http://www.mcall.com/news/local/all-a1_5missing.6007674aug27,0,4196621.story?page=1
Lack of system for lost adults
Allentown woman's death points to problems nationwide with procedures for tracking the missing.
By Arlene Martínez | Of The Morning Call
August 27, 2007
When Yvonne Fenner's 24-year-old daughter and 2-year-old grandson seemingly dropped off the planet a month ago, Allentown police saw nothing about their circumstances indicating either was in any danger. They sent Fenner home and told her an officer would be in touch.
On Aug. 7 -- 10 days after she first went to police -- Fenner's worst fears were confirmed when the decomposing bodies of Cecilia Caban, young Luis Martinez Jr. and Caban's boyfriend, Luis O. Martinez, 30, were found in a city garage.
While Allentown police say they conducted a proper investigation, Fenner maintains authorities failed to take her pleas for help seriously.
The case and its differing viewpoints illustrate the uphill battle families face in locating missing adult relatives, the frequent lack of public interest and, advocates say, a need for a uniform, national procedure for finding them.
''I'm always going to feel they didn't do enough,'' said Fenner. ''Does it make any difference she was a 24-year-old, especially if we're telling them she's never gone a day in her life without calling us?''
Caban's disappearance did not attract national headlines, which isn't unusual, advocates for missing adults say. Few missing adults get any attention at all.
The ones that do?
''It's the woman, the mother, the white woman, and typically they're very pretty,'' said Kelly Bennett, a case manager for the National Center for Missing Adults, based in Phoenix. ''Where if it's lower class, they don't get the attention. Someone doesn't want to see someone who's overweight or has a mental illness.''
Earlier this month, Fenner said police ignored the family's case because ''we're low-class.''
Allentown Police Chief Joseph Hanna said his department treats all cases equally.
''I can only speak for the Allentown Police Department and we investigate missing persons cases with equal zeal no matter what the person's socio-economic status is or their gender,'' he said.
The bigger problem, advocates say, is a lack of a national procedure to list missing adults. And Bennett said the $148,000 the federal government set aside in 2006 to help find missing adults doesn't begin to go far enough to assist agencies and families searching for the estimated 50,000 adults whose cases remain active in the FBI's National Crime Information Center.
About two-thirds of the approximately 144,000 cases opened last year were closed within the same year, according to NCIC data.
Kelly Jolkowski's son Jason remains among the active cases, a category he's been in since he vanished from his family's Nebraska driveway in 2001.
In the painful, frustrating years since he disappeared, Jolkowski has poured time into helping families find missing loved ones in states across the country. Prompted by what she sees as the uneven approach law enforcement takes in investigating missing persons cases, she began the Web site
http://www.projectjason.org and then the ''Campaign for the Missing'' in 2005.
Specifically, Jolkowski and volunteers across the country want to see the following laws enacted:
Make it mandatory for law enforcement to register a missing child with the Missing and Exploited Children and, if they're over 18, with the Center for Missing Adults. Currently, some departments do it, others don't, Jolkowski said.
My Note: The statement above is a misquote. The actual section of the proposed legislation reads as follows:
"The law enforcement agency, upon acceptance of a missing persons report, shall inform the reporting citizen of one of two resources, based upon the age of the missing person. If the missing person is age 17 or under, contact information for the National Center for Missing and Exploited Children shall be given. If the missing person is age 18 or older, contact information for the National Center for Missing Adults shall be given."
The article makes it sound as if we wish to mandate LE to submit the missing person information to either NCMEC or NCMA. This amendment simply states that LE will give resources to the families so the family can register the missing person.
Continuing with article:
Catalogue all remains via DNA testing, and if they are identified, have agencies attempt to notify relatives.
''That's the most horrifying thing, is to think could my son have been a body in some morgue and they couldn't identify [it] and they either cremated or buried it,'' said Jolkowski. ''This will force them to take DNA samplings to get it into the national DNA database.''
Since the 1980s, legislation -- supported with money -- has made it easier to find children: removing the 24-hour waiting period before a child could be reporting missing and instituting the Amber Alert system to notify authorities when a child is thought to have been kidnapped by a stranger. In 2006, the Center for Missing and Exploited Children operated on a $33 million federal budget.
But if you're looking for someone over the age of 21 who is not physically or mentally impaired or didn't disappear, for example, during a boating trip, be prepared to go it alone.
Five years ago, things looked promising after Congress gave the Center for Missing Adults a budget of $1.7 million and its official status as the national clearinghouse for missing adults.
But funding dwindled and last year, it dried up. Since April the center's chief executive officer has worked without a salary, and the staff was cut from its high of 15 employees in 2005 to two. Each handles roughly 12,000 cases each year.
''Unfortunately, law enforcement does the best they can with the limited resources they have,'' Bennett said. ''If they took every call [as a missing adult] and there wasn't a sign of foul play I can understand why they hesitate.''
For a person to be classified as missing and entered into the FBI's missing person's database, he or she must be a juvenile, mentally or physically impaired, or considered a victim of foul play, kidnapping or catastrophe.
My Note: The above statement is not neccesarily true, AND, as more laws, such as the Campaign for the Missing get passed, it will not be true. We feel that progressive LE do not follow this thought process.
''A lot of times it's frustrating for the family or reporting party
but there has to be a reasonable concern for their safety,'' said Pennsylvania State Police Cpl. Dave Devitt. ''We want to direct our resources into the areas where we'll have the most likelihood of success.''
Devitt said his department receives calls from people all over the country looking for people who may be in the state. In many instances, state police might file the case under ''check the welfare'' status, which may consist of some interviews or checking where the person may have last lived or visited.
That's what Allentown police did in the case of Caban and Martinez, whose cause of death remains unknown. On July 28, the day Fenner went to police along with Caban's stepmother, Tammy Caban, police listed her as a check the welfare case.
When it comes to determining whether foul play is involved, Hanna said officers make a judgment call based on the information provided to them by the reporting party.
''You have to look at the facts on a case-by-case basis and determine whether the disappearance of the person is consistent with their lifestyle,'' he said.
Caban had no job or permanent residence, splitting time with her mother and father. She was issued a protection-from-abuse order against Martinez, who served prison time in 2006 for breaking the ribs of the couple's first child.
But when, or if, police knew those things is under debate. The family says they told police about the abuse during the initial report on July 28. Police, however, say they were never told about the child abuse and only learned of a report of alleged domestic violence several days later.
Fenner said she and other relatives did all they could on their own, walking the streets, posting flie rs, contacting the media and begging police to look harder.
Fenner says her daughter and grandson's deaths may have been prevented had police acted sooner.
''If they were in my shoes would they have wanted it handled the way they handled mine?''