The Boston Police Crime Laboratory came under scrutiny at the Boston City Council on Friday for failing to meet a state deadline to test rape kits for DNA in a timely way amidst a general lack of internal leadership.
Boston City Councilor Ed Flynn called the hearing to discuss lab resources following a state report released in January showed that half the kits were not tested within a 30-day window.
The lab — tasked with processing and analyzing evidence, including sexual assault kits — also has struggled with a rotating cast of interim directors after its leader Kevin Kosiorek was placed on leave in August 2022 amidst an ongoing internal investigation.
“The financial resources has to be a priority for this city council if we're going to ensure that survivors of rape are treated with respect,” Flynn said during the meeting. “We just can't continue running a crime lab and a major police department this way.”
The Massachusetts Legislature mandated the time limit in 2018 following concerns about long lag times for results for victims of sexual assault.
The Boston Police Department lab received 186 sexual assault kits in fiscal year 2023; 93 of them did not get test within 30 days, according to the report.
In comparison, the State Crime Laboratory has been able to meet the 30-day requirement for 96% of 714 kits submitted in 2023, according to the report.
Boston lab staff defended their work saying time frames were unreasonable. Victor Evans, a police sergeant, told councilors that the time limit is “very challenging,” and puts “undue stress” on lab workers.
Evans said he would welcome “any influence” city councilors have to amend the 30-day state deadline. He also said a decision on the fate of the current director is likely due within a month.
“We prioritize victims and survivors in everything we do. We are committed to providing them with services and support, in addition to justice and closure, by working to hold offenders accountable,” Evans said.
Kevin Larade, director of the Boston Police Department's Forensic Quality Control, said it takes an average of nearly 54 days to test a rape kit. He said there are 22 employees in the lab, as well as open positions and people on leave.
Larade said that the lab prides itself on not having a backlog of kits — even if the state-imposed time limit isn’t met. One hold up, he said, is that in some cases, samples are processed together in batches because of machinery; if one sample is late, the whole batch can be.
He also said operations have improved. In February, he said, nine new kits were examined within the 30-day time limit. However, he acknowledged, police haven’t issued reports on two of them because of staff being away.
Julie James, a Boston police criminalist, said that the lab has a tiered system to prioritize major crimes like sexual assaults and homicides.
But critics like Rep. Natalie Higgins, co-chair of the Caucus of Women Legislators' Sexual Violence Task Force, said she's dismayed by the pushback from the crime lab staff.
Higgins said that from her discussions with the state crime laboratory, a sexual assault evidence collection kit can be fully tested in 48 to 72 hours. She said even a 30-day wait can be an “agonizing” amount of time for survivors.
“I am incredibly disheartened to hear that this debate is happening,” she said. “Every sexual assault evidence kit should be treated with the utmost priority by our law enforcement.”
Flynn said the city needs to follow state law about time limits. “We don't have the option of picking and choosing which laws we want to respect,” he said.
He also challenged Boston police to hire a permanent director and additional analysts for the crime lab as soon as possible. He said that not having permanent leadership has likely lead to poor morale and “a complete breakdown in functions and duties, responsibilities and timelines.”
