Pubdate: Wed, 10 Jan 2001
Source: Herald, The (WA)
Copyright: 2001 The Daily Herald Co.
Contact:  P.O. Box 930, Everett, WA   98206-0930
Fax: (425) 339-3435
Website: http://www.heraldnet.com/
Authors: Scott North, Cathy Logg

PATROL CHEMIST LINKED TO DRUGS

Investigation Focuses On Missing Evidence In Marysville Office

MARYSVILLE -- A state chemist who has spent more than a decade helping send 
people to prison for drug crimes is now himself the focus of a criminal 
investigation.

The forensic scientist, 51, is an 11-year veteran of the Washington State 
Patrol, assigned to its crime laboratory in Marysville. He recently was 
placed on administrative leave, patrol Capt. Eric Robertson said.

Prosecutors are concerned that the man's alleged misconduct may have 
undermined numerous drug cases.

The man is suspected of stealing drugs from evidence that was sent to him 
for testing, according to documents obtained Tuesday in Cascade District 
Court in Arlington.

The man's co-workers became suspicious late last year after they noticed 
unusual behavior and that the chemist was working on "an unreasonably high 
amount" of cases where suspected heroin had been seized. In some cases, the 
man removed from other lab workers' locked cabinets suspected heroin that 
they'd been assigned for testing, a search warrant indicates.

Patrol detectives placed a hidden camera above the man's work area in 
mid-December and allegedly documented him stealing drugs 15 times during a 
one-week period.

The man allegedly was caught on videotape hiding the items in the pockets 
of his shirt and pants, according to the search warrant, which was used 
Dec. 22 to gather potential evidence from the man's work area and car.

No arrests have been made or charges filed. The chemist is under 
investigation for potential felony violations of drug laws, theft and 
tampering with evidence, documents show.

Jim Townsend, Snohomish County's chief criminal deputy prosecutor, said 
there are several hundred active drug cases here where the chemist may have 
had access to evidence, and that number "could be thousands over the years."

The key question is whether anything the man may have done has compromised 
the chain of custody that must be established in court to show that 
specific drugs actually were seized from a suspect.

"This has the potential for a major impact," Townsend said. "It will 
certainly be a major workload impact in analyzing the potential problems."

The patrol's Marysville crime lab is used to process evidence for cases 
from several area counties.

The patrol's Robertson offered few details about what the investigation has 
found.

"We have to complete the investigation and find out what the facts behind 
the allegation are, and if the integrity of previous (evidence) analysis 
has been jeopardized in any way. We don't know that at this point," he said.

After the criminal investigation is complete, the patrol will begin its own 
internal investigation of alleged employee misconduct, which could result 
in internal discipline separate from any criminal charges, Robertson said.

While under suspension, the man is assigned to his residence. He must 
report in to a supervisor twice a day and must be available during normal 
working hours. His cases have been assigned to other scientists at the lab, 
Robertson said.

The State Patrol's District 7 office in Marysville also has had other 
problems recently.

In September, Lt. Walt Fisch was placed on unpaid leave for unspecified 
allegations. The patrol first recommended that Fisch be fired, but after a 
hearing, that was replaced by a recommended 10-day suspension. Fisch has 
appealed.

In November, patrol chief Annette Sandberg ordered Fisch's supervisor, 
Capt. Helmut Steele, reassigned to Olympia. Steele is under investigation 
for unspecified allegations. His case is pending.
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