Rape kits untested for years after victims name Michael Miller, now charged in separate sex assault

Evidence untouched after previous accusations

DENVER - The CALL7 Investigators have learned two rape kits sat untested for years before the man both victims named in those incidents was charged in the rape of another woman.

Michael David Miller was booked into the Jefferson County Jail on Friday, accused in the June 2014 sexual assault of a woman he met through the dating site OKCupid.com.

Miller was also charged with the sexual assault of another woman in Aurora in 2010, who told Aurora Police Department investigators he raped her after she responded to a Craigslist ad he posted, saying he was looking for a date.

In 2012, a third woman told Denver police Miller sexually assaulted her after they met through a Yahoo gaming web site. He was never arrested or charged in that case.

In both the 2010 and 2012 cases, police collected rape kits from the victims, which were never tested until this year -- after a new law that was prompted by a year-long CALL7 investigation took effect.

"This is precisely the type of criminal that we discussed when this bill was moving through the legislature," said Republican State Representative Frank McNulty, who sponsored that bill. "I'm glad that other victims won't have to go through what these women had to go through, but I'm sad for those victims that went in, had the evidence collected, didn't have it tested, and this guy was still on the streets."

The bill, which Governor John Hickenlooper signed last June, requires police departments in Colorado to test every rape kit by June 2015. The Colorado Bureau of Investigation recently completed an initial run of 175 kits, and expects to release results from that analysis this month. CBI says so far, agencies have reported more than 6,000 untested kits.

"Well, that's the reason why we ran the bill," said McNulty. You brought this to the attention of the state legislature. The state legislature passed the bill and this is precisely why the bill was passed."

"You just have to test the kits," McNulty said. "It's really that simple."

Charges against Miller in the 2010 case were eventually dropped. A statement sent to the CALL7 Investigators from the 18th Judicial District Office of the District Attorney read:

“In 2011, District Attorney Carol Chambers’ office reviewed the facts of this case, consulted with—and sought input from—the victim as to the substance of the case and her interests in proceeding.  Based upon all of the information and input available, the prosecutors assigned to the case decided to dismiss the case in the interests of justice.”

Miller is in the Jefferson County Jail without bond.

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