School cops faulted in possible rape
Prosecutors reopen case of 4-year-old as chief admits mistake in ignoring medical records.
Travis County prosecutors have opened an investigation into the possible sexual assault of a 4-year-old girl at a South Austin school, two months after school district police closed the case and questioned whether a crime had occurred — despite a crucial investigative lead they never followed.
Medical records from Dell Children’s Medical Center obtained by the American-State s man and KVUE-TV show the girl, who attends Boone Elemen- tary, required “emergent surgical repair of ... lacerations” and was diagnosed with having trauma consistent with “sexual assault by bodily force” by an unidentified person.
Austin Independent School District police responded to the hospital, met with parents and doctors, who explained the girl’s injuries and why they think she might have been sexually assaulted, and later conducted a forensic interview with the child. When she didn’t identify a perpetrator, detectives closed the case and deemed any allegation of sexual assault “unfounded.”
Police ended the investigation, however, without gathering the girl’s medical records, which officials acknowledge should have prompted a more thorough review of the case. Prosecutors also say police didn’t consult with them before ending their investiga- tion — often a critical step before deciding how to proceed.
Austin school district Police Chief Eric Mendez said Friday, “During the course of the investigation, we failed to get a medical record that could prove to be vital in determining whether we have a sexual assault or not. Yes it is important, yes we should have looked at it.”
Mendez said a detective working on the case talked to a prosecutor about what evidence he had before closing the case, but Assistant District Attorney Beverly Mathews, who supervises the agency’s child abuse unit, said investigators and her office had no formal conversations about the allegation.
Mathews only learned of the case late last week after a civil attorney recently hired by the girl’s parents presented a copy of the hospital’s diagnosis report to her.
“We are absolutely looking into it, including medical records that were never gathered by law enforcement until now,” she said.
The girl’s parents and attorney Paul Guinn question how authorities have handled the investigation and said they hope to learn what happened.
“We are just very confused and frustrated at how this process has played out over the past two months,” the girl’s mother said. “All we want are answers about what happened to our daughter that day.”
Guinn added, “The parents are searching for answers to what happened to their daughter on that day. We want to ensure that a thorough investigation takes place to determine what happened and who was involved. However, these parents have been left in the dark throughout this process, and that is problematic.”
According to Guinn and the parents, the girl’s mother dropped her off at the school Feb. 7 for a prekindergarten program. She picked her up about three hours later, and when the girl used the bathroom that afternoon, the child started screaming. The girl’s mother found evidence of trauma, and the girl’s father left work early to go home.
The couple and their daughter arrived at the hospital about 6 p.m., where the girl underwent an 18-hour stay that included an operation. Doctors also administered a “rape kit,” the results of which are still pending, investigators said.
At the hospital, the child named a number of possible assailants. A few days later, the parents took their daughter to the Center for Child Protection for an interview, but she didn’t pinpoint a suspect. Mendez said investigators closed the case Feb. 22.
The girl’s mother said she became frustrated at the school district police and contacted Austin police to see if they would help. She said because the incident occurred on a school property, district police had jurisdiction. Then they hired Guinn. In the past two months, the school’s principal, Alan N. Stevens, has sent at least five letters about the incident to parents in the child’s class and to all Boone Elementary parents.
“The safety and well-being of all of our students at Boone Elementary is our top priority,” a Feb. 22 letter said. “With that in mind, I am writing to inform you about a situation that has affected our campus. A Boone Elementary teacher has been placed on administrative leave, pending the results of an investigation. Because the investigation is ongoing, I cannot provide any additional information at this time.”
A subsequent letter in March shows the teacher was returning to the classroom.
Prosecutors said school police routinely consult with them on cases, often doing so when they question whether they have enough evidence for an arrest.
They said in serious matters, such as the sexual assault of a child, it isn’t unusual for them to take a case to a grand jury prior to an arrest to determine whether the grand jury thinks investigators have probable cause for an indictment.
Mathews declined to comment on how prosecutors may proceed in this case because the investigation is pending.
Mendez said detectives will use the medical records to continue their investigation, which could include additional interviews with other students or school staff.
He said he also will be meeting with investigators about how they handled the case.
“Anytime we do something that has an impact on an investigation, it is a training issue,” he said. “That is something we affirm with the investigator — the steps that are necessary when conducting an investigation.”