Hospital staff did not properly examine victim, witness for defense in Haskell dorm rape case testifies

Lawrence Memorial Hospital staff did not properly follow protocol when they examined a woman who claimed she had just been raped by two fellow Haskell Indian Nations University students, a medical expert for the defense testified Friday in Douglas County District Court.

On the third day of testimony in defendant Galen Satoe’s criminal trial, the expert — Jennifer Johnson, an advanced forensic nurse at Shawnee Mission Medical Center — testified about her review of the rape kit administered to a woman who said she was raped by Satoe and his roommate, Jared Wheeler, in a Haskell dormitory on Nov. 15, 2014.

The purpose of a rape kit — administered by hospital staff — is to collect evidence for law enforcement investigators, Johnson noted, and the kit involves a certain checklist of steps.

When the reported victim was examined in this case, a number of the checklist items were filled out improperly or unclearly, Johnson said, and this made it difficult to tell precisely what had happened to the woman.

In addition, several steps used to collect physical evidence were not properly completed, she said.

For example, the woman’s clothes were not collected, nor was debris from her body, Johnson said, and the woman was not properly swabbed for DNA evidence.

Johnson also testified that photographic evidence did not corroborate the examining nurse’s notes, which stated that the alleged victim had visible injuries.

However, that examining nurse has not yet had a chance to testify in this trial and prosecutor C.J. Rieg asked Johnson to clarify why the photos might not have shown any injuries.

“It’s because the pictures didn’t turn out so great, right?” Rieg asked Johnson, who replied in the affirmative.

In previous trials a Lawrence Memorial Hospital nurse, Elaine Swisher, testified that photos of blood and skin discoloration were either darkened or out of focus due to an error.

But Rieg downplayed the importance of the photos, in light of Swisher’s findings in her notes. During examinations some victims might refuse to have their pictures taken, Johnson confirmed when asked by Rieg. In those situations, with no photos, investigators would have to rely on the nurse’s notes.

In this case, the nurse’s notes show the reported victim had some bruising and bleeding, according to Swisher’s previous testimony.

Prosecutors allowed Johnson to testify for the defense before they rested their own case due to a scheduling conflict of Johnson’s.

Lawrence Police Officer Scott Chamberlain was among the other witnesses who testified on Friday for the prosecution.

Chamberlain said he was given a bag of the woman’s clothes when he responded to the incident. However, when questioned by defense attorney Angela Keck, he said the clothes were collected by the woman’s friend rather than by police, and Chamberlain said he didn’t verify whether they were the correct items.

Both Wheeler and Satoe were arrested on Nov. 15, 2014. They were released from jail later that same day after posting a $75,000 bond each. Both were expelled from the university.

Satoe, 22, faces two felony counts of rape and a single felony count of aiding and abetting attempted rape. The other man involved, Wheeler, 21, pleaded no contest to a single felony count of aggravated battery last summer after his first and only criminal trial ended with a hung jury.

Wheeler was sentenced in November 2016 to 60 days, the maximum the judge could give him, and he is currently serving that time in the Douglas County Jail.

The jury in Satoe’s first trial, which ended in August 2016, was also unable to reach a unanimous verdict and a mistrial was declared.

Satoe’s second trial will continue Monday morning and is scheduled to extend to Wednesday.