MELBOURNE, Fla. — Sitting in her living room, Liz Bradshaw held a black picture frame with gold trim, protecting a photo taken at 11 years old. Her head was resting on her mom's shoulder.
“I was pretty happy," Bradshaw told the ABC Action News I-Team, describing herself at that age. "Happy friend group in my neighborhood, I was a good kid, I got good grades."
Bradshaw said her favorite thing to do as a child was to sit in her room and read books.
"And then this happened and… I don’t know," Bradshaw said.
What happened is detailed in a Melbourne Police Department sexual assault report from 1990, when Liz Bradshaw, then Liz Totten, was 11 years old.
"It was after my dad died," Bradshaw said. “I don’t ever remember being that happy kid again.”
The suspect is a man named Brian. He was the brother of her mom's then-boyfriend, Paul. Because he was never charged, ABC Action News is not using his full name.
“Brian would regularly get drunk at the bar down the street from our house and call and ask if he could come sleep it off. Which is what happened this time, only he didn’t sleep it off," Bradshaw said.
The police report details a night she will never forget.
“I requested the records from the night and when I got them, I was so disgusted. Offense #1 — sexual battery," Bradshaw said, reading from the report.
The report states "she was awakened by the feel of pressure on her chest and when she opened her eyes saw suspect... was laying on top of her."
After Brian left her childhood home in Melbourne, Bradshaw said, "I went and I woke my mom and Paul up. Paul’s exact words were, ‘I’m gonna f-ing kill him.’”
The report shows officers collected pink sheets, a blue washcloth, a peach blanket, a white night shirt, and green underwear.
“The police came out, went to the hospital, and I did everything you’re supposed to do. And I don’t understand how this isn’t enough evidence," Bradshaw told the I-Team.
Paul, her mom's then-boyfriend, killed himself months later.
“And then I was told that Brian had killed himself," Bradshaw said.
For more than 30 years, Bradshaw thought Brian was dead. That's what a family member had told her. Then, in October 2022, she stopped at a gas station after a trip to the zoo with her grandson.
"Normally we would stop on the way home at the Wawa," Bradshaw said. "And I was waiting to order and I saw him.”
Bradshaw said she understood "fight or flight" in that moment.
"I flew. I snatched my grandson up and I sat in my truck and I cried. And I kept telling myself, no Liz, you’re crazy, you’re crazy, he’s dead, this isn’t real. And then when I got home I started to Google, I wanted to find his obituary. And it doesn’t exist because he’s alive," she said.
Bradshaw said she then went to the Brevard County Clerk of Courts website.
“I found where he had never been charged," she said.
In the police report, it said, "the suspect was not located or contacted."
“I just want accountability for what happened and what was done," Bradshaw said.
Emails shared with the I-Team show Bradshaw not only contacted the Melbourne Police Department, but state representatives, the state attorney's office, and the attorney general's office.
“The basic consensus is, I’m really sorry that happened to you, good luck, I can’t help you," Bradshaw said.
The Florida Department of Law Enforcement (FDLE) processed her rape kit in 11 months. Semen was found on Bradshaw's underwear and nightgown. At the end of the report, addressed to the then-chief of the Melbourne Police Department, it said the evidence would be returned "at the earliest opportunity."
But police told Bradshaw, "the physical evidence was ‘purged' without record.'"
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Survivors of rape now able to track sexual assault evidence kits
“There was no question who it was. He’s named in the report," she said.
The I-Team called, emailed, and went to the Melbourne Police Department in an effort to interview Chief David Gillespie. He had met with Bradshaw earlier the same day she met with the I-Team.
"He was empathetic and that’s nice. I don’t need empathy," Bradshaw said. “The chief even said there’s no denying what happened to me. I’m like okay, yeah, I know that. But there’s also no accountability for it. And that’s the problem.”
Bradshaw said she left the police department "pretty angry."
“Not surprised though. Not at all surprised," she said. "I’ve been asking for seven months now... I was patient. I tried to give them all the leeway to do their jobs."
The I-Team tried calling Brian and finally, wrote him a letter, outlining Bradshaw's allegations, giving him every opportunity to respond. He never did.
Chief Gillespie would not agree to an interview. But in a statement, said after Bradshaw contacted them in October, a detective was assigned to the case. They attempted to gather evidence and "interviewed the suspect, who denied involvement."
In January, Melbourne PD presented the case to the State Attorney's Office for Brevard County. That office declined to prosecute and declined an interview with the I-Team.
In an emailed statement, a spokesperson wrote that they "share the victim's disappointment in not being able to bring this offender to trial." He added that there was "no legal justification for the more than 30-year delay in presenting the case" when "the offender was known to law enforcement" and was "available to be arrested."
“I am going to be as loud as possible until they do what’s right. Because this is just not okay," Bradshaw said.
Chief Gillespie told the I-Team his department was conducting an audit that would provide details regarding the investigation and chain of custody of the evidence.
The I-Team plans to follow up when the results become available.
