Update: JCPD's practices in handling of sexual assault cases inadequate, investigation finds

Johnson City has received the results of an investigation that indicates the Johnson City Police Department's handling of sexual assault cases was not consistent with acceptable practices in law enforcement.According to the 45-page audit from the Connecticut-based Daigle Law Group, which looked at over 300 cases from January 2018 through December 2022, "certain investigative practices authorized by the JCPD could negatively affect the quality and efficiency of their response to sexual assault cases."The report goes on to state, "we discovered certain practices that discourage female victims of sexual assault from collaborating with law enforcement, ultimately damaging the investigative process. Our investigation revealed that no legitimate law enforcement purpose, or any other reason, justifies these inadequacies. These investigative shortcomings seem to stem from misconceptions and stereotypes about women and victims of sexual assault."Daigle Law Group, in its report, did say the JCPD does not have widespread problems with underreporting, misclassifying or downgrading reports of sexual assault that it has observed in other law enforcement agencies.The report identified eight key findings within the police department, which include:• The records management system and records process at JCPD is inadequate to support the effective operation of the department.• The sexual assault investigations conducted by JCPD have material deficiencies that can hinder the ability to collect necessary evidence for a complete and accurate investigation.• JCPD's investigations were found to be inconsistent, ineffective and incomplete.• The JCPD process of closing investigations is flawed and inaccurate.• The JCPD needs to ensure that all complaints of misconduct against the department, including anonymous complaints, are timely investigated.• Supervision was insufficient to ensure full, fair and complete investigations.• Department policies and procedures do not meet industry standards and legal requirements to investigate sexual assault investigations.• Department training is insufficient to effectively conduct unbiased sexual assault and related investigations.Johnson City City Manager Cathy Ball called the findings both significant and difficult."When we received this report, it was very difficult to digest in terms of just reading the case files and really seeing the words on paper," Ball said. "But having the information and knowing how to move forward at this point is so powerful. So now we know what we need to do."For each finding, a number of recommendations were made by the Daigle Law Group to improve the issues identified in the report.One of those identified issues, the report's indication of misconceptions and stereotypes about women, was called "troublesome" by Ball, but she said she believed it was fixable."I think a lot of the training around it and the understanding around it and the trauma-informed training that we will do will address that."The report does also say that some of the JCPD's practices around sexual assault cases are appropriate and meet industry standards."We recognize that the city and JCPD are committed to conducting high-quality investigations and improving its response to sexual assault. Some aspects of JCPD's sexual assault investigations are generally quite good. Our review found that JCPD does not have the widespread problem with underreporting, misclassifying, or downgrading reports of sexual assault that we have observed in other law enforcement agencies.""We also want to acknowledge that within this report there is no finding of willful intent of corruption or of illegal activity," Ball said.The city sought the third-party investigation from the Daigle Law Group last year after a federal lawsuit was filed by former Special Assistant U.S. Attorney Kateri Dahl alleging the JCPD failed to investigate reports of a Johnson City man raping multiple women and then fired Dahl when she pushed for a deeper investigation. Several of the alleged victims have since filed a suit against the city as well.Johnson City has already taken some steps to improve areas identified by the Daigle Law Group, such as allocating $208,000 for police training (a $100,000 increase from last year), $50,000 for a new records management system, $100,000 for increased Criminal Investigation Division pay along with a 5-year commitment to serve within that department to help with caseloads and $85,000 for a digital forensics analyst and software in the 2023-24 fiscal year budget. City officials said they have also created a more comfortable space for victims being interviewed, fully implemented and begun training on the district attorney's new sexual assault investigation protocol, completed a review of investigative policies and procedures and assessed the need for more staffing.Ball said the police department would also be reviewing cases looked at by Daigle and evaluating whether those cases could be reopened."To the victims, on behalf of the city administration and the Johnson City Police Department command staff, we acknowledge to you that there are cases where we did not handle your cases appropriately," Ball said. "We are prepared to review those cases. We are prepared to open those up if needed on a case-by-case basis. We are prepared to regain your trust."Ball said the police department would be working toward improving the problem areas identified in the report and that she planned to update the Johnson City Board of Commissioners on their progress at least every six months.Ball will make a formal report to the commissioners about the audit during its July 20 meeting. Citizens will be able to make public comments on the report at that time. Feedback about the audit can also be submitted to Ball via email at citymgr@johnsoncitytn.org. The full audit is available at www.johnsoncitytn.org/DLGAudit.Ball's message to those in the city who are concerned about their safety following the findings is one of compassion."I would say to them — we care about you," Ball said. "We know more than we did. We understand more about trauma, the trauma that is caused by becoming a victim of sexual assault, and we know that we are committed to the experience that you have moving forward is very compassionate, very caring, and that you are surrounded by the right people moving forward."