HomeMy WebLinkAbout2011-097
RESOLUTION NO. 2011-97
RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE
SUBMITTAL OF A NATIONAL INSTITUTE OF JUSTICE GRANT APPLICATION
'SOLVING COLD CASE HOMICIDES USING DNA' AND AUTHORIZING THE
OBLIGATION AND EXPENDITURE OF THE $277,778 GRANT AWARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council hereby ratify the submission of
Program grant in the amount of $277,778, a copy of which is attached hereto and incorporated
herein as Exhibit "A".
SECTION 2. The Police Chief or his designee is hereby authorized and directed to
execute and administer on behalf of the City said Grant upon award.
SECTION 3. Be it further resolved that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
SECTION 5. It is also agreed that this award is not subject to local hiring freezes.
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RESOLUTION NO. 2011-97
1 RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE
2 SUBMITTAL OF A NATIONAL INSTITUTE OF JUSTICE GRANT APPLICATION
'SOLVING COLD CASE HOMICIDES USING DNA' AND AUTHORIZING THE
3 OBLIGATION AND EXPENDITURE OF THE $277,778 GRANT AWARD.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting
thereof, held on the 2nd day of
, 20 II, by the following vote, to wit:
May
Council Members:
AYES
NAYS
ABSENT
ABSTAIN
MARQUEZ
x
VACANT
BRINKER
x
SHORETT
x
KELLEY
----1L
JOHNSON
x
MCCAMMACK
x
The foregoing resolution is hereby approved this
~~k,~C~
TJ!.
4 day of May
,2011.
Approved as to form:
JAMES F. PENMAN,
City Attorne .' . ;'
/1 0/ c: . / /
B~" .' 2. . '. /t;z~
2011-97
SOLVING HOMICIDE COLD CASE FILES
USING DNA ANALYSIS
San Bernardino Police Department
March 8,2011
2011-97
CONTENTS
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IS
Abstract
Introduction
Problem Statement
Program Design
Program Implementation
Organizational Capabilities and Competencies
Impact/Outcomes and Evaluation
Pitfalls
Appendices
a. Solving Cold Cases With DNA Process Model
b. Project timeline and milestones
c. Biographical Sketches
d. Letters of Support
e. Bibliography
Budget Detail
Budget Narrative
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ABSTRACT
Recent advancements in DNA technologies have made it possible to analyze biological
and physical evidence from old case files that would previously been considered unlikely to yield
DNA information. The San Bernardino Police Department will review 450 (UCR Part-I)
homicide cold case files for physical or biological evidence and prioritize a list of cases with the
potential to be solved using DNA analysis.
The review of 450 cold case files will be performed by two part-time investigative
personnel along with existing homicide detectives working on an overtime basis. Police
investigators will create a Cold Case Task Force comprised of participants from the Police
Department, San Bernardino Sheriff Crime Lab, San Bernardino County District Attorney and
the Victim-Witness Unit. Members of the Task Force will work to identify and prioritize viable
cold case files, submit evidence from those cases for DNA testing and close cases that lack
sufficient evidence.
All physical and biological samples will be submitted to the San Bernardino Sheriff
Crime Lab for DNA analysis. Currently the estimated time for processing and release of DNA
test results is 6 months. A search for pay-for-service labs capable of proving qualified services
found no other qualified laboratories in the County.
Cases that are selected based upon the cold case review criteria and provide a positive
DNA profile will be entered into CODIS by the Sheriff Crime Lab personnel. These cases will
be re-assigned to San Bemardino Police homicide detectives who will work with the Victim
Witness Unit and the District Attorney's office to move the case toward adjudication.
Performance measures will track the number of cases processed, analyzed for DNA and
ultimately solved using DNA analysis.
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INTRODUCTION
The City of San Bernardino is located approximately 60 miles east of Los Angeles in the
Inland Empire region of southern California. As the seat of San Bernardino County, the City of
San Bernardino is home to many government services including the Superior Court, health and
family services, employment development and probation-parolee resources. These factors
contribute to the increase in the population of unemployed and homeless citizens within the City.
Founded in 1810, The City of San Bernardino was once the hub of a thriving regional
agricultural industry. The establishment of the Santa Fe Railroad depot in San Bernardino in
1918 and the construction of Norton Air Force Base in 1942 fostered an era of economic and
population growth in San Bernardino that lasted for decades. During the 1990's, the closure of
Norton Air Force Base and relocation of Santa Fe Railroad operations to Kansas profoundly
affected the local economy by increasing unemployment and decreasing local tax revenue.
These events triggered economic and social decline that influence crime rates, poverty, and
quality oflife issues in San Bernardino today!.
The City's geographic boundaries encompass approximately 60 square miles. The
abundance of affordable real estate, often valued far less than other southern California regions,
fueled a significant population increase from 123,429 residents in 1980 to over 205,000 residents
in 20092. Over the years, the 'cheap living' and 'open territory' that exist in the City of San
Bernardino have influenced the eastward migration of Los Angeles area citizens including large
numbers of gang members and parolees.
