He Was Not There

— While almost everyone, including the police detective whom he consults regarding his sister’s assault, feel that there is virtually no chance of solving a thirty-year-old cold case, Zachary brings his considerable skill, perseverance, and tenacity to bear and achieves the impossible. This is a compelling story of family misfortune, child abuse and neglect, and of the inadequacies and challenges of the foster care system. Zachary’s devotion to a sister who, in truth, is nearly a stranger to him is inspiring. His dogged determination and unrelenting resolve to help another individual, regardless of his own problems or limitations, make him a remarkable and uniquely appealing character. The engaging characters, the intricately detailed storylines involving relevant and provocative issues, and the beautifully crafted flow of narrative make the stories in this series enthralling, entertaining, and completely addictive. I am eagerly looking forward to the next one.

— Wow. What an intriguing mystery with plenty of suspense to keep you reading … You won’t want to stop reading until you’ve finished the entire story.

— Really well written plot and story line that grabs you from the start and doesn’t let go. Characters have been fleshed out well and were engaging to read about. Writing is superbly done and the story just flows so well. Couldn’t put it down once started.

— Another excellent book in this series. I did not want it to end. Hoping it doesn’t take long for the next book to be released.

Author’s Notes may contain spoilers

I bought my son a DNA test kit for Christmas to help him to learn about his ancestry and possibly track down some biological relatives. At the same time as I was brainstorming ideas for the next Zachary Goldman book, I was also doing a deep dive into the subject of DNA testing, familial matches, what DNA could tell you about your health, etc. 

There was a furor in the news over using partial/familial matches on genealogical databases or police databases to find the blood relatives of suspects and then using genealogical research to identify the perpetrator. Genealogical database companies were being forced to consider privacy issues, and police/government authorities to consider the ethics and the dependability of the science behind familial matches. It was a great time to be thinking about using DNA to solve cold cases. So it was only natural that Zachary Goldman would be hired on to solve a cold case murder of his own. The laws in Vermont (they always seem to be a little bit different in Vermont…) threw some additional wrenches into the works!

Since this was a cold case, I also ended up doing a lot of research into the ways that sexual assault laws have changed over the decades, along with attitudes and treatment of the victims and “rape culture” of the eighties. And, of course, into how DNA science has progressed since that time and how thousands of untested sexual assault kits are now being processed (or not.)

History of DNA/Rape kit testing

Rape kits were first proposed (by a woman) in the early 1970s. They were standardized later in the 70s as the “Vitullo Evidence Collection Kit.” This was before DNA testing could be done. They could do ABO and serological testing of blood and visual comparison of hairs and fibers.

DNA evidence first went to court in 1986 in England and 1987 in USA. It did not gain full acceptance until 1997. CODIS became operational in 1998.

38 states now mandate “all felons” DNA databases, where convicted felons must submit a DNA sample.

The first “cold hit” conviction, where no suspect has been identified, but samples from a crime scene submitted to the local, state or federal DNA database result in a match from a previously convicted offender, occurred in 2002.

As far as I can see, the first time familial DNA matches were used to identify suspects which led to arrests/convictions was 2017.

As this technology has matured, it was discovered that there were tens of thousands of rape kits across the USA that have never been DNA tested, and many had, in fact, been destroyed. Some rape kits were destroyed within days of being taken without any testing ever being done. Others were destroyed a few months or years later, while the statute of limitations clock was still ticking. Some departments had a six-month destruction policy.

Untested kits that are still in existence are now in the process of being tested, and the laws are in flux as policymakers try to enact new laws to prevent rape kits from being destroyed and to mandate DNA testing.

• Pinterest Board: Mental Illness
• DNA Search Method that Caught Golden State Killer No Longer Available
• Should familial DNA searching be legal in all 50 states?
• The citizen scientist who finds killers from her couch
• How the U.S. Ended Up With 400,000 Untested Rape Kits
• Destroyed: How the trashing of rape kits failed victims and jeopardizes public safety 
• Recovering from Rape and Sexual Trauma
• Male Survivors of Sexual Assault Face Unique Challenges to Recovery
• What It Was Like To Report Sexual Harrassment & Rape in the 1980’s
• The story behind the first rape kit

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