GETTING THE FACTS

untested, but they were not sitting around his office. That number reflects those that were sent in by police departments across the state once DeWine took over.

Untested rape kits languishing in police evidence rooms had been a longstanding problem in many states when Cordray became Ohio attorney general in 2009. Some departments didn’t test the kits, citing hassles or cost. The national backlog continues today.

During Cordray’s tenure, news coverage by the Cleve- land Plain Dealer led to more scrutiny.

Here’s what was known about untested kits when Cordray was in office. In July 2010, the Cleveland Police said they had found in their possession more than 6,000 rape kits going back to 1993, some of which had already been tested. The department decided it would start submitting all kits for testing to the state. By mid 2011, Cleveland began submitting untested kits in small batches to the state, according to a timeline written by Case Western Reserve University.

While Cordray “Rape kits” are shorthand was attorney genfor sexual assault forensic eral, Ohio — like evidence kits, which are col- much of the country — had lected soon after a sexual no consistent testing policy. assault or rape. A nurse or Each law enforcement agency a doctor collects evidence decided whether and how to including tissue and hair sam- test rape kits, which could be ples from the victim’s body done at local labs or sent to and clothing, including saliva, the state. Cleveland police blood and semen. The evidecided whether to test kits dence helps law enforcement on a case-by-case basis. investigate assaults. The Plain Dealer reported

The ad said that while Corthat the state Bureau of Crim- dray was attorney general, inal Identification and Inves12,000 rape kits were left tigation would test every kit

Republican Ohio Attorney General Mike DeWine said he has tested thousands of rape kits that his predecessor Richard Cordray had let languish.

“While Richard Cordray was Attorney General, 12,000 rape kits like Allyssa’s were left untested. Cordray’s failure left serial rapists free to strike again,” said DeWine’s TV ad narrated by rape survivor Allyssa Allison. “Then Mike DeWine became Attorney General. He tested all 12,000 rape kits. Now hundreds of rapists are behind bars.”

DeWine ousted Cordray in 2010. The two men are now facing off for governor.

DeWine portrays Cordray as ignoring untested rape kits as they piled up. But the backlog of untested rape kits can’t be blamed mainly on the attorney general; local police departments had a role, too. The ad omits that Cordray started to address the backlog as it drew more attention in the summer of 2010, but he had little time left in office.

Cordray’s actions on rape kits

Cleveland planned to send, though its preference was for departments to limit their submissions to evidence that officials thought would be most likely to provide leads. (BCI is under the purview of the attorney general.)

Cordray in 2010 called for lawmakers, law enforcement officials and victim advocates to study best practices for testing and develop a statewide protocol.

In his final months in office, Cordray formed the Ohio Sexual Assault Kit Testing Commission and announced that the state would receive new DNA-testing robots to speed up testing.

Cordray then lost to DeWine.

In a recent conference call with reporters, Cordray ques- tioned why DeWine took seven years — until he was in the middle of a campaign — to clear out the backlog.

“What he cannot explain is why it took him seven years to do a job he says I should have done in five months,” he said.

Cordray coun- terattacked with his own ad that featured Republican Shelby County Sheriff John Lenhart. The sheriff said that Cordray put the technology in place and “fixed” the backlog that had stretched for decades. That’s misleading — while Cordray started to address the problem, he didn’t fix it.

DeWine’s actions on rape kits

DeWine took office in Janu- ary 2011. A few months later he restarted the rape kit test commission after the Cleve- We are now working with PolitiFact, a fact-checking website that rates the accuracy of claims by elected officials and others who speak up in American politics. We will check into what they say and tell you whether it’s true. the state or other crime labs within one year.

In February 2018, DeWine announced that the state had analyzed 13,931 rape kits and had loaded more than 8,600 DNA profiles to a federal database used by law enforcement. (The TV ad cited 12,000 rape kits because it subtracted any rapes that occurred after Cordray left office.) DeWine said that charges had been filed against hundreds of attackers.

The Cuyahoga County Prosecutor said that they have convicted 376 defendants between 2013 and 2018 largely based on rapes that occurred between 1993 and 2010, before DeWine took office. The average prison sentence is 11 years.

land Heights police department misplaced evidence tied to Anthony Sowell, a serial killer and rapist.

The Cleveland Plain Dealer wrote in an editorial in May 2011 that “building on an initiative of his predecessor, Richard Cordray, DeWine says he will stop sending DNA samples to private labs.” Instead, the state would han- dle processing.

In December 2011, DeWine announced that police should DeWine said in a TV ad, submit all kits for testing if a “While Richard Cordray was crime probably occurred. At Attorney General, 12,000 the time, about half of sexrape kits like Allyssa’s were ual assault kits were submit- left untested. Cordray’s failted to the state crime labs. ure left serial rapists free to

DeWine started a new unit strike again. Then Mike DeWwith four forensic scientists ine became Attorney General. to test the old kits and began He tested all 12,000 rape kits. the push to clear out the back- Now hundreds of rapists are log in 2012. Six more scien- behind bars.” tists were added later. The ad leaves out a lot of

Though DeWine deserves context when it blames Corcredit for tackling the back- dray. First, it omits that Corlog, so does Cuyahoga County dray inherited a statewide Prosecutor Timothy McGinty. problem. Cordray started His office worked with Cleve- to take steps to address the land police to inventory rape problem, but didn’t get far kits, which resulted in identi- before he was ousted by DeWfying thousands of untested ine in November 2010. rape kits that were submitted The ad is on firmer ground to the state Bureau of Crim- when it gives credit to DeWinal Investigation in 2014. ine for his efforts to clear out

The General Assembly the backlog. But it omits that played a role, too. In 2014, it took him several years to Gov. John Kasich signed Sendo it. The statement is parate Bill 316 to require law tially accurate but leaves out enforcement agencies to forimportant context. We rate ward untested rape kits to this statement Half True.

Our ruling