Kansas City wanted witness protection fund to solve crimes. Police have used it once

After Missouri lawmakers agreed to Kansas City’s call last year for a state-financed witness protection fund to support violent crime investigations, the KCPD has tapped the $1 million available just once.

For $116.68.

Missouri Department of Public Safety spokesman Mike O’Connell said that’s the only time any police department has used the fund, which became available four months ago. Four other departments have registered with the state to use it.

The bill Kansas City police submitted for reimbursement was paid on April 30, O’Connell said, for a “shelter expense.”

The fund was created by the Missouri General Assembly in 2020 during a special session on violent crime called by Gov. Mike Parson, in response to a record year for killings in Kansas City. Mayor Quinton Lucas had asked for such a session last year, specifically seeking state funds to protect witnesses, whose hesitancy or resistance to cooperation has long been a barrier in investigations.

KCPD solved 53% of the killings that occurred in the city in 2020. The clearance rates are lower for other crimes: 20% of rapes, and 22% of aggravated assaults, which could include non-fatal shootings.

Last May, Police Chief Rick Smith complained that in one week, eight of 10 surviving shooting victims declined to cooperate in the investigation or press charges. The same was true of two-thirds of survivors in past investigations, he wrote on his blog.

“A majority claim they don’t know who shot them or why. Investigation usually shows that’s not true,” Smith wrote. “They either want to retaliate, were involved in illegal activity at the time of the shooting they don’t want to disclose, or fear retaliation. If shooting victims don’t help police stop shooters, the shooters remain in the community and remain readily capable of deadly violence.”

Sgt. Jake Becchina, KCPD spokesman, wrote in an email that the department requested the $116 in March. KCPD will apply for witness protection funds “when applicable,” he said.

“There are certain parameters that a case and witness must meet,” Becchina wrote. “Our investigative staff weigh the possibility of applying when cases with witnesses that need protection come along.”

The Department of Public Safety allows the money to be used on a variety of victims’ services, as long as the crime was violent or involved threats of violence, the victim was a Missouri resident and was not a perpetrator or accessory in the act.

Lucas said Wednesday he was “frustrated” to learn the fund hasn’t been utilized more. He said the fund has not been discussed in meetings of the state-appointed board of police commissioners, on which he has the sole seat held by a local elected official.

“I thought it would be a substantial tool in unlocking more of our vexing homicide cases and helping us address some of the long-term conspiracy-like drug dealing cases,” he said. “I think it’s imperative upon our police department to make sure we are availing ourselves of these resources.”

This year, in response to Lucas’ moves to take local control of 18% of the Kansas City police budget, Republican lawmakers are calling for another special session on police funding.

Violent crime, a group of Northland Republican representatives wrote to Parson last week, has put the city in a “crisis.” On Wednesday, O’Fallon Rep. Nick Schroer scheduled a press conference in St. Louis asking Parson for a session “in order to address how police departments within high-crime areas in our state are being ‘defunded.’”

In 2019, The Star reported that an external assessment of the Kansas City Police Department found detectives had used their own money to put witnesses in hotels. The department declined to join the Jackson County Prosecutor’s Office in seeking federal grant money for witness protection, but police said Smith spoke with Parson to ask for a state fund.

The fund was one of two proposals from Parson that lawmakers passed before they abruptly ended the violent crime session last September. They left at least four other measures on the table.

But the fund remained empty until lawmakers put money into it in December. There is currently $1 million available, according to the Department of Public Safety. Lawmakers this year made an additional $1 million available for the fiscal year that starts next month.

The state allows departments to use the money to protect victims of violent crime whether or not they are expected to testify or provide evidence. If they are, the department must submit a summary of their anticipated testimony to the state to get the funds. It’s available on a reimbursement, first-come first-served basis.

The money can be used on security for victims or witnesses, burner phones, food and housing, storage of belongings, legal fees to file for restraining orders and for therapy or counseling.

O’Connell said he did not know why police have not used the fund more. The department told police across the state the money was available after lawmakers approved it, he said.

“Maybe ask the police departments,” he said. “We just know the funds are available.”

The fund was one of the few victories Kansas City officials have scored in Jefferson City in recent years. Lucas and other local officials lost in their effort this year to stop lawmakers from lifting the KCPD residency requirement. And they’ve long wanted local control of KCPD, an idea that the legislature is sure to soundly reject amid backlash toward Lucas’ police budget re-allocation.

“You only get so many bites of the apple,” he said. “I hope in the future we’re able to tell Jefferson City we’ve used this fund to success and it’s helped us to solve crimes.”

This story was originally published June 2, 2021 at 11:33 AM.