City Council - Public Safety and Criminal Justice Committee Hearing on Docket #0180

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Ballester,

Morning everyone. For the record, my name is Henry Santana, At-Large City Councilor and I am the chair of the Boston City Council Committee on Public Safety and Criminal Justice. Today's October 26th 2026 and the exact time is 10 23 a.m this hearing is being recorded it is also being live streamed at boston.gov slash city dash council dash tv and broadcasted on Xfinity channel 8 RCN Channel 82 and Files Channel 964. Written comments may be sent to the committee email at ccc.psatboston.gov, and we've made part of the record unavailable to all counselors. Public testimony will be taken at the end of this hearing. Individuals will be called on in order and the order in which they signed up, and we'll have two minutes to testify. If you are interested in testifying in person please add your name to the sign-up sheet near the entrance

If you are looking to testify virtually, please email our Central Staff Liaison Ron Cobb at ron.cobb at boston.gov for the link and your name will be added to the list. Today's hearing is on docket number 0183 80, order for a hearing to discuss the resources to the Boston Police Crime Lab. This matter was sponsored by Councilor Flynn, Councilor Murphy and Councilor Mejia and was referred to the committee on February 26th, 2025. Today I am joined by my colleagues in order of arrival, Councillor Flynn, Councillor Murphy, Councillor Fitzgerald and Councillor Weber. I would now like to move to have my colleagues provide quick opening statements, starting with the lead sponsors and then we'll go in order of arrival. So Councilor Flynn you got the floor.

Thank you Mr. Chair, Councillor Santana for chairing this important hearing this morning maybe one of the most important hearings all year I want to provide a little bit of background information for the audience about why I have been so focused on the Boston Police Crime Lab. I want to note that this year, I filed a budget amendment to allocate $500,000 for equipment and resources for the Boston Police Crime Lab My colleagues, however did not accept this. I held a hearing with my colleagues here to discuss the challenges that the Boston Police Crime Lab had including delays in testing of sexual assault kits. The city of Boston was not meeting the state requirement of testing within 30 days at that time

and has not upgraded their DNA testing techniques to Y screening, which is what the Mass State Police in New York City use. It's the most advanced testing for sexual assault kits. During the budget cycle in 2024, we voted internally on an amendment to reallocate $1 million within the Boston Police Department to support the work of the Boston police crime lab. This amendment included $700,000 from BPD personnel services to the crime lab to increase the hiring of lab technicians and to fill the director's vacancy. And $300,000 for BPD equipment to the crime lab, to purchase new sexual assault testing equipment and upgrade DNA testing to Y screening. Due to the critical nature of this position in concerns of public safety I wrote a letter

To both Commissioner Cox and Mayor Wu, urging them to consider a residency waiver for the director of the crime lab at that time. And highlighted the prolonged vacancy of this position challenges within the crime In addition, I asked for an increase in the salary range to attract more applicants. It is critical that the Boston Police Department Crime Lab is drawing the talent and leadership it needs to run effectively. Today's hearing It's an important hearing as a follow-up to last year's discussion in reallocation of funding to see if any progress has been made towards hiring personnel and processing sexual assault kits in a timely manner. and whether the crime lab needs additional resources. In the final analysis, we must support survivors of sexual assault, their families

and the public at large to both ensure that we are testing sexual assault kits within the state mandated 30-day requirement as well as utilizing the most advanced technology available. With all of this spending, we deal with the city budget There is simply no excuse for us as a big city such as Boston to not use the same technology as New York City or even the Mass State Police. I'm going to continue to focus on this issue until I am confident Thank you, Mr. Chair. Thank you.

Thank you, Chair. I would say thank you to the panel but we don't have one unfortunately um so we say where the safest city and in some ways we are but To be the safest city, we also have to make sure that we follow through and solve crimes. And when victims and their families I believe deserve For their crimes to be investigated and solved with the best technology and with the Best support and staff on our job on the council is to make sure that we allocate funds in support departments and not just give recommendations but I don't, I think we need to continue so thank you Council Flynn for continuing to uplift the need for the sexual assault kits

The staffing in that department to have the best that our residents deserve and victims of these crimes deserve that also. So here to learn how we can continue to make sure that happens, thank you.