The City of San Bernardino and the Inland Empire region as a whole continue to feel the
effects of the 2007 national recession. Since 2007, the City of San Bernardino has reduced its
I The Los Angeles Times-June 14,2004
2 City of San Bernardino Community Profile 2010
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general fund expenditure budget from $154,882,200 to $130,909,700; eliminated over 200
general unit employee positions; reduced the San Bernardino police force by 57 police officer
positions; and mandated the elimination of 27 additional police officer positions before June 30,
20113. To accommodate these staffing reductions, the San Bernardino Police Department has
been required to make significant organizational changes. As police officer positions are
eliminated in response to approved budget reductions, police resources must be shifted to
maintain essential law enforcement duties. Sworn personnel assigned to specialty units like Cold
Case Investigations are reassigned to cover essential policing functions and calls for service.
PROBLEM STATEMENT
The City of San Bernardino has earned the distinction as one of California's most violent
cities. In 2008, San Bernardino was ranked the 4th most dangerous city in California based upon
violent crime per capita4 In 2010, the City of San Bernardino ranked 34th in the United States
for the most crime per capita5
Table 1. San Bernardino Police Department Homicide Cases 1990-2010.
YEAR 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
HOMICIDE
CASES 78 66 84 83 78 70 46 36 48 25 35
YEAR 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
HOMICIDE
CASES 34 47 51 50 61 61 45 32 32 31
Between 1990 and 2010, San Bernardino detectives investigated 1085 homicide cases
(Table I.). The majority of homicides committed in the City of San Bernardino involve gang or
drug related criminal activity. To date, a minimum of 450 or 41 % of these part-I UCR homicide
3 City of San Bernardino Finance and City Manager's office reports
4 Los Angeles Times June 1,2009
5 CQ Press using data reported from FBI "Crime in the United States 2009"
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cases have gone cold and remain unsolved6. In the majority of these unsolved cases, possible
DNA evidence has been collected at the crime scene that could be crucial in assisting the
identification of suspects or potential unknown witnesses. The types of evidence collected
include ball caps, cigarette filters, clothing, beer cans, blood, hair, expended cartridge casings,
fingernail clippings and other articles touched by the suspect.
Since 1990, there have been considerable advancements in DNA technology. Physical
evidence once considered to be aged, degraded, and inadequate in quantity or otherwise
compromised may now yield DNA profiles7 The San Bernardino Police Department has
identified 450 UCR Part-l homicide cold case files to review for potential DNA analysis.
Citywide budget and personnel reductions have resulted in the prioritization and shifting of
resources. Consequently, the San Bernardino Police Cold Case Unit currently operates with one
full time detective investigator. Similarly, budget reductions within the County of San
Bernardino have affected staffing levels of partnering agencies such as the San Bernardino
Sheriff Crime Lab and the San Bernardino County District Attorney's office. Essentially, all
program participants are doing more with fewer resources.
PROGRAM DESIGN
To increase the potential for program success (case prosecution) and maximize the
benefit of grant funds, the San Bernardino Police Department will select and review only UCR
Part-l homicide cold case files that have the potential to be solved through DNA analysis. This
priority is based upon the following factors:
. The Statute of Limitations does not apply to homicide cases III the State of
California.
62010 San Bernardino Police Department Violent Crime database
7 DNA Initiative-Advancing Criminal Justice Through DNA Technology
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. The San Bernardino Sheriff Crime Lab assigns highest priority to DNA analysis
of evidence collected in homicide cases.
The San Bernardino Cold Case Unit is staffed with one full time detective. To meet
program objectives of reviewing 450 homicide cold case files, it will be necessary to hire two
part-time investigative analysts. Existing police personnel (three homicide detectives, one crime
analyst and one investigative sergeant) will work on an overtime basis to follow up on cases
selected for DNA analysis, prepare and maintain a cold case database and provide program
support and supervision. In-kind contributions will include property technician personnel to
locate and prepare case evidence for investigators; crime analyst for maintenance of the cold case
database; existing police detectives for processing re-opened cases; and vehicle usage for
transportation of personnel and evidence samples for analysis.
The successful review and investigation of unsolved cold case files requires cooperation
among law enforcement agencies, the Sheriff Crime Lab, the District Attorney, and the Victim
Witness office. San Bernardino Cold Case investigators will form a Cold Case Task Force
comprised of members from these agencies. The Task Force will meet monthly to evaluate
potential cases, review the activities of each agency and make a recommendation for
continuation on each case. Collectively, the Task Force will work to eliminate and close cold
cases that lack physical or biological evidence, find DNA matches for viable evidence, and
pursue suspects of homicide cases until they are prosecuted. Increasingly, there are more news
articles and media coverage of successes using advanced DNA technology to solve cases that
have been considered unsolvable. In January 2011, the Los Angeles County Sheriff solved a 29
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year old homicide case as a result of re-opening the case and analyzing old evidence using
modem DNA technologies8
PROGRAM IMPLEMENT AnON
The grant project will be implemented over a period of 18 months. The first two months will
include hiring and organizational activities. The remaining months will be spent reviewing and
processing cold case files for DNA analysis. A project process model and timelines are attached
as appendices to the program narrative. The primary components of the cold case investigation
process are outlined in Table 2.
Table 2.
