Could rape kit collected after Stephen Smith’s death help solve SC murder investigation?

A potentially key piece of evidence collected as part of the high-profile investigation into Stephen Smith’s death appears to remain untested.

A rape kit conducted on the Hampton County teenager in 2015 after he was found in the middle of the road was previously reported as “unaccounted for,” according to various media outlets. But an attorney representing Smith’s family recently told The Sun News that the state’s top law enforcement agency, the South Carolina Law Enforcement Division, now has it.

Attorney Eric Bland said his understanding is that SLED has had the kit since 2021 when it took over the investigation, but it hasn’t been processed to his knowledge. It had previously been stored at the S.C. Department of Public Safety’s Central Evidence Facility since August 2015, according to an evidence chain of custody form acquired by The State newspaper.

A SLED spokeswoman told The Sun News she couldn’t comment on anything related to the ongoing investigation.

The investigation into Smith’s death has gained national attention since it was reopened by SLED in June 2021 based on information gathered during their investigation into the murders of Paul and Maggie Murdaugh. Disgraced former attorney Alex Murdaugh was found guilty in March of murdering his wife and son.

Investigators have not disclosed what information was discovered that led to the reopening of the Smith case, and no members of the Murdaugh family have been formally implicated in his death.

A rape kit, or sexual assault kit, is a collection of items with potential DNA evidence preserved typically following an allegation of sexual assault.

Bland said he wasn’t sure why the kit was collected for Smith, particularly since his cause of death was ruled at the time as a hit-and-run, and he wondered whether the fact that he was openly gay was a factor.

Why was rape kit collected?

But Dr. Paul Uribe, a Texas-based certified forensic pathologist who is licensed in several states including South Carolina, said rape kits are occasionally collected as part of death investigations, particularly if the death occurred under suspicious circumstances.

The Hampton County coroner initially believed Smith’s death was caused by a gunshot, according to notes included in the Highway Patrol’s Multi-Disciplinary Accident Investigation Team report, though that was ruled out during the autopsy.

Uribe, speaking generally and with no specific knowledge of the Smith case, said if there’s any inclination a death might be a homicide, it’s best to collect potential DNA evidence immediately because it likely won’t be possible to collect later.

He noted that even if it’s collected, there usually has to be an impetus to test the kit, which doesn’t usually happen unless the death is ruled a homicide, due to associated costs.

“It’s very possible if a case is reopened as a homicide, at the investigator’s discretion, they could decide they want to test it,” Uribe said. “At least they have the evidence.”

SLED Chief Mark Keel recently confirmed that his agency is now investigating Smith’s death as a murder.

Could DNA testing help the murder investigation?

If a rape kit is tested, the key is looking for a distinctive DNA profile different than the subject from whom the evidence was collected, Uribe said, to determine if they were sexually assaulted or at least if they had sex with someone recently.

Even if another DNA profile is discovered, it would need to match with someone whose DNA is already in a criminal database or a known suspect who law enforcement has been able to also test to prove helpful, Uribe added.

“If they find another DNA profile, does that mean there was definitely a sexual assault? No, an investigator needs to look at all the evidence in context,” he said. “If they (get a match), it might help provide some motive.”

Bland told The Sun News he doesn’t believe the rape kit collected after Smith’s death will prove relevant in solving the murder case. The initial autopsy of Smith didn’t note any signs of sexual assault, according to the report.

Ilse Knight, policy and advocacy director for the Joyful Heart Foundation, a nonprofit pushing for states to enact legislation to clear untested rape kit backlogs, said Smith’s kit should absolutely be tested now that his death is being investigated as a murder.

“Even just to rule it out (as helpful evidence),” she said, after being briefed on the case by a reporter. “Somebody collected it for a reason.”

Rape kit backlog and delayed S.C. tracking

South Carolina is one of the worst states in the country when it comes to laws and policies that support clearing the sexual assault kit backlogs, Knight said.

There were nearly 1,900 kits in SLED’s possession as of January 2022 awaiting testing, a spokesperson previously told The State, and that number doesn’t account for the unknown number sitting in storage at other South Carolina law enforcement facilities. A new SLED forensics lab intended to improve its testing efficiency fully opened last December, according to a spokeswoman.

A bill signed in 2020 requires SLED to create and operate a statewide sexual assault kit tracking system, allowing survivors to anonymously check the status of their kits.

But that effort is behind schedule.

The law required the tracking system to be fully operational by June 1, 2022 with subsequent reports outlining various data points collected by the system submitted biannually every January and July thereafter to the governor and state judiciary committees.

SLED’s January report on the system was rather just an update that they’ve procured the services of a software provider that will allow jurisdictions to track the sexual assault kits with plans to roll out a pilot program.

“Following the anticipated successful rollout of the pilot program, SLED remains optimistic that the system will be fully implemented statewide within this calendar year,” the report signed by Chief Keel states.

Shauna Galloway-Williams, chief executive officer of the Julie Valentine Center, a Greenville County nonprofit focused on helping victims of sexual violence and child abuse, told The Sun News she was hopeful the system would be in place by now, but she understands it’s a large undertaking.

“Every day that goes by (without the system in place) is another day a victim doesn’t know and is left to question (what’s happening with their sexual assault kit),” Galloway-Williams said.

She added that the tracking system is just one step toward the ultimate goal of ensuring that all kits are tested, rather than sitting on shelves.

Knecht said other steps South Carolina needs to take include getting a full inventory of untested kits — the new tracking system will only track kits collected from the time the system starts and onward — clearing that backlog and mandating that all new kits are tested in a timely manner.