Thank you, Councillor Murphy. Councillor Fitzgerald, do you have the floor?

Thank you very much Chair and thank you to Councillor Flynn and Councillor Murphy for bringing this forward. When we see numbers that do not meet the standard And we see numbers that it is imperative upon us as a council to question it and seek answers, and to see how we can get better. But in order to do that, we do have to make sure that we can It is disappointing to see nobody here because we hold this accountability, whether it's the police, whether its economic development, whether streets department. It doesn't matter if we see something that's not up to snuff We have to take a look at it and be able to ask questions to ensure the public understands what's going on. We're here today to do that, and so I look forward to continuing this discussion hopefully with some dialogue on the other side just to get some explanations. But thank you for your time.

Thank you, Councilor Fitzgerald. Councilor Weber, you have the floor.

Sure. Thank the filers for bringing this, because I'm interested to hear who was invited and what went into this important hearing. Police Department budget is the second largest departmental budget we have for the city. and it shouldn't be an issue of the amount of resources, just how we allocate resources. Certainly the Boston Police Department spends more than other similarly sized departments on overtime. And I think it's important for us to figure out how to prioritize How the police department allocates its resources. Certainly, the crime lab would be a place that we think would adequately resource. I look forward to having a discussion about

whether we're able to have a discussion today and why not. And thank you very much, Chair.

Thank you, Councilor Weber. We've also been joined by Councilor Worrell. Councilor Werrell, you have the floor.

Thank you, Chair. And thank you to Council Flynn and Council Murphy. Council Flynn has constantly and continues to advocate for resources to this department so I just want to say thank you to Councilor Flynn for that. And I was here to get an update on the progress that has been made, however BPD, no one from the administration is here today. So I guess we'll just wait until next time or try to pull them in again but We're just here to get a status update. But again, I want to thank Councilor Flynn and Councilor Murphy for the continued advocacy. Thank you.

Great. Thank You, Councilor Worrell. So we'll move forward as obviously some of my and colleagues I've mentioned, we do not have a panel with us today. So I would like to ask the lead sponsors as to how you would like continue this hearing?

Mr. Chair, I received a email sometime this morning after 940, I believe basically from the mayor's office saying that the Boston Police would not attend Flynn.

I also received that email, Councillor Flynn, so I can work with you in your office and the administration to try to see if there's another date that works for everyone, everyone's availability. I did receive communication as well They weren't available for today's date, but that was about it. And then I received the communication from this morning.

Well, it's disappointing to survivors of sexual assault not to have A representative from the Boston Police Department here. I think residents of Boston deserve a state-of-the-art crime lab And the reason I'm so focused on this is it's been difficult for me getting information from the Boston Police on the crime lab. I need to be sure and I need that it is managed properly. I need to know we are using the most advanced technology, I need know survivors of sexual assault are being respected I don't have answers because the Boston Police and the administration are not providing answers, but they're also not testifying. I can't accept that.

My constituents didn't put me in place as a Boston City Councilor to go with the flow. My constituents put me, as a city councilor to advocate for them. And in this case, advocate for survivors of sexual assault. I can't accept any type of violence or assaults in the city and knowing that I'm not comfortable and confident that we have the crime lab necessary to provide a survivor of sexual assault with the critical services and support they need. Because of that, last year again it was difficult for me getting information from the Boston Police

Commissioner Cox. I wrote to the Forensic Science Oversight Board, which is basically a state agency in I actually testified before the Mass Executive Office of Public Safety and Security's Forensic Science Oversight Board regarding this issue. At the board meeting on February 14th, which was also attended by members of the Boston Police Crime Lab staff. I noted to the board of my concerns that the position of the boston police crime lab director has been vacant for over two years at that time which has impacted the operation in Morrell within the crime lab. So if the position of Crime Lab Director has been vacant for two years, do I have the right to follow up as a City Councilor and ask why?

