District Attorney Nola Tedesco
Foulston releases the following statement today concerning the on-going
“BTK” investigation
by the Wichita Police Department.
Our citizens are entitled to feel confident about the actions
of law enforcement in this community. As
the Chief Law Enforcement Official for the Eighteenth Judicial District, there
is an obligation to maintain the public’s trust and to ensure that law
enforcement investigations are conducted in compliance with the laws of the
State of Kansas and the United States Constitution.
The Office of the District Attorney routinely monitors law
enforcement investigations for legal sufficiency and constitutional
compliance, and has done so during the course of the BTK investigation.
ON-GOING
INVESTIGATION
On November 30th, 2004, Lt. Ken Landwehr of the
Wichita Police Department informed the public of specific information that had
been gleaned from information purported to have come from BTK. The purpose of
releasing this relevant information was the hope of receiving tips that could
lead to the capture of this killer. A
specific contingent of officers was assigned to this endeavor and an enormous
number of calls streamed into the dedicated phone lines that had been created
for this purpose. A standard procedure for reviewing “tips” had been
established. Each “tip” is
evaluated by a trained and informed detective who is familiar with the facts
and nuances of each factual situation making up the complex series of
homicides. Tips vary in substance and credibility from pure fantasy,
speculation, and theory to various levels of validity and significance.
Detectives then work those “tips” that are categorized as
“valid or significant” in an attempt to further verify and substantiate
the content of the “tip”. Within
this process, the criminal history of the individual is reviewed, further
investigation is pursued and more detectives are joined to assist in
follow-up.
NOTE: Whether an officer learns that a person has an existing
arrest warrant during this investigation or any other police contact, there is
a duty under Kansas Law and the United States Constitution that the police
arrest the person without “unreasonable delay”.
Warrants cannot be ignored.
[Kansas
Statutes Annotated 21-3106];
COLLECTION OF DNA SWABS
While Detectives continue follow-up work on tips, much of the
BTK investigation has involved the collection of DNA samples by legal consent
from individuals. Police utilize a non-intrusive method of gathering DNA by
placing a Q-tip in the mouth and swabbing the inside of the cheek. Thousands
of citizens have willingly submitted their DNA samples to law enforcement.
Eliminating them from further suspicion, allowing the investigation to move
expeditiously. While speculation may suggest otherwise, samples collected
during this investigation are not entered into any DNA database.
In the event that a person refuses to give a DNA sample, the
police are required to get a court order. The police must have enough facts
and information to support their request. The judge must be convinced that
there is a legal basis before the judge makes the order that would allow
police to “open your mouth and take a swab from your cheek”.
HOT PURSUIT
On December 1st, 2004, as law enforcement officers
venture out to follow up on leads, ironically they find themselves to be the
subject of pursuit. It is about nine in the morning, a few officers proceed to
their destination. The streets are quiet as they go about their work, only to
notice another vehicle close by occupied by a Wichita Eagle reporter.
No public announcements had been made concerning the officers’
reasons for being at this specific location.
No invitations had been sent to the media as the officers conducted
their lawful business. Contrary
to the Wichita Eagle editorial, no smoke signals had been sent up.
It was not just serendipity that brought the media to this location.
And, more media arrive.
The officers take measures to ensure that the privacy of those
who may fall under suspicion is protected, and request that the media leave
the area. The media does not
leave. Officers are delayed in
the service of a search warrant.
ZEAL AND FRENZY
It is understandable that the community has been waiting
anxiously for any news regarding the on-going investigation of the BTK
homicides. In so doing, there
must be an abundance of caution and restraint to assure that no compromises
are made that would interfere with the investigation or give the community
false promise that something has occurred when it has not.
In the December 1st incident falling on the heels
of a news conference detailing specifics from the BTK investigation, no doubt
there was a heightened awareness in the public interest. That was the purpose
of the release of that information.
It is only logical to state that the media interest was
singularly dedicated to getting the story first.
However, when the activities of reporters on December 1st
were such that they ended up creating the news instead of reporting the news,
this became problematic particularly in a police investigation of this
magnitude.
The tendentious commentary of Wichita Eagle’s editorial of
January 13th attempts to shift the weight of responsibility for
their frenzied reporting to the backs of dedicated law enforcement officers.
The real problem is that the law enforcement officers were
going about their routine work. They did not share information about an
ongoing investigation with the media. The media surrounded the scene. They
wanted a story and they wanted it bad. They wanted it to be THE BTK story. It
was not. And although the media was cautioned that there was NO story there,
they reported frenetically - locally, state and on the national news.
Now in the aftermath, they cast their misperceptions through a
prism designed to justify their incorrect reporting of police activity and
transform it to support an opinion of overzealous police action. This is
disingenuous and shameful.