SOLVING COLD CASE FILES WITH DNA-I 8 MONTH PROGRAM
# TOTAL
PROCESS PERSONNEL CASES HOURS/CASE HOURS
Hiring and Organization Existing staff
Review 450 cold case Investigative
homicide files Analyst 450 3 1350
Locate and retrieve case Property
evidence Technicians 450 2 900
Evaluate evidence, compile Investigative
case summanes Analyst 450 2 900
Monthly Task Force Investigative
meeting Analyst 10/month 10 hrs/month 160
Investigative
Submit samples to crime lab Analvst 10/month 10 hrs/month 160
Crime
Update cold case data base Analyst 20 hrs/month 320
Program oversight, case Police
work Sergeant 40 hrs/month 640
Police 40 hrs/month x
Case review, follow up Detective ~80 hours 1280
Two part-time investigative analysts, each working 20 hours per week will review cold
case files. The investigative analyst job description is currently being developed. Candidates
8 L.A. Daily News Lancaster Cold Case Murder Solved After 29 Years January 9,2011
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will be selected from a pool of retired police detectives that have years of expenence
investigating violent crime and in most cases will be familiar with many aspects of the cases
selected for review and DNA analysis. This familiarity will increase the potential for solving
homicide cases.
The review of cold case files by investigative analysts will require 2-3 hours per case to
identify the existence of evidence that could be analyzed with DNA technology. The review of
450 cold case files will require approximately 1350 investigative analyst man hours.
The location and retrieval of selected homicide case evidence will require approximately
2 hours per case to be performed by existing property technician personnel. The estimated 900
hours of property technician man hours needed to retrieve case evidence will be accomplished
within the scope of normal work hours and will be considered an in-kind contribution.
The evaluation of evidence for possible DNA analysis will require approximately two
hours per case (900 hours) to be conducted by the investigative analyst with support from
existing detectives. This process will generate a list of cases for evaluation by the Cold Case
Task Force. The Task Force will prioritize and recommend cases for DNA analysis based on the
age of the case, existence of biological evidence, existence of known suspect and or witnesses,
physical condition of evidence and cases with evidence that was previously tested.
Evidence from selected cases will be analyzed by the San Bernardino Sheriff Crime Lab.
This is the only facility in San Bernardino County that is accredited and meets the FBI standards
for bi-annual external audits. All successful DNA profiles obtained with funding from this
program will be entered by Sheriff Crime Lab personnel into the FBI Combined DNA Index
System (CODIS). The Sheriff Crime Lab assigns the highest priority to homicide case samples.
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Results from Priority-l homicide case analyses are typically available within 6 months. The
analysis of some evidence can take as long as one year to be completed and entered into CaDIS.
A search for accredited fee-for-service crime labs in San Bernardino County revealed that
all non-government labs must depend upon the San Bernardino Sheriff Crime Lab to enter
CaDIS profile information. DNA analysis conducted by the Sheriff Crime Lab is provided to
the San Bernardino Police Department at no cost. San Bernardino Police investigative analysts
will spend an average of 10 hours per month coordinating the transportation and analysis of
evidence to the Sheriff Crime Lab.
Homicide cases with evidence that yield a DNA profile and CaDIS match will be re-
assigned to an existing homicide detective for follow up and advancement of the case toward
adjudication.
ORGANIZATIONAL CAPABILITIES AND COMPETENCIES
The San Bernardino Police Investigations Bureau is staffed with two lieutenants, four
sergeants and 30 detectives. Personnel selected to participate in the DNA cold case grant
program are seasoned investigators with some of the highest qualifications within the
department. Collectively, the sergeant, detectives and investigative personnel assigned to this
grant bring over 150 years oflaw enforcement expertise to this project. Biographical sketches
are attached as appendices to the grant narrative.
As an organization, the San Bernardino Police Department is the current recipient of 14
state and federal grants totaling more than $4 million dollars annually. The San Bernardino
Police Department received grant awards in 2009 from the COPS hiring and JAG ARRA
stimulus grants. The San Bemardino Police Department is also the recipient ofOJJDP and BJA
G.R.E.A.T awards, BJA JAG awards, Homeland Security and state Office of Traffic Safety
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grants. San Bernardino Police Administrators have demonstrated success and competence in the
implementation and administration of state and federal grants. The department has maintained a
reputation for grant program success and regulatory compliance.
IMP ACT/OUTCOMES AND EVALUATION
The purpose of this grant project is to identify and prioritize homicide cold case files that
contain physical or biological evidence and have the potential to be solved through DNA
analysis.
The goal is to solve as many homicides cold case files as possible by reviewing and prioritizing
cases that have the greatest solvability factors; age, condition of evidence; location of contacts
and witnesses. The immediate objective is to review 450 cold case homicide files that remain
unsolved since 1990.
In 2008, the San Bernardino Police Cold Case Unit conducted a review of 100 cold case
homicide files that were investigated between 1977 and 1989. This cold case review resulted in
a total of six cases that contained evidence suitable for DNA analysis; four of the six eligible
cases yielded DNA profiles that were entered into CODIS and two (33%) of the six eligible
samples resulted in case prosecution and conviction of the suspect.
Using the 2008 cold case project as an example and assuming the same ratio of hits and
convictions to samples tested, we could hope for an outcome of 27 eligible samples, 18 DNA
profiles and 9 cases forwarded to adjudication and successful prosecution. The performance
measures for this grant proposal are attached as appendices to the grant narrative.
PITFALLS
A significant omission from this grant proposal is the allocation of grant funds toward
support positions in partnering agencies. Contacts in the District Attorney's office and Sheriff
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Crime Lab expressed regret that they are not able to provide additional staff during this time
when their departments are experiencing staffing cutbacks. The San Bernardino Police
Department has received letters of support from these agencies pledging to assist our efforts to
solve cold case homicides using DNA technology.
