Mayor Michael R. Bloomberg today announced the John Doe Indictment Project, a coordinated citywide initiative that will prevent sex offenders from using the statute of limitations to escape prosecution.  Using a dedicated team of prosecutors, scientists, and investigators, the new initiative will identify the most serious unsolved sex crimes and indict the perpetrators – even before they are apprehended – based upon their DNA profiles.  Filing “John Doe” indictments before the statute of limitations has expired will allow prosecutors to bring charges against sex offenders whenever they are captured. Police Commissioner Raymond W. Kelly, Criminal Justice Coordinator John Feinblatt, Chief Medical Examiner Charles Hirsch, Bronx District Attorney Robert Johnson, Queens District Attorney Richard Brown, and representatives from the offices of the Manhattan, Brooklyn, and Staten Island District Attorneys joined Mayor Bloomberg at Bellevue Hospital for the announcement.

“DNA technology and the New York State DNA Databank are helping us to solve more violent sex crimes than ever before,” Mayor Bloomberg said.  “Unfortunately, some of these crimes are many years old and, because of an antiquated statute of limitations, the dangerous sex offenders who commit them will never be called to account for their crimes, and their victims will never receive the justice that they deserve.  All that can change with the John Doe Indictment Project.  Scientists, prosecutors, and investigators in all five boroughs will work together to prevent such injustices.  We will make aggressive use of John Doe indictments to ‘stop the clock’ on the statute of limitations and make sure that rapists are not rewarded for avoiding apprehension.”

Under current New York State law, felony prosecutions must be commenced within five years of the crime’s commission.  In cases where the perpetrator’s identity is unknown, the limitation period can be extended an additional five years for a maximum of ten.  The John Doe Indictment Project will target unsolved rape and sexual assault cases that are approaching the end of the ten-year statute of limitations.  Because John Doe indictments identify perpetrators by DNA profile, not by name, the project will be limited to cases in which the perpetrator’s DNA was recovered and tested.

It is estimated that there are in excess of 600 such cases in New York City that are at least nine years old.  From that group, the cases eligible for the extended statute of limitations – sexual assaults committed by strangers – will be identified, and the perpetrators – though currently unknown – will be indicted based upon their DNA profiles. Filing John Doe indictments before the ten-year period has elapsed will satisfy the requirements of the statute of limitations, clearing the way for prosecutions to proceed whenever perpetrators are identified, regardless of how much time has passed.

For the past 3 years, legislation to abolish the statute of limitations for certain violent felony offenses has been supported by the Office of the Mayor, the District Attorneys, and the Governor but the bill was never passed by the state legislature.

Manhattan District Attorney Robert M. Morgenthau said, “This increased funding will permit us to enhance our current efforts targeted at indicting sex offenders who would otherwise evade justice because of the statute of limitations.  More investigators will be available to go through old case files, interview victims and witnesses, and assist prosecutors in obtaining more 'John Doe' indictments.  Every victim is entitled to know that -- regardless of the age of the case -- all that can be done, is being done.”

“Many sex offenders fail to be prosecuted for the crimes they committed in the past simply because of an outdated statute of limitations,” said Police Commissioner Raymond W. Kelly. “The John Doe Indictment Project will greatly assist us in bringing these criminals to justice. By using DNA technology, we can not only solve more open cases involving sex crimes, but also put more of these violent offenders behind bars.”

“This administration has always believed that the criminal justice system works best when it works together to focus on the problem people and problem places that negatively impact our City,” Mr. Feinblatt said.  “The John Doe Indictment Project is the latest example of this strategy.  For the first time, prosecutors, police, and scientists will work together in a systematic, coordinated way to prevent rapists from escaping justice by hiding behind the statute of limitations.  It’s smart, it’s proactive, and it takes full advantage of the latest science and technology.  The end result will be more certain justice for some of the most violent sex offenders and their victims.”

“We are pleased that this technology can continue to identify the guilty and exonerate the innocent,” said Dr. Hirsch. “We believe that this is an excellent example of science serving justice.”

The John Doe Indictment Project will begin immediately with the identification and analysis of the more than 600 cases that are now approaching the 10-year stature of limitations deadline, and will be partially supported by a $350,000 Federal grant from the Department of Justice.  The Office of the Chief Medical Examiner will be responsible for identifying cases that have DNA evidence capable of supporting a John Doe indictment.  Those cases will then be referred to the relevant District Attorney’s Offices where a team of dedicated prosecutors and civilian investigators will thoroughly examine every case file. Assistant District Attorneys and civilian investigators will work with the Police Department to locate and interview witnesses, evaluate physical evidence, and present testimony to the Grand Jury.  When victims are willing to cooperate, John Doe indictments will be aggressively sought.