About a rape kit
The following is an abridged version of a conversation I had with a behind-the-scenes expert. This person is a medical doctor with a specialty in forensic science. They have reviewed Brittany’s autopsy report.
I’ve talked with this person a few times. We have discussed concerns over the lack of information on the document (like an estimated time of death) and some of the findings (visually recognizable food in the stomach - suggestive of death within about 20 to 24 hours, that is speculation as the person who reviewed this only has notes to go on vs. performing the autopsy themselves).
Critically, there are growing concerns that a sexual assault kit was not done by the medical examiner and according to the ME’s reports there is some question as to whether or not Brittany was actually sexually assaulted.
I want to make something clear: Rape is an act of violence even if there are no physical signs of violence on or inside a body.
My reason for questioning this part of the puzzle is that there is no documentation on the ME’s report of a possible rape, there is no note in the ME’s scene report of a suspected sexual assault, there is no list of evidence retrieved from the body (nail trimmings, etc.) and if there were a rape kit completed wouldn’t that be the first DNA you sent off to the lab?
It wasn’t. Semen (from the sheets) and blood (kitchen sink) from the “cleared” original DNA match were the first things sent for testing. Maggie mentioned at one point early on in our conversations that a detective told her DNA from inside Brittany was “too degraded” to be useful. But, frankly? That doesn’t ring true to me at all.
Why?
How would Tulsa Police Department know anything was too degraded to use for forensic lab analysis unless they sent it to the lab in the first place? And, the backlog of rape kits from decades ago has been tested and led to arrests and convictions even to this day. Why - during the second round of DNA testing - would a rape kit sample not be the thing sent to the lab?
Because it wasn’t.
Again. in 2021/2 Othram Labs (akin to Parabon Labs) began testing another sample from Brittany’s case. We can’t get any information except that fingernails/fingernail scrapings were reportedly sent off for analysis.
ADDING (from a draft I wrote in 2023):
1. The ME's report does not list any evidence taken from Brittany's body. This is unusual as other Tulsa/OK ME's reports (publicly available online) do in fact list evidence taken for police investigation. Maggie and I were given a sort of explanation for this by the ME's office about three months ago. We were told that because Brittany's case is still considered active, the office essentially redacts the evidence portion of the report.
This seems unlikely as there are no redacted portions on the report (which is what we would expect to see)
The ME's report doesn't indicate any exterior or interior signs of sexual assault. We know rape doesn't have to leave marks, but the brutality of Brittany's murder suggests there could be. There isn't any indication from the ME's report that suggests assault or lack of assault.
While this is an ME's report (and they differ from state to state, etc) I've reviewed scores of SANE and other reports over the course of my reporting career. Every forensic exam is exhaustive w/documentation. The brevity of Brittany's report is notable
2. This leads me (and others I've consulted - one an experienced detective from another jurisdiction, a former detective on this case, and two medical professionals including a SANE certified forensic nurse and a medicolegal death investigator) to question whether or not Brittany was sexually assaulted.
3. In 2010, then TPD Chief of Police, the Mayor, Tulsa County DA, OSU forensic lab, and a Tulsa DV service provider applied for and recieved a federal grant to ascertain SAK backlog. The parameters of the grant (according to the proposal submitted by Tulsa) surveyed the number of untested sexual assault kits between 1996 - 2010. There were reportedly around 3400. The initiative cataloged the backlog and created a system (supposedly) for tracking these kits. Subsequently, OK passed laws aimed at streamlining SAK testing and means of accountability.
Therefore;
4. My thought re: finding out about Brittany's assault kit had a few goals:
Was an assault kit collected?
Was Brittany sexually assaulted?
If so, what evidence is there to show this?
Maggie has always been told Brittany was assaulted. However, reflecting on the last 19 years it is unclear what evidence indicates that? Yes, there was a tampon found beside her body. Yes situationally sexual assault would be a logical conclusion (dispositioin of clothing/lack of clothing)
That OSBI now oversees SAK initiatives - Maggie contacting a completely different LEA - ostensebly to go around the TPD roadblock - is a tactic as much as information gathering.
OSBI is more accountable (to the feds, etc.) than TPD (at least theoretically)
Also, my hope is word gets back to TPD that Maggie is goiong to contact outside agencies and maybe puts them on a sort of notice.
RE: inserting into case. I will have to discuss with Maggie, however there was a man who went to class with Brittany who did in-fact leave a bizarre message on Maggie's website (I will have to check but I believe around 2017). He was one of the last people to be in touch with Brittany as they were lab partners at TCC. The message suggested they had a close friendship and this man disclosed a conversation that he and Brittany had (allegedly) that frankly, doesn't pass the sniff test. Reportedly, this person now works in some capacity alongside the TPD.