the needle in the haystack: finding corroborative evidence in child abuse cases jillian anderson...
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The Needle in the Haystack: Finding Corroborative Evidence
in Child Abuse Cases
Jillian AndersonAssistant Prosecuting Attorney
andRebeca Navarro-McKelvey
Chief Legal Counsel, Juvenile Office
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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
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
Sources of Corroborating Evidence
Children’s Division and Juvenile Office
•Statements
•Hotline history
•CAN history in other states
•Medical History
•Work /address history
•School history
•Open Hearings
The Forensic Interview
Abuse Scenario
5 year old Stewie Griffin makes a disclosure that “ a man in my neighborhood touched my pee when we played Mario Kart.”
Sensory BasedForensic 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?
WITNESS TESTIMONY ASCORROBORATING EVIDENCE
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 W
heel is
photo
graphed
Lotion
, ben
gay,
and
dent
ure
crea
m
SW of home, silver walker, wii console, t.v. located and seized
Ugly brown
carpet is
photographed Stewie is Credible
Meg confirmsStewie told herhe was riding wheel
D’s phone records
and answering machine
Why does Recantation Happen?
• Pressure/Suggestibility
• Failure to Protect by Non-Offending Parent
• Coercion/Threat
• Love/Loyalty
• Foster Care
Police ride
Defendant and Respondent Parent
Statements
Failure to Protect MomDefendant Pervert(Mom’s Boyfriend)
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
RESPONDENT MOM’S LETTER TO DEFENDANT BOYFRIEND
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)
Digital Evidence