Police are revisiting a cold case from 12 years ago. Lisa Nuñez-Najera discovered a business card left at her Kansas home, prompting a call from a lieutenant with the sex crimes unit of the Wichita Police Department. Initially apprehensive, she was informed that her rape case from 2006 was being revisited as the evidence kit had just been processed, revealing a man’s DNA. This development came as a surprise to Nuñez-Najera, who believed the kit had been tested years ago.
The discovery of a rape kit backlog in Kansas was accidental, as the state found 2,200 untested kits dating back to 1994. In response, the Kansas Bureau of Investigation received funding through the National Sexual Assault Kit Initiative to address the backlog and improve investigative processes. Katie Whisman, a key figure in overseeing the initiative, worked diligently to implement the program and support law enforcement agencies in testing and reexamining evidence.
Local police departments like Wichita’s faced challenges in following up on the DNA matches from the tested kits. Lt. Jason Stephens took on the responsibility of reviewing suspect packets, acknowledging the strain on resources but working diligently to advance the investigations.
Stephen and his team had been transporting the agency’s untested kits to Topeka for testing in batches of about 200 at a time. Out of roughly 1,100 kits stored in a temperature-controlled room, about half of the state’s total, results from the lab reports led Stephen to flag around 300 cases for further review. These were mostly cases where DNA profiles and suspects’ names had been identified. A team of local law enforcement officials and prosecutors then met to discuss whether these investigations could be reopened, but only 16 cases made it through this step. One of these cases belonged to Nuñez-Najera.
After finding Stephen’s business card at her front door, Nuñez-Najera hesitated but eventually agreed to meet with him at the police headquarters. She was initially surprised by the sudden interest in her case but also hopeful that there might finally be some answers and that someone would listen to her.
Nuñez-Najera had been raped by a man she recognized as living in her trailer park. He had followed her around and one day, with a friend, he had forcibly entered her home, assaulted her, and raped her while her children were taken outside. Despite feeling the need to protect her children, she was unable to prevent the assault. Nuñez-Najera initially did not pursue the case due to concerns about the man’s gang connections and her family’s safety.
Twelve years later, the police contacted her about the case, which was a rare occurrence for survivors in Kansas whose kits had been tested. Whisman, part of the team handling these cases, expressed frustration at the lack of follow-up by law enforcement in many instances. She worked to allocate more resources towards training police and prosecutors to address misconceptions about sexual violence, aiming to improve outcomes for survivors in similar situations.
Improving the Future for Victims
Looking to the future, she contemplated how to make things better for victims. A previous trial, which resulted in an acquittal despite using a previously untested kit, prompted her to consider the public’s role, particularly the jurors. She pondered on influencing change in this aspect.
Utilizing grant funds, she launched a public awareness campaign with a powerful message: Rape is a real issue that has affected someone you may know.
A Heart-Wrenching Encounter
When Nuñez-Najera stepped into the Wichita Police Department, she encountered a new detective, causing anxiety to resurface. Despite having recently opened up to another officer, she now found herself starting anew.
Recalling the assault in vivid detail, she identified the perpetrator from a set of photos, reigniting intense emotions. Seeing her name beside his picture stirred discomfort, linking them in an unsettling way.
Accompanied by advocate Mary Stolz, with whom she had built a rapport, Nuñez-Najera proceeded to the Wichita Area Sexual Assault Center. Stolz, a seasoned advocate, had dedicated her career to supporting survivors, often encountering resistant attitudes among law enforcement officers.
Hope Amid Challenges
Recognizing the need for cultural change within law enforcement, Stolz was optimistic when Kansas received a grant to address the backlog of rape kits. Attending a training session in Topeka, she envisioned the potential for DNA evidence to link cases and apprehend serial offenders.
Despite her eagerness to contribute, Stolz found herself marginalized in discussions at the Wichita Police Department. Acknowledging her limited role, she advocated for victim notification assistance.
Limited Victim Outreach
Wichita police focused on contacting victims in select cases deemed prosecutable, struggling to locate some individuals. Out of 16 cases involving 17 victims, they faced difficulties reaching several, highlighting the challenges in engaging survivors.