Another potential pitfall in the process is the amount of time required to receive DNA lab
results. Currently there are few options to circumvent the backlog experienced at the Sheriff
Crime Lab. To mitigate this problem the project timeline is constructed to allow enough time for
the review of evidence and at least six months for collection oflaboratory results.
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Appendix a
Solving Coid Cases With DNA
Project Process Model
450 Unsolved Homicide Cases
...
Investigative Analysts review cold
case files and list cases with physical
and biological evidence
Property Technicians locate and
retrieve evidence for inspection and
evaluation
No physical or viable biological
evidence found. Cases removed from
list
Investigative Analy sts review evidence
and prepare list of cases for Task
Foree review
Task Force recommends cases for
further analysis and investigations
Investigative Analysts prepare and
coordinate testing of sarnp les with
Crime Lab
~ples with DNA profiles are
entered into COOLS by Crime Lab
Personnel
Cases with COOlS hit are re-assigned
to existng homicide detectives for
follow up with D.A.
2011-97
The Cold Case Homicide Unit will systematically review all unsolved homicides and reopen cases based
on the solvability factors.
. Cases with suspect DNA that can be submitted to the Combined Offenders DNA Information
System (CODIS)
. Cases with latent print evidence that can be submitted to Cal-ID, Western States, or the FBI's
automated fingerprint systems
. Cases with ballistics evidence that can be submitted to DRUG FIRE and/or National Integrated
Ballistics Information Network (NIBIN)
. Cases with modus operandi and/or signature aspects that are sufficiently unique for matching to
other cases captured through the FBI's Violent Crime Apprehension Program (ViCAP)
. Cases that could not be filed because identified suspects and/or witnesses could not be located
or were uncooperative at the time of the original crime.
. Cases that originally lacked evidence for a criminal filing, but could now be proven through
application of new evidence processing techniques.
Prioritizing Cold Cases:
1. Potential DNA evidence available to be processed/reprocessed and submitted into CODIS or
compare with known or possible suspects.
2. Latent Fingerprints and/or ballistic evidence available
3. Witnesses available and/or probable leads to follow-up
4. Witnesses not available and/or No leads
Appendix b
DATE
September 2011
October 2011
2011-97
DNA Grant Project Timeline
ACTIVITIES
Grant awarded, documents signed.
Part-time staff hired
Develop database
Purchase computer equipment
Organize staff assignments and schedules
November 2011
Begin case review of 450 homicide files
December 2011
January 2012
February 2012
March 2012
April 2012
May2012
June 2012
July 2012
August 2012
September 2012
October 2012
November 2012
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Continue reviewing cold case files
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Continue reviewing cold case files
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Continue reviewing cold case files
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Continue reviewing cold case files
Submit 6 month progress report
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Continue reviewing cold case files
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Record available DNA lab results-proceed as recommended
Continue reviewing cold case files
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Record available DNA lab results-proceed as recommended
Re-assgin eligble cases for follow up with DA and Victim Witness
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Record available DNA lab results-proceed as recommended
Evaluate eligible cases for prosecution
Conduct Cold Case Task Force meeting
Submit Task Force approved cases to crime lab
Record available DNA lab results-proceed as recommended
Review 12 months of case data
Conduct Cold Case Task Force meeting
Record available DNA lab results-proceed as recommended
Re-assgin eligble cases for follow up with DA and Victim Witness
Com plete 12 annual progress report
Conduct Cold Case Task Force m<;Jeting
Record available DNA lab results-proceed as recommended
Review cases for re-assignment and prosection
Conduct Cold Case Task Force meeting
Record available DNA lab results-proceed as recommended
Appendix b
December 2012
January 2013
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DNA Grant Project Timeline
Review cases for re-assignment and prosection
Update Cold Case data base
Conduct Cold Case Task Force meeting
Record available DNA lab results-proceed as recommended
Reassign eligible cases for possible adjudication
Finalize the review of pending lab results
Complete reassignment of open cases
February 2013
Conclude grant funded activigtes
Prepare case assignment for follow up to adjudicate cases that
are prosecuted as a result of grant funded DNA analysis
2011-97
Appendix c
GRANT PERSONNEL
BIOGRAPHICAL SKETCH
TITLE:
Detecive
NAME:
William Flesher
YEARS OF LAW ENFORCEMENT SERVICE: 33
LAW ENFORCEMENT ASSIGNMENTS:
Patrol
MET-SWAT
Field Training Officer
Narcotics Investigations
Homicide Investigations
Cold Case Homicide Investigations
TRAINING AND EDUCATION:
Criminal Investigation
Advanced Criminal investigation
Homicide Investigation
Officer Involved Shooting
Blood Spatter Analysis
Community Leadership Training
Interview and Interrogation
Crime Scene Investigation
Advanced Crime Scene Investigation
DNA/Cold Case Symposium
NCIS Homeland Security Cold Case Seminar
Forensic Pathology Seminar
California Homicide Investigators Association Symposium
International Homicide Investigators Association Symposium
2011-97
Appendix c
GRANT PERSONNEL
BIOGRAPHICAL SKETCH
TITLE:
Lieutenant
NAME:
Brian Koerner
YEARS OF LAW ENFORCEMENT SERVICE: 26
LAW ENFORCEMENT ASSIGNMENTS:
MET/SWAT
Administrative Sergeant
District Commander
Watch Commander
Investigative Lieutenant
Executive Officer
Violent Crime/Gang unit Commander.
