Judge dismisses victims' lawsuit over Houston rape kit backlog

Monday, March 27, 2017, in Houston. Monday, March 27, 2017, in Houston. Photo: Marie D. De Jesus, Houston Chronicle Photo: Marie D. De Jesus, Houston Chronicle Image 1 of / 1 Caption Close Judge dismisses victims' lawsuit over Houston rape kit backlog 1 / 1 Back to Gallery

A federal judge has dismissed a 2017 lawsuit two rape victims filed against Houston's current mayor and police chief and five sets of predecessors for allowing a backlog of rape kits to accumulate over decades without being tested, arguing that failure ensured the plaintiffs' attackers were on the street when they otherwise could have been behind bars.

Both women were raped by serial offenders whose DNA long had been in police databases, but who went unidentified until Houston paid two private laboratories to erase its backlog of more than 6,000 untested kits in 2013 and 2014.

The plaintiffs sought damages, saying city officials violated their rights to due process and equal protection, and that officials illegally took their property and violated their personal privacy and dignity under the Fourth Amendment.

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U.S. District Judge Vanessa Gilmore dismissed the case, saying the lawsuit had not been filed quickly enough and that the plaintiffs' claims did not cover rights guaranteed by the Constitution.

Mayor Sylvester Turner said he was pleased at the ruling.

"We recognize the importance of timely and appropriate processing of evidence and the critical role that it plays in solving crimes and prosecuting perpetrators before they can victimize others," Turner said. "The great work of the Forensic Center helps us carry out the central mission of protecting the safety of all Houstonians."

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Attempts to reach the plaintiffs' attorney, Randall Kallinen, on Friday were unsuccessful.

Houston began tackling its backlog of rape kits in early 2013 under former mayor Annise Parker and ex-Police Chief Charles McClelland, drawing on $4 million in federal grants to outsource DNA testing to private forensic labs.

Parker also led the initiative to make the crime lab independent of the Houston Police Department in April 2014, though the lab remains in the HPD headquarters building at 1200 Travis. The lab now is run by a board of civilian forensic experts.

mike.morris@chron.com

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