Time Limits Targeted In Sex Assault Cases

Deep inside the locked databases of the state forensic lab are six samples of DNA that link individuals to sex crimes committed in Connecticut.

But law enforcement officials say they cannot prosecute any of those individuals because the statute of limitations has expired in each of the cases.

It's a frustrating part of a crime investigator's job and one that some state lawmakers are hoping to address by passing a law that would remove the current 20-year statute of limitations on certain sexual assault offenses, in cases where a suspect has been identified through DNA evidence.

The law, which would take effect July 1, unanimously passed the judiciary committee earlier this month and is on the House of Representatives' calendar for a possible vote.

If there is a public face to the issue, it belongs to Donna Palomba, a Waterbury woman who was violently assaulted by a masked intruder who entered her home in 1993. The assailant cut her phone lines, covered her head with a pillowcase and raped her while her children slept.

At the time of the attack, the statute of limitations was five years.

Police didn't catch up to the man they believed attacked Palomba until 11 years later, when John Regan voluntarily gave authorities a DNA sample after being charged with the attempted sexual assault of a 21-year-old co-worker.

Authorities ran Regan's sample through their DNA database and found a perfect match to Palomba's case. But because the then 5-year statute of limitations had expired, authorities were only able to charge Regan with kidnapping.

Regan, who is currently serving a 12-year prison sentence in New York for attempting to abduct a 17-year-old girl in Saratoga County in 2005, was later sentenced to a 15-year concurrent prison sentence in Connecticut for Palomba's kidnapping and the attempted assault of his co-worker. He'll have to serve the final three years in Connecticut

"This is not enough," Palomba said during recent testimony at the state Capitol in support of the legislation. "Regan should be charged with the crime he committed in my case, which is first-degree sexual assault. There is DNA evidence and he was armed with a gun and a knife. He is dangerous and calculating and it has been proven he is a repeat offender. I fear for my life when he gets out and believe he will attack other innocent victims."

During her testimony in Hartford several weeks ago, Palomba hid her identity and was described only as "Jane Doe." She has since decided to reveal herself and has launched a national initiative called "Jane Doe No More" to help raise awareness about sexual assault and victims' rights. Palomba reveals her identity on her organization's website.

She could not be reached for comment Thursday.

Currently, only crimes such as capital felony and Class A felonies such as arson, murder and first-degree escape have no statute of limitations. The proposed bill would extend that list to include first-degree sexual assault, aggravated first-degree sexual assault, sexual assault in a spousal or cohabitating relationship, second-degree sexual assault, third-degree sexual assault, and third-degree sexual assault with a firearm.

Because of the way the proposal is written and other legal limitations, none of the six confirmed DNA matches could be prosecuted if the new law were to pass, said state Rep. Michael Lawlor, D-East Haven and co-chairman of the judiciary committee. The existing statute of limitations in all those cases had expired at the time the match was made.

Authorities are hoping to find a match soon in a New Haven case in which DNA evidence obtained in a sexual assault last year has been linked to 13 other sexual assaults in Virginia and Maryland. Investigators know they have a serial rapist at large, but they haven't been able to match the evidence to a person, said Michael Burke, who oversees the state forensic lab's DNA database. No new DNA evidence has been identified since the New Haven case, although authorities have no idea if the suspect is still in the area.

Lt. David Rice, director of the state forensic lab in Meriden, said Thursday he did not know whether any of the individuals for whom authorities have a DNA match are currently free or incarcerated for other crimes.

It was unclear Thursday whether the proposed bill will pass in the House and Senate before the June 6 deadline.

Lawlor and other legislators are considering attaching an amendment to the bill that also would extend the statute of limitations for lawsuits in child molestation cases from 30 to 40 years, a measure proposed in direct response to recent abuse allegations involving Roman Catholic priests.