Pubdate: Sat, 16 Sep 2000 Source: Charleston Gazette (WV) Copyright: 2000 Charleston Gazette Contact: 1001 Virginia St. E., Charleston, WV 25301 Fax: (304) 348-1233 Feedback: http://www.wvgazette.com/static/Forum.html Website: http://www.wvgazette.com/ Author: Lawrence Messina, Staff Writer RETESTING URGED FOR LAB CASES Shutdown Won't Stop War On Drugs Federal prosecutors throughout West Virginia want independent labs to retest seized drugs and similar evidence from all of their open drug cases, pending ongoing internal and FBI probes of the State Police crime lab's now-closed drug section. Both federal and county prosecutors have responded to the lab's Thursday shutdown with caution, though police stress that drug offenders have not earned a holiday. "The arrest and investigation of drug suspects will continue as always," Detective Chuck Carpenter of the Metropolitan Drug Enforcement Network Team said Friday. U.S. Attorney Rebecca Betts announced retests in a letter issued Friday to every defense lawyer with a drug case pending or on appeal in the state's southern federal court district. The letter mentions the ongoing investigation of "certain irregularities" at the State Police drug lab, which tests drug evidence for federal as well as state drug prosecutions. "The defendant of course may stipulate to the drugs in the case and forgo the need for such retesting," Betts wrote. "Absent such a stipulation, however, the United States will proceed with retesting." Betts' counterpart in the state's northern federal district has also begun notifying defense lawyers about retesting. U.S. Attorney Melvin Kahle noted that his prosecutors have a drug sentencing set for Monday and a drug trial set for Tuesday. "We're going to take every necessary step," Kahle said Friday from Charleston, where he was attending the state's Juvenile Justice Conference. "We are now looking at our active cases." In her letter, Betts wrote that the "irregularities" involve "the process in which drug-related evidence has been tested and analyzed" at the State Police drug section in South Charleston. Betts' office wants to retest "any drug-related evidence offered or to be offered" against a suspect "to assure there is no miscarriage of justice." Betts offered no other details in her letter. She apparently detailed the drug section's alleged problem or problems in a Monday court filing, since sealed, which asked a judge to postpone the week's scheduled drug hearings. West Virginia's Prosecuting Attorneys Institute, meanwhile, has suggested to all 55 county prosecutors that they adopt a stance similar to Betts' in their drug cases. Kanawha County Prosecuting Attorney Bill Forbes, who oversees the state's largest such office, has suspended his drug caseload. He has further asked that all county drug suspects be released on bail while the State Police lab is investigated. The State Police reported Thursday that "certain inconsistencies" were discovered at the drug lab on Sept. 7, "as a result of established quality control procedures." The section's three troopers and two civilians were placed on administrative leave with pay Thursday afternoon. "It's a precautionary measure, not a disciplinary one," State Police spokesman Sgt. Michael Corsaro said Friday. With no staff, the lab can no longer accept or process drug evidence. Corsaro said the State Police hope by next week to find an alternate lab, possibly with the FBI or the U.S. Drug Enforcement Administration, willing to handle the closed lab's caseload. Meanwhile, the State Police and the FBI are investigating separately. Police say the questions about the lab's work will not affect their use of portable chemical test kits on suspected drugs. These kits test for the presence of a range of drugs, though the evidence is eventually sent to the State Police lab for further testing. "Presumptive field tests have developed over the years," Carpenter said. "They are highly reliable, in my opinion." Like the defense lawyers for drug suspects, other police and even Prosecuting Attorney Forbes, Carpenter said his unit does not know what the "irregularities" at the lab's drug section could be. He spoke highly of his past dealings with its staff. "They've been nothing but professional and they have handled all of my cases with great care and expertise," he said. "I have no idea what the inconsistencies are. " The lab shutdown has reminded some officials of Fred Zain, who tested and testified in hundreds of criminal cases handled by the lab's blood-testing section between 1979 and 1989. A Supreme Court investigation discredited Zain's entire body of work in 1993, concluding he routinely exaggerated, altered and faked blood evidence test results. Zain's work has been blamed for a number of wrongful convictions and imprisonments. He awaits trial on related fraud charges. Reacting to Thursday's shutdown, law enforcement officials cited the steps the crime lab has taken to distance itself from the Zain era. "After the Fred Zain case, we find it hard to believe that the State Police would have any inconsistencies or problems with their lab testing," said Cpl. Jess Bailes, spokesman for the Kanawha County Sheriff's Department. "We hope that the outcome of this investigation will back our faith in their work." Bailes said that like the metro drug team, his department will continue to pursue drug offenses and try to find another lab to test seized evidence. "The inability to send away for testing will cause problems, but we're not going to quit doing drug cases," Bailes said Friday. To contact staff writer Lawrence Messina, use e-mail or call 348-4869. - --- MAP posted-by: Jo-D