TRAINING AND EDUCATION:
Criminal Investigations
Officer Involved ShooterlManagement
POST certified Supervisory course
Supervisory Leadership Institute
National Incident Management
Strategic Police Planning
2011-97
Appendix c
GRANT PERSONNEL
BIOGRAPHICAL SKETCH
TITLE:
Sergeant
NAME:
Gary Robertson
YEARS OF LAW ENFORCEMENT SERVICE: 30
LAW ENFORCEMENT ASSIGNMENTS:
Patrol
Narcotics Investigations
Field Training Officer
Homicide Detective
Investigative Sergeant
Crime against children
Missing person cases
Violent crime and homicide cases.
TRAINING AND EDUCATION:
Homicide Investigations
Officer Involved Shooting Investigations
Blood Stain Dynamics
Interview and Interrogation Techniques
Search Warrant Writing
Advanced Officer Training
Coroner Investigations
Informant Development.
2011-97
Appendix c
GRANT PERSONNEL
BIOGRAPHICAL SKETCH
TITLE:
Detective
NAME:
Robert Sullivan
YEARS OF LAW ENFORCEMENT SERVICE: 17
LAW ENFORCEMENT ASSIGNMENTS:
Patrol Sergeant
Bicycle Enforcement
Narcotics Investigations
Field Training Officer
Homicide Detective
Robbery Detective
Internal Affairs Detective
Investigative Sergeant.
TRAINING AND EDUCATION:
Homicide Investigations
Criminal Investigations
Officer Involved Shooting Investigations
Blood Spatter Analysis
Interview and Interrogation Techniques
DNA Cold Case Symposium
High Profile Homicide and Murder Case Management.
2011-97
Appendix c
GRANT PERSONNEL
BIOGRAPHICAL SKETCH
TITLE:
Detective
NAME:
Robert Sullivan
YEARS OF LAW ENFORCEMENT SERVICE: 17
LAW ENFORCEMENT ASSIGNMENTS:
Patrol Sergeant
Bicycle Enforcement
Narcotics Investigations
Field Training Officer
Homicide Detective
Robbery Detective
Internal Affairs Detective
Investigative Sergeant.
TRAINING AND EDUCATION:
Homicide Investigations
Criminal Investigations
Officer Involved Shooting Investigations
Blood Spatter Analysis
Interview and Interrogation Techniques
DNA Cold Case Symposium
High Profile Homicide and Murder Case Management.
2011-97
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ROO HOOPS, SHERIFF.CORONER
Scientific Investigations Division
200 South Lena Road
San Bernardino, CA 92415-0056
(909) 387-2200
March 3, 2011
Mr, John H, Laub, Director
National Institute of Justice
Office of Justice Programs
U,S. Department of Justice
810 Seventh Street, NW
Washington, DC 20531
Dr, Mr, Laub,
The City of San Bernardino Police Department is preparing a grant application for the
solicitation "Solving Cold Cases with DNA", If awarded, the City will use grant funds to
identify, review, and investigate violent cold cases that have the potential to be solved
using DNA analysis,
Our agency supports the San Bernardino Police Department's endeavor and realizes
the positive aspects associated with it, to include the identification of a suspect and
successful prosecution of an otherwise unsolved homicide cold case.
~
We currently provide forensic laboratory services for the San Bernardino Police
Department including DNA processing, profiling, comparison and data entry into the
CODIS system.
It is our department's intent to continue working in a partnership with the San
Bernardino Police Department and to process evidence submitted by that 'agency in a
timely manner,
Sincerely,
Steven hnson
Crime Laboratory Director
San Bernardino County Sheriff's Department
sbjohnson@sbcsd,org
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
655 East Third Street. San Bernardino, California 92415-0061 Post Office Box 569 . San Bemardino, california 92402.0569
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2011-97
JERRY LEWIS
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March 8, 2011
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Honorable Eric H. Holder, Jr.
Attorney General of the United Sates
Department of Justice
Robert F. Kennedy Building
950 Pennsylvania Ave, NW
Washington, D.C. 20530
Dear Horable Holder:
I write in strong support of the City of San Bernardino's National Institute of
Justice Research, Evaluation and Development Project Grant for Solving Cold Cases
with DNA.
With this grant, the City of San Bernardino will review 450 homicide cold cases,
making a real difference in the lives of my constituents harmed by these crimes while
building inter governmental cooperation. At the local level, the City and San
Bernardino County will establish a Cold Case Task Force. The Task Force will share
positive DNA profiles with the nationally available FBI CODIS database. The Cold
Case Task Force will use stringent performance measures to track the number of cases
processed, analyzed and prosecuted using the DNA analysis. The Department of Justice
and the FBI can use these results as a template for other regional task forces.
I am aware of the many competing interests facing the Department of Justice.
Please keep the City of San Bernardino's application in mind when making grant
decisions.
I look forward to working with you in the future to meet the needs of
communities in my Congressional District. Please do not hesitate to contact me if I can
be of any assistance to you or your staff.
Sincerely.
n~1.
