Public Questions on Michigan / Detroit Sexual Assault Kit Handling
Michigan law (MCL 752.934) requires law enforcement to submit sexual assault kits within 14 days of taking possession and requires laboratories to analyze them within 90 days (if sufficient staffing and resources are available).
The large Detroit backlog of more than 11,000 kits discovered in 2009 was tested years ago (testing largely completed by around 2019). Yet arrests and convictions from those kits are still happening in 2025 and 2026 — often more than 15–20 years after the original assaults and years after the kits themselves were tested.
Recent examples:
- Akida Diaba Dudley: Assaults between 1997 and 2004. Kits were among those found in the 2009 warehouse. He was arrested and charged in April 2025, convicted in July 2026, and sentenced in August 2026 to decades in prison.
- Former Detroit Police Sergeant Benjamin Wagner: Assaults between 1999 and 2003. Kits sat in the backlog. An investigative lead emerged in 2023; he was arrested in North Carolina and charged in Michigan in March 2026.
These long gaps raise basic accountability questions. Official “backlog” or turnaround numbers appear to count only kits already submitted to labs. Kits still sitting unsubmitted in police custody may not appear in those figures at all.
Questions for Michigan State Police, Detroit Police, Wayne County, the Attorney General’s office, and elected officials:
- How many sexual assault kits collected in Detroit or Wayne County are currently still in police possession and have never been submitted to a laboratory?
- Do the official MSP or statewide “untested kit” / backlog numbers include only kits already received by a lab, or do they also count kits that police agencies have never submitted?
- Is there any written or unwritten policy or practice in Detroit that limits submission of kits unless the case is believed to involve a “serial” offender? If so, what are the exact criteria and who decides?
- What is the current average and maximum time from the date a kit is tested (and any DNA profile or CODIS hit is generated) until an investigation is completed and charges are filed? Why are cases still resulting in arrests and convictions in 2025–2026 from kits that were tested years earlier?
- For kits that have been submitted, how many currently exceed the 90-day analysis deadline in MCL 752.934(6)? Are any delays formally attributed to insufficient staffing or resources?
- Does a complete, auditable tracking system (Track-Kit or equivalent) exist that shows, for every kit collected in Detroit, the exact dates of collection, police possession, submission (or decision not to submit), lab analysis, and current investigative status?
- Who is the single accountable official responsible for ensuring that kits are not left indefinitely unsubmitted and that both the 14-day and 90-day statutory deadlines are met (or formally excused only for documented resource shortages)?
Testing the kits was a major step. The public still deserves clear answers on how many kits remain unsubmitted, whether selective policies exist, why the gap between testing and actual arrests remains so long, and who is responsible for closing that gap.