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