Digital Photos Give the Police

a New’ Edge in Abuse Cases September

3, 2002 By SARAH KERSHAW The New York City Police Department, which handles about 90,000 domestic violence cases annually- roughly

a third of which lead to ari-ests and enter the courts- is starting to gather.evidence using digital photography,

a tool that experts say could drastically reshape the way these cases are prosecuted. Domestic violence

is among the most complex crime to prosecute, because the cases often pit the victim’s word against the batterer’s
or make their way into court with no cooperation from the victim and little evidence. Photographs

of bruises or broken furniture,

if taken at all, are usually shot with Polaroid cameras. Those snapshots, which are often blurry and fail to make the injuries visible, can take days or even weeks to reach the courts. But with digital photography, evidence that has been practically impossible

to gather quickly or gather at all- clear and detailed images of injuries like swollen eyes, bruised cheeks and handrints around the neck- can be transmitted
by computer

to prosecutors and judges
at the earliest stages of a case. That way,

a judge can have evidence
in hand at the arraignment, even before the suspect is charged and before ajudge decides whether
to grant bail or issue an order of protection to safeguard the victim. “This is a major, major change,” said Robyn Mazur, associate director of domestic violence programs

at the Center for Court Innovation,

a public-private partnership

in New York that acts as the research and development arm of New York State’s court system. “By having these pictures instantaneousiy

go directly
to the key players, cases can potentially move much faster in those very early precious days.” Although digital photography

is widely used by the public, law enforcement agencies have only recently started to use it in domestic violence cases, and for the most part in small cities like Boulder, Cob., and Largo, Fia. New York is the first major city to adopt the technology throughout

its police department, according

to the Center for Court Innovation- a move likely to encourage other bides to do the same. Many police departments around the country, including New York’s, use digital cameras to take fingerprints

or mug shots, but they do not generally have the technology

to transmit those photographs

to prosecutors and the courts. Experts say the reasons are partly financial- the computer systems needed
to send photos require an investment— and partly

a result of the justice system’s slowness

to take on new technology.“Many courts ate facing technology issues,” Ms. Mazur said. “That’s what is so creative about what New York is doing.” A year ago, police and prosecutors

in Queens began xperimenting with digital. phbtography

in domestic violence cases. The technology will soon be in place across the rest of the city, starting with Brooklyn next month, officials said. The new advances have drawn criticism-from those who worry that digital photographs are too easily manipulated, and from others who fear it will give prosecutors more license to pursue

acase against the wishes of the victim. Physical evidence like photographs

is particularly crucial to prosecutors

in domestic abuse cases, because victims often decide not to press charges and may even testify on behalf of a defendant

in court. But prosecutors

in Queens say the innovation

is helping victims. Since all 16 police precincts

in the borough began using digital photography, sending the photographs straight into prosecutors’ computers, convictions

in domestic abuse cases have risen sharply and dismissals have plummeted, accOrding-to the Queens district attorney’s office. “The use of digital photography has had
a critical impact,” said the district attorney, Richard
A. Brown, who said that as a judge in Brooklyn years ago,he often arraigned accused abusers with little or no physical evidence before him. “This makes
it impossible for the defendant

to deny the seriousness

of the crime.” Within the next few months, the Police Department alsà plans to begin using digital 911 tapes, transmitting
by computer the recordings
of emergency telephone calls from victims and others. The technology will be used for all types of crimes, not just domestic violence cases, officials said. The tapes of 911 calls are another critical piece of evidence that can take up to 90 days to travel through the bureaucracy and into the courtroom. Although
no major legal challenges have been mounted

to the use of digital photos in domestic violence cases, some people are questioning their admissibility

in court because they can be doctored, enhanced
or manipulated

ona computer. “There are serious concerns,” said Susan L. Hendricks, deputy attorney
in charge of the criminal defense division
of the Legal Aid Society, the main public defender
in New York. “I would be shocked
if the result is that they are never admitted
as evidence,” she went on,“but

