidence


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