and what progress has been made to fill that position in how the new director is working. Are those legitimate questions for me to ask? In the letter, I highlighted challenges regarding staffing shortages, delays with testing of sexual assault kits and the need for advanced testing. I also advocated for a new state-of-the art crime lab. In addition, I shared that last year the City Council voted to internally reallocate $1 million within the Boston Police Department to support the work of the Boston police crime lab including $700,000 from BPD personnel services. I continue in the letter. I would like to reiterate that given the prolonged vacancy of the crime lab director position

There should be consideration of a residency waiver for this role with an increase in salary range. It is critical that the Boston Police Department is drawing on the talent and leadership it needs to run effectively with people across the country. That's why I asked for a waiver, that's why i asked for an increase in salary I'm gonna do everything I possibly can to have the best and most effective crime lab in the country. That's my job, I don't accept anything less than that but The administration is not here, the Boston Police Department is not hear to answer these simple questions. Survivors of sexual assault deserve

to know that the Boston Police Crime Lab is effectively investigating, documenting, processing working with the criminal justice system to ensure that evidence gathered is properly investigated, it's probably stored for a potential court date. ensuring that the survivors are heard. That's what's critical, but when this sloppiness takes place it sends a message to survivors of crime that we don't respect them. that we don't value them and it's not a priority. Well, it's certainly a priority for me. And I'm not intimidated

When people don't show up, I'm even more focused on the issue now because there are no answers. And I think now because the Boston police Providing answers, I'm going to send another letter to the Massachusetts Executive Office of Public Safety and Security Forensic Science Oversight Board asking them to investigate. And I might ask the US Attorney of Massachusetts to investigate what is happening at the Boston Police Crime Lab, but I can't accept not having any answers when there are no answers I'm concerned that we're not providing survivors of sexual assault with the critical support they need. I'm going to stop there, Mr Chair. I don't want to take up much more time.

I'd like to speak after my colleagues, but I want to be respectful to them to give them an opportunity to speak as well. Thank you, Mr. Chair.

Thank You, Councillor Flynn and we appreciate your advocacy I will ask my colleagues if anyone would like to speak before we go to public testimony and adjourn the hearing. I'm going to give my colleagues an opportunity Murphy at the floor.

Yes, thank you I just want to put a few dates on the record this hearing order was filed back on January 8th of this year And as one of the lead sponsors, I was included in the communication back and forth between Council Flynn's office and the administration and the chair's office. Flynn, I think clearly just stated letters and communication he was making directly to the commissioner and the police department. Thank you very much. sent an updated email saying let's get this scheduled.

So the administration and Intergovernmental were well aware since July that we were gonna hold this hearing, it's now the end of October here we are And I have a serious question. I'm not being disrespectful at all, but why are they not available? Is the city in shutdown right now? Was there some safety concern happening across the City of Austin that we should be aware that nobody from the Boston Police Department could attend this hearing this morning? Were you told or were you, Councilor Flynn, told that there's some emergency in the city, that nobody form the police department could come to this important council hearing? Through the chair, if I could ask.

Yes. Thank you, Councillor Murphy. And I'll let Councillor Flynn speak. I received a communication this morning from IGR that they will not be present at today's hearing. There was no further information. Flynn, if you'd like to respond.

Yeah it's a fair question Councillor Murphy and Mr Chair I spent a week in the weekend preparing for this hearing because i know how important this hearing is I have my questions. I have documentation. I'm prepared, I'm ready to go. That's how I was trained working 24 years in the Navy but to have people not show up is disrespectful. It's disrespectful to city councilors, sure, but it's more disrespectful to survivors of crime. But to notify us Quarter of 10 for a 10 o'clock meeting. There's something odd about that, something disappointing, something disrespectful about it and

Not sure why they decided to notify city councilors that they wouldn't be showing up 10, 15 minutes before the meeting started. But I do think it is terribly disrespectful for survivors of crime. They deserve respect, they didn't receive it from the Boston Police Commissioner.

Can we ask, another thing I'm noticing not present is anyone from IGR at this hearing. There's always someone from intergovernmental that sits in our council hearings. Do you know why there's no one from that office here?

I do not.

