Travis County District Attorney’s Office Secures Conviction in Aggravated Sexual Assault of a Child 1993 Cold Case
Authorities Identified Defendant with the SAKI Federal Grant that Processed the Victim’s Untested Sexual Assault Kit
Travis County, TX — On Friday, January 17, 2025, a Travis County jury found Douglas Birden, 66, guilty of two counts of Aggravated Sexual Assault of a Child, pertaining to a cold case from 1993. This verdict marks the resolution of a case that had remained open for over three decades. The significant advancement in the investigation of this case resulted from the collaborative efforts of the National Sexual Assault Kit Initiative (SAKI) Program, which was instrumental in aiding our law enforcement partners in identifying the defendant. This case highlights the vital role of forensic advancements and the importance of federal grant funding in pursuing justice for survivors of sexual assault.
Investigation of Cold Case
On November 22, 1993, a 13-year-old girl reported to the Austin Police Department that while walking home from basketball practice at Peace Junior High School, a man drove up beside her and ordered her to get into his vehicle while pointing a gun at her. The suspect then drove to an area near Harris Branch, where he parked and sexually assaulted her. After the victim reported the sexual assault, investigators collected DNA evidence during the sexual assault examination.
The sexual assault kit was tested using federal SAKI grant funds, which resulted in obtaining a male DNA profile. This male DNA profile was entered into the Combined DNA Index System (CODIS), a nationwide computerized database that compares DNA profiles from forensic cases with those of qualifying offenders who have been convicted of certain crimes. The Texas Department of Public Safety’s CODIS laboratory had a DNA sample on file from convicted offender Douglas Lee Birden, related to a separate case.
On July 13, 2020, the Texas Department of Public Safety’s CODIS computer system identified a match between the male DNA profile obtained from the victim’s sexual assault kit, collected by the Austin Police Department, and the male DNA profile belonging to Douglas Lee Birden. To confirm this important finding, a DNA sample from Mr. Birden was collected with the authorization of a search warrant. This step was crucial in establishing the link between Douglas Birden’s DNA and the male DNA profile collected at the time of the sexual assault, thereby progressing the investigation and legal proceedings.
On February 2, 2022, Mr. Birden was arrested by the Killeen Police Department’s SWAT team and charged with Aggravated Sexual Assault of a Child for the offense that took place on November 22, 1993.
The State of Texas v. Douglas Birden
On March 9, 2022, Mr. Birden was indicted with two counts of Aggravated Sexual Assault of a Child.
Jury selection for the trial of Mr. Birden started on Monday, January 13, 2025, and prosecutors began presenting evidence on the following day. Jury selection for the trial of Mr. Birden started on Monday, January 13, 2025, and prosecutors began presenting evidence on the following day. On Friday, January 17, 2025, the jury started deliberating, and on the same day, the jury found Mr. Birden guilty of two counts of Aggravated Sexual Assault of a Child and sentenced him to serve 30 years in prison at the Texas Department of Criminal Justice.
CPS, Child Abuse, and Child Protection Teams Director Efrain De La Fuente and Assistant District Attorneys Jessica Ghazal and Nancy Nicolas tried the case against Mr.Birden with the support of Investigator Rachael Lacey, Victim Counselor Whitney Klusman, Paralegal Izzy Stovall, and Legal Secretary Anthony Giles. Austin Police Department Detective Brandon Poe investigated Mr. Birden’s case.
“This conviction is the result of a close collaboration between the Travis County District Attorney’s Office and our law enforcement partners,” said Travis County District Attorney José Garza. “Together, and with the support of the federal grant, we worked diligently to ensure that the victim in this case received the justice they rightfully deserved decades ago.”
National Sexual Assault Kit Initiative Program (SAKI)
According to the Sexual Assault Kit Initiative website, in 2017, the city of Austin was awarded its first Sexual Assault Kit Initiative (SAKI) federal grant of $2 million, which is overseen by the Bureau of Justice Assistance (BJA). This funding was allocated to assist the Austin Police Department in processing more than 3,700 untested sexual assault kits.
In 2018, Austin received its second SAKI award, worth $1 million, to continue the efforts initiated with the first grant. This funding aimed to support sexual assault victims, ensure adequate staffing for investigations, prosecutions, and victim services, improve policies and practices related to sexual assault response, and increase public awareness about sexual assault.
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