Y and two others, including Nuñez-Najera, were interested in reopening investigations, but officials hesitated to contact more individuals to avoid re-traumatizing victims. Mary Stolz, now the executive director of the Wichita Area Sexual Assault Center, questioned if the support from her organization could have encouraged more women to pursue their cases. Stolz was involved in only two cases, one being Nuñez-Najera’s. She assisted another victim in finding shelter and permanent housing, leading to the perpetrator’s conviction. Stolz believes that victims should be informed about the status of their kits, emphasizing that they deserve to have information, regardless of the decision on prosecution. Wichita police, however, have been criticized for not notifying victims of DNA matches due to cases not being reopened. Stolz expressed shock at this lack of transparency, calling it a violation of human rights.
The efforts to clear the backlog of rape kits in Kansas in 2019 were not as successful as hoped, with only a small number of cases progressing to charges and convictions. State officials recognized the need for more training and resources to address the issue. While progress has been made, there are challenges in tracking the work done by local departments. Despite the limitations, positive changes have occurred, such as new partnerships and increased training within the criminal justice system. In response, a law was passed requiring prompt testing of all sexual assault kits reported to the police. This legislation was supported by the Kansas Sexual Assault Response Advisory Council, which was established during the backlog clearance initiative. Wichita police have also made improvements, including testing all kits and providing specialized training for recruits and detectives handling sexual and domestic violence cases.
Interviews are now conducted in a room with cozy seating and artwork adorning the walls, rather than at a metal table with handcuffs meant for suspects. Andrew Ford, the agency’s public information officer, emphasized the department’s dedication to providing empathetic support to victims. He acknowledged past missteps, such as a sex crimes investigator leaving a business card exposed at a victim’s home, as was the case with Nuñez-Najera. Ford stated that they are committed to continuous improvement and are actively striving to do better.
While some progress has been made, the Kansas Sexual Assault Kit Initiative has not fully delivered the anticipated changes. The Joyful Heart Foundation, a national nonprofit advocating for rape kit reform, noted that Kansas has only completed three out of six key pillars of reform. Recent data from the Kansas Bureau of Investigation revealed that in 2022, only 15% of reported rapes led to an arrest, a lower percentage compared to when the backlog initiative began in 2014. The number of reported rapes to law enforcement has remained relatively stagnant, with delays of months or even years for processing rape kits. Wichita Police Department officials mentioned waiting over nine months for the county crime lab to process a kit unless expedited testing is requested for urgent cases.
Following the implementation of a policy to test all kits, an additional 700 untested kits accumulated in just under four years, with the last one not processed until 2023. Whisman, a former Kansas Bureau of Investigation member, expressed disappointment at the lack of progress since her departure in 2020. She suggested that officials allocate more funds for training, update sexual assault laws, and establish a rape kit tracking system to further advancements.
Although officials from the Kansas Bureau of Investigation declined interview requests, they stated in a release that steps are being taken towards implementing a tracking system. Whisman, reflecting on the initial positive momentum of the effort, expressed disappointment at the current state of affairs.
Nuñez-Najera experienced periods of overwhelming fear hindering her daily life. Through support groups and creating art, including paintings and pottery, she has found solace. Additionally, learning the identity of the suspect in her case, Jorge Martell-Silva, has brought some closure. Martell-Silva’s mug shot was featured on the Sedgwick County Sheriff’s Office website, providing Nuñez-Najera with some validation and answers regarding her assault.
The Sedgwick County Sheriff’s Office is seeking a suspect on rape charges. Sheriff’s Lt. Nathan Gibbs informed USA TODAY that there is still an outstanding rape warrant from 2018 for Martell-Silva. While Wichita police did not confirm Martell-Silva’s name, they did confirm to USA TODAY that the warrant for Nuñez-Najera’s case is still active and believe he is currently out of the country. Martell-Silva did not respond to requests for comments via social media messages. He has not been convicted of any crime related to the case.
Nuñez-Najera expressed relief knowing that if Martell-Silva ever returns to the country, he can be arrested. She is also grateful that her rape kit was tested and that the police informed her of the results. Despite this, her trust in the Wichita police has been shaken, and she is unsure if she would seek their help if needed.
This experience has changed how Nuñez-Najera views herself. Despite trying to bury the trauma over the years, memories of the rape would often resurface unexpectedly. When the police requested to discuss her case after testing her kit, she hesitated, unsure if she could face it. However, she now realizes her own strength and feels empowered.
Reporter Tricia L. Nadolny from the USA TODAY investigations team contributed to this article. For contact information, reach out to tnadolny@usatoday.com or X @TriciaNadolny.