I think that given the ability to manipulate them, the courts are going to have to be careful,
or they should be.” Many prOsecutors saythat they think the photographs will withstand challenges, and that it is easyto tell if a photograph has been altered. They saythe use of Polaroid snapshots, standard practice for gathering evidence of injuries
in New York and elsewhere,

is problematic. Often all but the most serious injuries are unrecognizable, they say, especially

if the victim has
a dark complexion. Andbecause of the time and paperwork required
to get a photograph- like any piece of evidence- from the police to prosecutors, those snapshots often do not make
it to court in time for arraignment, which
is typically held within 24 hours of ar arrest. In a recent case in Queens, Felix Rondon, 31, was accused of biting the face and ear of his girlfriend, 21. Before digital photography,
the judge handling the arraignment would have relied on a verbal description

of the woman’s injuries from

a police officer or detective. In this case, 20 digital photographs taken of the woman

at the hospital showed deep, bloody wounds across her face and ears and
a potentially permanent injury to her left eye. They were sent by computer to.prosecutors
and then submitted

to the judge as evidence

at the arraignment. Mr. Rondon, who ran
a car service and lived in South Ozone Park, was arraigned- and later indicted- on a charge of attempted murder
in the second degree,
as well as on assault charges. The judge ordered him held without bail. Prosecutors said that without the digital photographs, they might have sought only the lesser assault charges and that bail may have been granted. (If he is convicted
of the more serious charge, Mr. Rondon could be sentenced

to up to 25 years in prison. Mr. Rondon pleaded not guilty at his arraignment;
his lawyer was on vacation this weekend and could not be reached.) “Without the photographs,

all you have is a person biting another individual,” said Scott E. Kessler, who is the domestic violence bureau chief for the Queens district attorney and who helped lead the drive to use digital photography there. “The extent of the biting- that it was

a person trying to kill another person- is really only shown in those photographs.” The Quens district attorney handles 4,500 domestic violence cases annually, and prosecutors say the digital photographs have had
a significant impact
at every point, from bail to arraignment

to conviction. Queens began using digital photography

in the spring of 2001, and convictioiu- the easiest statistic
to measure.- rose swiftly,
to 60.9 percent from 51.7 percent during the first six months the photographs were used. In 1997, the Queens district attorney received

a federal grant of more than $3million over four years. The money
is paying for additional staffing, technology and other improvements

to its domestic violence bureau. Since 1997, the bureau has more than doubled its conviction rates and in 2001, reported

a 25 percent dismissal rate in domestic violence cases, compared with 50 percent
in the rest of the city, Mr. Brown said. Because digital photography makes
it easier for prosecutors

to move

a case forward without

a victim’s consent,

it is fanning

a long-brewing debate over the role of victims
in prosecuting their abusers. Prosecutors around the country have embraced
an increasingly common approach known as evidence-based

or mandatory prosecution; They pursue accused abusers whether or not the vibtim participates.in
the prosecution.‘Critics of mandatory prosecution say digital photography maygive law enforcement agencies morelicense
to disregard the wishes of victims who change their minds after calling the police. “We need to encourage

a dialogue, not discourage

itwith these mechanisms that trump

a victim’s voice,” said Linda G. Mills,

a professor

atNew York University!s EhrerLlaanz School of Social Work, whois working onher second book about domestic violence and the law. “If they have

a photograph,
the prosecutorscan justsit down, throw
itonthe table and say,‘Either youarewith usorouaren’t,’ anditdoesn’t matterwhat the woman wants.” Professor Mills also predicted that by making strongercases against accused batterers, digital photography might discourage somevictims from coming forward. “This kind of thing sends women underground,” Professor Mills said. “There’s no turning back. When womencallthe police, they wantthe violence
to stop, they don’t necessarily •wanttheir husband
to goto prison.” But someadvocates for domestic violence victims disagreed, and said the digital photographs were powerful tools they could useto help keep

avictiffl safe. One way might be showing

avictim photographs weeks ormonths after anincident
asareminder ofthe ordeal. “It has been really beneficial

in termsof letting the victim seeherself,” said Rita Asen, director ofthe Queens Criminal and Supreme Court counseling programfor Safe Horizon,

.a citywide advocacy groupthat, amongother services, assigns courtcounselors tovictims. “We think this makes victims more willing to goahead and cooperate.” Whether the victims cooperate
ornot,.the police are eagertousetheirnew tool. “We cannot wait,” said Lucia DavisRaiford, director ofthe New York Police Department’s domestic violence unit. “The powerofthe photograph

is very strong.” h ttp:/fwww.nytimes .comJ2002/09/03/nyregion/03
ABUS

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