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.
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are too easily manipulated, and from others who fear it will give prosecutors more license to pursue a case 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 on a 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 say that they think the photographs will withstand challenges, and that it is easy to tell if a photograph has been altered.

They say the 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. And
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 inprosecuting 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.
the law. 

If they have a photograph, the prosecutors can just sit down, throw it on the table and say, ‘Either you are with us or ou aren’t,’ and it doesn’t matter what the woman wants.”

Professor Mills also predicted that by making stronger cases against accused batterers, digital photography might discourage some victims from coming forward.

“This kind of thing sends women underground,” Professor Mills said. “There’s no turning back. When women call the police, they want the violence to stop, they don’t necessarily • want their husband to go to prison.”

But some advocates for domestic violence victims disagreed, and said the digital photographs were powerful tools they could use to help keep a victiffl safe. One way might be showing a victim photographs weeks or months after an incident as a reminder of the ordeal.

“It has been really beneficial in terms of letting the victim see herself,” said Rita Asen, director of the Queens Criminal and Supreme Court counseling program for Safe Horizon, .a citywide advocacy group that, among other services, assigns court counselors to victims. “We think this makes victims more willing to go ahead and cooperate.”

Whether the victims cooperate or not,.the police are eager to use theirnew tool.

“We cannot wait,” said Lucia DavisRaiford, director of the New York Police Department’s domestic violence unit. “The power of the photograph is very strong.”

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