by Jeremy Rogalski / 11 News Defenders
khou.com

Posted on May 17, 2010 at 11:56 PM
Updated Tuesday, May 18 at 11:16 AM

HOUSTON -- An 11 News Defenders analysis of court records reveals it can take months to arrest a suspected child molester, even when the suspect is known, and sometimes even after he confesses to the crime.

The stories of traumatized kids brought to the Harris County Children’s Assessment Center are troubling, but so is what happened after their interviews -- delay after delay from various police agencies who work out of the CAC.

An analysis of hundreds of court records by the 11 News Defenders reveals, even after those outcries, even after police have strong evidence or a confession, months can go by before the criminal suspect is finally arrested.

"Are you kidding me? This makes no sense," said the mother of a 9-year-old girl, who asked not to be identified.

That mother called 11 News in February to complain how even though her husband confessed to police that he molested their own daughter, the Harris County Sheriff's Department waited six weeks to arrest him.

"I was livid," she said.

The lead investigator's reaction to the delay? Overworked and overwhelmed.

"I've got 100 of these that I'm actually working on literally, and there's no way you can work them with any kind of consistency and keep up," said Sgt. James Fitzgerald in a phone call taped by the mother.

The 11 News Defenders wanted to know how deep the problem goes. To find out, we analyzed more than a year's worth of cases processed by law enforcement assigned to the Children's Assessment Center--more than 600 charges in all-- and we found stories to break your heart.

"Every time I think about it, it makes me angry," said the mother of a 4-year-old girl.

“At first when I found out I wanted to kill him,” she added, describing how her daughter was sexually assaulted by her uncle.

The Houston Police Department was working the case, and court records show, at some point during the investigation, the suspect confessed. But it still took a total of three months to arrest him, shaking this mother's faith in law enforcement.

"I'm like OK, when are they going to, you know, when are they going to pick him up," the mother said.

The suspect ultimately pleaded guilty to his crime and is now serving a 10-year prison sentence.

"That is the worst, to just wait and wait and wait," added another woman, whose two sons were molested for eight years.

For her, the wait for an arrest was not only frustrating, but potentially dangerous, she said.

“My concern was, he could come back at anytime, anytime," she said.

He was the father of her two sons and he, court records show, not only made the brothers watch pornographic movies, but then forced them to reenact them with him--their own father--and also with each other.

It started when they were 6 and 8years old, and if they ever told anyone, the threat was clear.

"I think the exact words were, in their statements were, I'll bash your head in," the victims’ mother said.

So the abuse continued, with the children quietly suffering, until one day they found the courage to speak out.

But then came delay.

"I heard it out of their mouths so many times: 'what was the point in us talking, why did we come forward and say this because it's getting us nowhere,'" the mother recalled.

She said for two months her boys felt that way. That’s how long the Harris County Sheriff’s Department took to arrest their father.

"This is a serious matter in this county, and they need to open their eyes and look at it," the mother said.

Just how serious? Of the 600 charges 11 News analyzed, more than 100 took police at least a month to make an arrest after the victim's interview. In the majority of those 100-plus cases, it actually took three months or more. So what does law enforcement have to say?

The Houston Police Department "respectfully declined" our interview request.

As for the Harris County Sheriff's Department?

"I cannot second guess my investigators as they work these cases," said Sheriff Adrian Garcia.

The sheriff staunchly defended his detectives.

"The nature of this work is stressful," he said.

But what about reducing those stressful caseloads by adding more deputies? The sheriff would not comment specifically, stating “we're going to take a look at these things."

"We have a lot of priorities, Jeremy," Garcia added.

"I say give me a break,” said Randy Burton, founder of the child advocacy group Justice for Children.

He said law enforcement’s priorities are out of whack.

"Remember, the sexual abuse of a child is a first-degree felony in our state, the same penalty as murder,” Burton said.

Burton should know. He used to prosecute those cases as a Harris County Assistant District Attorney.

"What it tells the mother and the child is that the system doesn't care," Burton said.

For Burton, that is a sad irony for the Children's Assessment Center, originally built to be the best of the best in helping traumatized kids.

"The building is fabulous, but it's a façade,” he said. “What's going on inside obviously is not working."

But the CAC's Tammy Urban disagrees.

“We are here for the children, we are here for the families,” Urban said.

So 11 News had to ask:

11 News: “Do they deserve to be one of a hundred cases on an investigator's desk?

Urban: “I don't think that's a question you can ask me, I'm not…”

11 News: “Why wouldn't it be? The Children's Assessment Center is all about the kids and the families.”

Urban: “Well, because we don't control the positions that are partner agencies utilize, have or allocate.”

11 News: “But you do control the mission.”

Urban: “Right.”

11 News: “And the mission is to provide quick services and thorough services.”

Urban: “And we do that.”

11 News: “So I'll restate the question. Do they deserve better?”

Urban: “Uh, yes, we would love to see that, yes, but unfortunately with the economy, and the things that we deal with, that's what it has to be.”

But tell that to victims and their parents, who have suffered through it all.

"These are people's lives that you have in your hand. How would feel if that was your child, what would you want done if that was your child," one mother said.
Meanwhile, the Harris County District Attorney’s Office declined our request for an on-camera interview.

However, Denise Oncken, Chief of the Crimes Against Children Division, said it often takes considerable time for an investigation -- from the initial probable cause to the ultimate point of determining proof beyond a reasonable doubt. Oncken said forensic interviews lead to extensive follow-up work to determine “the most paramount issue—the credibility of the child involved.”

“This can involve interviews with witnesses pertaining to psychological evidence, issues involving schools and educational performance, and research into family civil legal matters or parental conflicts that may have influenced the child,” Oncken said in a statement.

The Harris County District Attorney’s Office declined to comment about staffing levels and high caseloads of local law enforcement agencies.

http://www.khou.com/news/investigative/defenderssexabuse10pm-93965849.html

Emphasis added by H4K Editor