Jerry Lewis
Memher of Congress
2011-97
County of San Bernardino
Office of the District Attorney
MICHAEL A. RAMOS, District Attorney
March 1, 2011
Keith Kilmer
Chief of Police
San Bemardino Police Department
PO. Box 1559
San Bemardino, CA 92402-1559
Subject:
Department of Justice "Cold Case" Grant Application
Dearc~~~
It is my understanding that the San Bemardino Police Department has applied for a grant through
the Department of Justice which would enable your department to bring added resources to the
review of "cold cases" for the purpose of identifying potential DNA evidence. As the District Attomey
of San Bemardino County, I strongly support cold case investigations and your application for this
funding. It is my belief that the entire law enforcement community must never rest until we have
done everything possible to achieve justice for the families of victims. It has been the experience of
my office that current DNA technology is an effective tool for solving homicides and other serious
crimes which occurred prior to the development of this forensic tool. Although as you know we have
been impacted by budgetary cuts, this will not deter our resolve to fully prosecute any perpetrators
identified by your "cold case unit."
Sincerely,
MICHAEL A. RAMO
District Attomey
County of San Bernardino
303 West3rd Stree~ San Bernardino, California 92415-0502 (909) 387-8309 Fax (909) 382-7674
E-mail address: da@sbcda.org Web site: wwwdistrict-allorney.org
I
2011-97
OFFICE OF THE MAYOR
PATRICK J. MORRIS
300 North D Street
San Bernardino, CA 92418
909.384.5133 . Fax 909.384.5067
www.sbcity.org
February 28, 2011
Mr. John H. Laub, Director
National Institute of Justice
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW
Washington, DC 20531
Dr. Mr. Laub,
The City of San Bernardino Police Department is preparing a grant application for the
solicitation "Solving Cold Cases With DNA". If awarded, the City will use grant funds to
identifY, review, and investigate violent crime cold cases that have the potential to be solved
using DNA analysis.
In recent years, the City of San Bernardino has been ranked the 18th most dangerous city in the
United States. Between 1990 and 20 I 0, police detectives investigated 1085 homicide cases.
Approximately 41 % or 450 of these homicide cases have gone unsolved and are now classified
as 'cold cases'.
The FY 2010-11 Police budget includes the elimination of funding for 27 police officer positions
with the potential for the elimination of 25 additional police officer positions by June 30, 20 II.
Despite the creation of a cold case investigative unit, the reduction of police personnel has had a
negative impact on the resources available to investigate and solve violent crime cold cases.
We are committed to reducing the number of violent crime cold cases in the City of San
Bernardino. This grant will provide essential funding for staffing and laboratory services needed
to reduce and ultimately solve homicide cold cases.
Sincerely,
~
2011-97
\,} I~,\ i,i
OMS APPROVAL NO. 1121-0188
EXPIRES 5.98 (Rev. 119r+ .
Budget Detail Worksheet
Purpose: The Budget Detail Worksheet may be used as a guide to assist you in the preparation of
the budget and budget narrative. You may submit the budget and budget narrative using this form or in
the format of your choice (plain sheets, your own form, or a variation ofthis form). However, all
required information (including the budget narrative) must be provided. Any category of expense not
applicable to your budget may be deleted.
A. Personnel - List each position by title and name of employee, if available. Show the annual
salary rate and the percentage of time to be devoted to the project. Compensation paid for employe,,<s; ,\ ,
engaged in grant activities must be consistent with that paid for similar work within the applicant
organization.
Name/Position
Crime Analyst Kim Waldo
Computation Cost
$83.200 annual salary. Working 1280 hours or 61.5 1$51,200.00
$83,200 annual salary. Working 1280 hours or 61.5' 1$51,200,00
$120.561 annual salary. Working 640 hours of overti 1$55,644..00
$106,354 annual salary. Working 640 hours of overti 1$49,086.00
$106,408 annual salary. Working 640 hours of overti $49,111.00
$61.092 annual salary. Working 320 hours of overtim $14,098.00
SUB-TOTAL $270,339.00
llnvestigative Analyst
Ilnvestigative Analyst
IpOlice Sergeant Gary Robertson
IpOlice Detective William Flesher
Police Detective Robert Sullivan
B. Fringe Benefits - Fringe benefits should be based on actual known costs or an established
formula, Fringe benefits are for the personnel listed in budget category (A) and only for the
percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA,
Workman's Compensation, and Unemployment Compensation.
Name/Position
!Investigative Analyst
ICrime Analyst Kim Waldo
JpOlice Sergeant Gary Robertson
Ipolice Detective William Flesher
Ipolice Detective Sullivan
Computation
!part-time employment-no benefits
Cost
Overtime 1.75% (medicare 1.45%. Unemployment .3
11$000
1$246.72
1$973,77
1$859,00
11$85944
SUB-TOTAL $2,938.93
Overtime 1.75% (medicare 1.45%. Unemployment.3
Overtime 1.75% (medicare 1.45%, Unemployment .30)
IOvertime 1.75%
Total Personnel & Fringe Benefits $273,2779~.
OJP FORM 715011 (5.95)
2011-97
C. Travel- Itemize travel expenses of project personnel by purpose (e.g., staff to training, field
interviews. advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3-day' . ~...;
training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees
should be listed separately. Show the number of trainees and the unit costs involved. Identify the I
location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel
Regulations.