The I-Team met with Felix Vega, a USF criminology professor and former Hillsborough County state prosecutor, to discuss these types of cases and what changes are in place for survivors.
"For years, we had a maximum of eight years to bring a sexual battery case, which is a formal name for ‘rape’ in the state of Florida. For lesser crimes it was four years. So none of that really changed until legislation went through in 2020, with a law called ‘Donna's Law’, where it eliminated the statute of limitations for rape cases or sexual battery cases where the victim was under 16," Vega said. “The problem with the legislation, which happens a lot — it wasn’t retroactive.”
The I-Team asked Vega, if the evidence in Bradshaw's case had not been purged, if it would be possible to test that evidence today.
“It was possible and it’s an excellent question because the way that they rewrote the statute for these types of cases, is that if the evidence still exists, and then can still be tested, then they can go ahead and do that," Vega said. "Most departments set their own guidelines in terms of how long they keep and store evidence.”
The I-Team asked the Melbourne Police Department about its policy in 1990 on retaining evidence and what that policy is today. The response was that evidence for different crimes or incidents "vary from case to case". While the exact policies Melbourne Police followed more than 30 years ago are still unclear, the department provided the portion of its policy manual on property and evidence. It said, “Biological evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations. Even after expiration of the applicable statute of limitations, the appropriate state attorney's office should be consulted, and authorization obtained.”
“The evolution of the criminal justice system is ongoing. And in this particular case, you had a lot of changes from 1990 to now," Vega said. "We’re always looking, you know, from a prosecutor standpoint and law enforcement, how can we do this better?”
In May, the state announced its sexual assault kit tracking database is now available to survivors throughout Florida. The database comes as a result of a law passed in 2021, which allows survivors to monitor the location and processing of thier rape kit. They can also choose to be notified if their is a DNA match to an alleged abuser.
If you or someone you know is a victim of sexual assault, there are resources available. The Florida Council Against Sexual Violence hotline is 1-888-956-7273. The state of Florida has a website to track sexual assault kits. To reach the National Suicide & Crisis Lifeline, dial 988.
Full Statement from Melbourne Police Chief David Gillespie
In October of 2022, Mrs. Bradshaw contacted the Melbourne Police Department and inquired as to the status of an investigation where she was the victim in 1990. Mrs. Bradshaw advised that she had been told by a family member that the suspect had been arrested and subsequently died. However, in 2022, Mrs. Bradshaw saw the suspect and contacted the police department to learn more about the investigation. Detectives looked in to (sic) the case and discovered that the suspect had never been arrested. A detective from the Major Crimes Division was immediately assigned to follow up the (sic) case that had occurred more than 32 years ago. The Detective attempted to retrieve evidence, reports and records from the case. The Detective also conducted additional investigative steps including interviewing the suspect, who denied involvement. In January of this year, the Detective presented the case to the State Attorney’s Office for prosecution. In April, the State Attorney’s Office notified Mrs. Bradshaw that they were not able to prosecute the case.
As Chief of Police, I empathize with Mrs. Bradshaw that the case is not able to be prosecuted. I have met with Mrs. Bradshaw to listen to her concerns and I understand her frustration. As a result, I ordered the Staff Inspections supervisor of the Professional Standards Unit to conduct an audit of the case, in an attempt to locate evidence and/or be able to provide additional details about what occurred with the investigation in the time frame when the incident occurred. Until the audit is concluded, I am not able to provide further comment.
Full Statement from the State Attorney's Office
The circumstances surrounding this incident are heartbreaking, and we share the victim’s disappointment in not being able to bring this offender to trial.
While we strive for the desired result in every case, this isn’t always possible. Our attorneys and advocates try hard to explain the complex legal issues that produce these outcomes, but also understand the frustration and deeply personal response felt by victims and their families.
Every criminal complaint that our office receives undergoes a careful and thorough review by experienced prosecutors to determine if they reasonably believe the alleged crimes can be proven beyond a reasonable doubt at trial. When the review process finds the required evidence is not sufficient, prosecutors are ethically and legally obligated not to pursue prosecution of the defendant.
In this instance there are several evidentiary and legal issues for the State to overcome to reach the “beyond a reasonable doubt” standard. Most significant is the inability to obtain contemporary DNA analysis on the offender standards (sexual battery evidence kit) collected at the time of the offense, as those materials were purged by the investigating agency and are no longer available. As a result, there is no physical evidence to present at trial.
Further, the lead obstacle to filing this case surrounds the amount of time that has passed since the offense was reported to law enforcement and Mr. ________ was identified as the offender in 1990, until it reached our office for review in 2023. Well-established constitutional due process law requires the State to move forward with a prosecution of a known offender within a reasonable period of time. In this case the offender was known to law enforcement, remained available to be arrested, and there is no legal justification for the more than 30-year delay in presenting the case.
We have a good faith belief that the trial court would ultimately grant a motion for dismissal based on this constitutional challenge, legally barring us from any effort to pursue prosecution now.
Todd Brown
Media Information & Communications
