A bill to improve the review process for solving cold cases will take effect on Nov. 1. During an interim study Tuesday, lawmakers evaluated Oklahoma's cold case and missing persons accountability framework and considered ways to improve investigative processes.
Authored by Sen. Carri Hicks, D-OKC, the new law will require law enforcement agencies to review cold case files upon written application by a victims' immediate family member. The person reviewing the files will determine if further investigation could result in a substantial lead.
"The case file review must be performed by a person who has not previously investigated the case. The review must be completed within 6 months," the bill states. "If the law enforcement agency concludes that further investigation is not warranted, no additional review can be taken for the same case for 5 years, unless new evidence is discovered."
Dr. Maggie Zingman, a trauma focused psychologist with over 30 years of experience, spoke at the study about how strengthening communication could improve case file reviews and help solve cold cases. Her daughter Brittany Phillips was murdered in Tulsa in 2004, and the case went cold.
"I could talk about my story and give it emotionally laden, full of, you know, the trauma, full of the pain. But what I want to do is I want to bring it home to the whole community," Zingman said. "This is not just about a family going through a pain [...] this is about a whole population out there that needs answers."
During the study, the Oklahoma State Bureau of Investigation reported it currently has 463 open cold cases. That doesn't account for the full scope of unsolved cases handled by different agencies across the state.
Zingman reflected on her professional work speaking with victims after the Oklahoma City bombing, as well as first responders in the wake of natural disasters. She said she understands what it's like trying to help someone but not having the tools to do it.
"How many people here know somebody who's been murdered or missing? Typically, I mean, the statistics are saying one out of nine," Zingman said. "It's not about just solving these cold cases. It's protecting you all from being one of those nine."
The study focused on the potential for developing an advisory board with statewide oversight, which could allow agencies to collaborate and streamline cold case reviews.
OSBI Special Agent Spencer Thompson said the agency isn't sure what the workload will look like due to the new law. She said agents plan to respond to new requests the same way they respond to every other call.
"Anytime a call comes in, whether it's our case or another agency's case, we take that information, we do research, we look to see if we can get laboratory information," Thompson said. "The same thing that we've always done is provide information, help them as much as possible, assist in every way that we can to move the case forward."
The new law will set accountability for the investigation timeline, transparency and communication with the victims' families. Each re-review will require new forensic testing, witness re-interviews and updated investigative methods.
Thompson says she isn't sure how law enforcement agencies will ensure families understand the investigative process.
"There's no form that we have right now built in to see how this is going to work. Maybe that's something that we will need to develop," Thompson said. "But we have never ignored any family or taken them and said, 'Your case is not important,' because it is."
Macy Rice, deputy director of government affairs, said the model used for Oklahoma's SAFE Board could serve as a framework for developing an advisory board to oversee cold cases.
In response to a backlog of unsubmitted sexual assault testing kits, the SAFE Board was established in 2018. The task force conducted a statewide audit after prodding from lawmakers and discovered over 7,000 untested, unreported sexual assault kits.
"It helped identify gaps and gave policymakers information they could use to pursue changes," Rice said. "The task force also created a foundation for collaboration and allowed policymakers to actually implement the changes."
Rice said a statewide model would provide perspective and administrative support. She said a board should be established in collaboration with every law enforcement agency involved in cold case investigative processes.
"Identifying a problem is only the first step. There must be a clear responsibility, resources and follow-through to address it," Rice said. "My biggest recommendation to the legislature is to create a board that can see the statewide picture, identify the gaps, and help ensure those gaps are addressed without interfering with individual investigations."
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