Purpose of Travel Location Item Computation Cost
ITravel entry 1. two lines per II " II II I
entry
ITravel entry 2 II II II II I
ITravel entry 3 II " I II I
ITravel entry 4 II " II I
rravel entry 5 II II II :
rravel entry 6 II II II I
, ,
l'
rravel entry 7 II II II II I
TOTAL $0.00
D. Equipment - List non-expendable items that are to be purchased. Non-expendable equipment
is tangible property having a useful life of more than two years and an acquisition cost of$5,OOO or
more per unit. (Note: Organization's own capitalization policy may be used for items costing less than
$5,000). Expendable items should be included either in the "supplies" category or in the "Other"
category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, espe-
cially high cost items and those subject to rapid technical advances. Rented or leased equipment costs
should be listed in the "Contractual" category. Explain how the equipment is necessary for the success
of the project. Attach a narrative describing the procurement method to be used. I
I
Item Computation cos~
Desktop Computer with Monitor 12 units@$1500each 1 1$3,000.00 I
Color Laser Printer 11 unit @ $500 I 1$500.00 I
leqUIPment entry 3 II I I I
!eQUiPment entry 4 II 1 I I
leqUiPment entry 5 II I I I
TOTAL $3,500.00
" [
"!
2011-97
E. Supplies - List items by type (office supplies, postage, training materials, copying paper, and
expendable equipment items costing less that $5,000, such as books, hand held tape recorders) and
show the basis for computation. (Note; Organization's own capitalization policy may be used for
items costing less than $5,000). Generally, supplies include any materials that are expendable or
consumed during the course of the project.
Supply Items Computation Cost
IEvidence pouches & packaging supplies II I $500.00 J
I II I I
!SUPPIY item 3 II I I
ISUPPIY item 4 II I I
ISUPPIY item 5 II I I
ISUPPIY item 6 II I I
ISUPPIY item 7 II I I
ISUPPIY item B II I I
I I
supply item 9
TOTAL $500.00
.-
F. Construction - As a rule, construction costs are not allowable. In some cases, minor repairs <lr ! 1
.JI
renovations may be allowable. Check with the program office before budgeting funds in this
category.
Pnrpose Description of Work Cost
four lines per entry, use boxes below or an additional I II
page for more space if required I
I II I
I II -1
I II ..' ,
I
TOTAL $0.00
2011-97
G. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or
the Federal Acquisition Regulations are followed.
Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily
fee (8-hour day), and estimated time on the project. Consultant fees in excess of$450 per day require
additional justification and prior approval from OlP.
Name of Consultant Service Provided Computation Cost
ISUPPIY item 1, one line per entry I maximum of three lines I II I
ISUPPIY item 1, one line per entry I I II I
IsuPPly item 1. one line per entry I I II i
ISUPPIY item 1, one line per entry I I II ,
S b I $0.00
u toto
Consultant Expenses: List all expcnses to be paid from the grant to the individual consultants in
addition to their fees (i.e., travel, meals, lodging, etc.)
Item Location Computation Cost
Consultant expense entry 1. one line P8f. 'maximum of three lines II I
I I
I II I
I Ilmaximum ofthree lines I
Iconsultantexpense entry 1, one line p~lmaXimum of three lines 1
Subtotal $0.00
Contracts: Provide a description of the product or service to be procured by contract arid an estimate
ofthe cost. Applicants are encouraged to promote free and open competition in awarding contracts.
A separate justification must be provided for sole source contracts in excess of $1 00,000.
Item Cost
maximum of four lines. additional information should be attached on a separate sheet(s)
ImaXimum of four line. I .,~ :
Subtotal $0.00
TOTAL $0.00 H' I
2011-97
H. Other Costs - List items (e.g., rent, reproduction, telephone, janitorial or security services,
and investigative or confidential funds) by major type and the basis of the computation. For example, ..
provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and
. how many months to rent.
Description Computation Cost
four lines per entry, use boxes below or an additional
page for more space if required
I II I
I II II I
I II I I ~
i
I II .
II I
I II II I
I II II I
TOTAL $0.00
I. Indirect Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect
cost rate. A copy of the rate approval, (a fully executed, negotiated agreement), must be attached. If
the applicant does not have an approved rate, one can be requested by contacting the applicant's ....-.-1
,
cognizant Federal agency, which will review all documentation and approve a rate for the applicant
organization, or if the applicant's accounting system permits, costs may be allocated in the direct costs
categories.
Description Computation Cost
lone tine per entry II II I
lone line per entry II II I
t II II I
I II II I
I II II I
I II II I
TOTAL $0.00
-
2011-97
Budget Summary- When you have completed the budget worksheet, transfer the totals for each
category to the spaces below. Compute the total direct costs and the total project costs. Indicate the
amount of Federal requested and the amount of non-Federal funds that will support the project. ..
Budget Category Amount
A. Personnel $270,339.00
B. Fringe Benefits $2,938.93
C. Travel $0.00
D. Equipment $3,500.00
E. Supplies $500.00
F. Construction $0.00
$0.00 .
G. Consultants/Contracts
H. Other $0.00
Total Direct Costs $277,277.93
I. Indirect Costs $0.00
TOTAL PROJECT COSTS $277,277.93
Federal Request
$277,277.93
Non-Federal Amount
;
.J
2011-97
Budget Surnrnary- When you have completed the budget worksheet, transfer the totals for each
catcgory to the spaces below. Compute the total direct costs and the total project costs. Indicate the
amount of Federal requested and thc amount of non-Federal funds that will support the project...
