February 17, 2005

Peter Rose Case

Details:  Recently The Lodi Police Department was notified of the results of the DNA analysis in the ten year old rape case of a 13 year old victim.  The results concluded that the DNA submitted from the victims undergarments did not match Peter Rose who had been arrested and convicted of rape some ten years ago.  Additional analysis also excluded the victim’s boyfriend as a source of the DNA.

This case has generated a great deal of debate and has raised questions of police procedures and may have caused concern in those we serve. 

Three senior members of the Lodi Police Department were assigned to conduct an administrative review of this case.  Chief Jerry Adams has also requested an independent review of the case by the California State Office of Attorney General and that their findings be made public. We have also arranged for the DNA evidence to be examined by the Department of Justice in order to determine a DNA profile and also for submission into the California DNA data base.

As a result of an internal review of the case we have concluded that sufficient probable cause existed to warrant the arrest of Peter Rose.  The arrest was based upon a number of factors and staff will be available to discuss them with members of the media. In fact, Assistant District Attorney Jim Willet has indicated that Lodi Police Detectives would have been derelict had they not presented the case to the District Attorney’s Office.

Understandably questions and concerns have been raised with respect to the questioning of the 13 year old victim and the manner in which the interview was conducted. We acknowledge that some of the tactics employed during the interview may be viewed as overly aggressive.  We have also concluded that the detective’s motivation was to protect the public they serve and find the truth.  However that is not to say that our review of the interview transcripts has not revealed some areas for improvement.

It is important to emphasize that this case was reviewed by the District Attorney and the Public Defenders offices and that all aspects of the case including interview transcripts and audio tapes were available for review at the time of the original trial.  The case was heard before a judge and jury and Mr. Rose was ultimately convicted.  The case was even unsuccessfully appealed to the California Court of Appeals and the California Supreme Court.

If this type of case were to have occurred today the interview of the victim would have been videotaped and would have likely taken place in the presence of a victim advocate.

As an organization we regret the circumstances of this case.  We feel that we conducted a thorough investigation that led the investigators, the judge, the jury as well as appellate courts to believe Mr. Rose was responsible for committing this crime.   The Lodi Police Department is committed to conducting fair, thorough and objective investigations. Maintaining public trust and instilling confidence in our organization is imperative and we are committed to protecting the rights of all citizens.  Thus, we are opening ourselves to public scrutiny and review of our policies and practices through the State of California Office of Attorney General.

For additional information please contact Lt. William Barry at 329-2966 or Captain David Main at 333-6726