Could we ask them before we adjourn the meeting if we have an answer why?

As to why IGR is in here?

Or no, why nobody wanted to show up.

I can certainly make that ask.

And I think it's another example though of the administration disrespecting this body because giving a department months to attend a hearing, which is an important hearing. and then saying the morning of they're not available, I'm really concerned about what could possibly be that important to not be here. But that being said, I'll wait for those answers but I'll let my other colleagues speak if they have anything to say.

Yeah, the invitation I believe went to the Boston Police Commissioner and to the Director of the Crime Lab. And oftentimes The police commissioner can send someone in his place to represent the department. Is that correct, Mr. Chair? That's correct. So with the major city police department... Are we saying, Mr. Chair, that there's not one person in the Boston Police Department that has one hour to come down here to City Hall and to explain to the public about what's happening at the Boston police crime lab? Is that acceptable?

To you Mr. Chair, is that acceptable? So yeah I mean we received the same communication Councillor and we received that they were not going to be present in this morning's hearing um like i said at the beginning I'm happy to work with you and the administration to try to find a date that works for available quarters.

Unless there's like a city emergency, there's no reason why departments should not come in front of us.

Absolutely. So I would like to, any other of my colleagues that want to speak, if you can just turn on your light? Or if you'd like to answer, I don't know.

Just because I think they stay on with you. Yeah.

Are you all set, Councillor Flynn? I do want to read a little bit of the notes I worked on as it relates to the resolution why I filed them. May I take a couple minutes, Mr Chu? Go ahead, Councillor Flint. Thank you. And I'm kind of rephrasing from my opening statement, but the Boston Police Crime Lab is a critical part of our department. as it works to process, examine, analyze evidence such as sexual assault kits. In 2018 the state legislature mandated that sexual assault kids be tested within 30 days In order to ensure swift processing of evidence that will bring justice for sexual assault survivors. However, a report by the State Agency Executive Office of Public Safety found that half the kits were not tested within a 30-day window by the Boston Police Crime Lab. The lab received 186 sexual assault kits,

This is an FY23 of those 186, 93 of which did not manage to be tested within 30 days. At various hearings, Boston Police explained there were staffing shortages at the crime lab. There were open positions that needed to be filled as well. There was staff on leave. There is no executive director. The staffing shortage have impacted the time in which the sexual assault kits are tested. During the FY25 budget process, the City Council voted to internally reallocate $1 million To the Boston Police Department to support the work of the Boston police crime lab. At last year's hearing, questions were raised regarding prior leaves of absence and vacancies in the director position in their impact on staff morale, training, mentorship.

The panel stated that despite staffing challenges related to the director role, the lab continued operations and at work remained unaffected The panel also asked about the budget amendment and the amount of $1 million for the crime lab. And indicated that the funding was not approved. In addition, there was a lack of stability in leadership at the crime due to a rotating number of interim directors after its leader was placed on leave amid an ongoing internal investigation. We don't know why that leader was place on leave It's important that the sexual assault kits and evidence from sexual assault survivors be processed timely. Since last year's hearing, it is important to find out if there are any updates with regard to staffing compensation and benefits level, any equipment upgrades that have allowed crime lab staff to perform their work more efficiently.

And whether additional resources are still required. I need to know what the status of the crime lab is And I don't know that. But, I'm not going to accept that I can't get answers from anybody and because the Boston Police refused to engage on this issue I will be following up directly with the State Executive Office of Public Safety and the U.S. Attorney, and ask them to provide the oversight To ask them if they would provide some type of leadership to ensure that this crime lab in Boston is operated efficiently and effectively. We owe that to the survivors of crime to have a crime lab that is working effectively. We don't know the answers to that, that's why I'm calling on state and federal officials to do the work for us. Thank you Mr. Chair.

Does anyone of my colleagues want to speak?

I'm fine, thank you.

Great. I've also been informed by central staff that we do not have anyone signed up for public testimony As mentioned, I will work with the lead sponsors in the administration to figure out another time that everyone is available. And we will adjourn today's hearing. This hearing on docket number 0180 is adjourned. Thank you

Thank you.