Budget Category Amount
A. Personnel $270,339.00
B. Fringe Benefits $2,938.93
C. Travel $0.00
D. Equipment $3,500.00
E. Supplies $500.00
F. Construction $0.00
$0.00 .
G. Consultants/Contracts
H. Other $0.00
Total Direct Costs $277,277.93
r. Indirect Costs $0.00
TOTAL PROJECT COSTS $277,277.93
Federal Request
$277,277.93
Non-Federal Amount
;
,
..'
2011-97
Solving Homicide Cold Case Using DNA Analysis
San Bernardino Police Department
March, 20 II
BUDGET NARRATIVE
PERSONNEL
Investigative Analyst:
Two part-time investigative analysts will be hired to complete the review, identification, and
prioritization of cold case files that have the potential to be solved using DNA analysis. Annual
salary for this position is $83,200. Analysts will each work part-time, 20 hours per week,
earning $40 per hour with no benefits. Each analyst will work approximately 1280 hours over
the course of the 18-month grant period for a total of 2560 hours. Prol!ram cost $102.400.
Investigations Sergeant:
One homicide sergeant will be responsible for coordination of program activities, personnel
assignments, case review and project oversight. The annual salary for this position is $120,561.
The investigative sergeant will work 10 hours of overtime per week at an overtime rate of $86.94
per hour to review cases (up to 50 cases per month). A total of 640 overtime hours are projected
for this position through the 18-month period of the grant. Prol!ram cost $55,644.
Homicide Detective:
Two homicide detectives will be responsible for the review and summary of each case that is
found to have physical evidence in preparation for Task Force review. Additionally, cases that
are tested and return a DNA profile will be re-assigned to homicide detectives for follow up with
the District Attorney and Victim Witness unit to move the case toward prosecution and
adjudication. The annual salary for these positions is $106,354 and $106,408. Each detective
will work 10 hours of overtime per week at an overtime rate of $76.70 and $76.74 per hour
respectively during 16 months of the grant period. A total of 1280 overtime hours are projected
for the duties associated with these positions. Prol!ram cost $98,197.
Crime Analyst:
One crime analyst will be assigned responsibility for the development and update of the
homicide cold case database and to compile and maintain data necessary to complete the grant
performance measures. The armual salary for this position is $61,092. The crime analyst will
work 5 hours of overtime per week at an overtime rate of $44.06 per hour over the course of the
18 month grant period. A total of320 hours are projected. Prol!ram cost $14,098.
PERSONNEL TOTAL $270,339
FRINGE BENEFITS
Investigative Analyst:
These positions are part-time and will not have an associated fringe benefit cost.
Investigative Sergeant:
Fringe benefits for overtime include 1.45% for Medicare and .30% for unemployment for a total
of 1.75%. Prol!ram cost $973.77
2011-97
Solving Homicide Cold Case Using DNA Analysis
San Bernardino Police Department
March, 2011
Homicide Detectives: Fringe benefit rates for overtime include 1.45% for Medicare and .30%
for unemployment for a total of 1.75%. Prol!:ram cost $1718.45
Crime Analyst: Fringe benefit rates for overtime include 1.45% for Medicare and .30% for
unemployment for a total of 1.75%. Prol!:ram cost $246.72
FRINGE BENEFIT TOTAL $2939
EQUIPMENT
Computers: To accommodate the work load of the two part-time investigative analyst
positions it will be necessary to purchase two desktop computers with monitors and operating
software at a cost of $1500 per computer. Prol!:ram cost $3,000
Printer: To facilitate the work assigned to the Cold Case Task Force, it will be necessary
to purchase a color laser printer that will be dedicated to the personnel assigned to this grant
program. The color laser printer will facilitate the reproduction of color photos of evidence
under consideration for DNA analysis. Prol!:ram cost $500
EQUIPMENT TOTAL $4000
SUPPLIES
Supplies:
Evidence pouches and swabs for case evidence
Prol!:ram cost $500
SUPPL Y TOTAL $500
BUDGET SUMMARY:
Personnel
Fringe Benefits
Equipment
Supplies
$270,339
$ 2,939
$ 4,000
$ 500
Grant Budget Total
$277,778
2011-97
Appendix e
BIBLIOGRAPHY/REFERENCES
Martin, Hugo. "San Bernardino Shows Off One Leg of Its Revival Plan". Los Angeles Times 14
June 2004, local.
Morris, Patrick. "City of San Bernardino Community Profile" 2010 <http://www.ci.san-
bernardino. ca. us/about! default. asp.
O'Leary Morgan, Kathleen. "City Crime Rankings 2010-201 n. Washington, D.C.: CQ Press,
2010.
Winton, Richard and Smith, Doug. "Most California Cities Saw Crime Drop, But There Were
Exceptions". Los Angeles Times I June 2009 L.A. NOW.
Daily News Wire Services, "Lancaster Cold Case Murder Solved After 29 Years". Daily News
Los Angeles, January 9, 2011.
"DNA Initiatives-Advancing Criminal Justice Through DNA Technology" <http://
www.DNA.gov/solving-crimes/cold-cases