Pubdate: Sun, 27 Jan 2002 Source: Sunday Gazette-Mail (WV) Copyright: 2002, Sunday Gazette-Mail Contact: http://sundaygazettemail.com/ Details: http://www.mapinc.org/media/1404 Author: Lawrence Messina, Staff Writer REPORT DETAILS ALLEGATIONS AGAINST POLICE DRUG LAB In 1994, Mike Wallace and CBS' "60 Minutes" knocked on the door of the State Police crime lab, hot on the trail of disgraced former lab section chief Fred Zain. Had Wallace and his team walked down the hall at the South Charleston lab, they would have stumbled onto a different scandal - one that would remain hidden for six years. While the State Police reeled from revelations that Zain's handling of blood evidence helped put innocent men in prison, members of the lab's Drug Identification Section habitually skipped mandatory tests in cases from throughout the state, according to a confidential report obtained by the Gazette from an FBI probe of the section. The FBI does not believe the drug section caused any wrongful convictions. Instead, its report alleges that lab workers ignored the very type of standards enacted to restore what Zain's misdeeds had shattered - faith in West Virginia's only lab for testing evidence in criminal cases. The 2000 FBI probe helped convict Todd Owen McDaniel, a civilian chemist in the drug section, on federal fraud charges stemming from his shoddy testing methods. But cutting corners at the section extended beyond McDaniel, the report reveals. Among the allegations: Four section workers other than McDaniel gave answers "indicative of deception" during lie detector tests. Though such tests are considered unreliable, the results prompted several of these staffers to amend or elaborate on their prior statements to FBI agents. In 1993, as the Zain scandal exploded, section chemists decided to skip a test for suspected marijuana, "although it was a procedural requirement," the report said. "It would be reflected in notes that the test was conducted when, in fact, it was not." Staff would ignore this testing requirement "except when interns were present at the laboratory, when they would conduct this test." "Tests conducted by an intern were not reflected as such in the case notes." A required test for suspected cocaine was "conducted sporadically." Baggies, pipes and similar paraphernalia typically seized by police often contain residue evidence. When section staff deemed such residue too scant to test, "They would make sure that there was not enough left by scraping the pipe and throwing away the residue," the report said. "It would happen with any type of evidence." When suspected marijuana evidence included baggies containing hard-to-test seeds, "The seeds would be crushed intentionally" and "vegetation" from other samples would be tested in their place. One of the other chemists tested evidence from different cases at the same time and in the same container. The State Police's chief legal counsel stressed Friday that while other lab staff have been disciplined following the FBI probe, only McDaniel was found to have committed actual crimes. Kelly Ambrose declined to detail the disciplinary actions. But she pointed out that the U.S. Drug Enforcement Administration retested all of the evidence handled by the section, and reached identical results. "Our exoneration was that nobody lied. No one was hiding drugs, no one was using drugs, no one said the evidence was something that it was not," Ambrose said. "There were no test results that were misconstrued or fabricated." The State Police have revamped the section's testing, security and evidence storage policies, thanks in part to the FBI's findings, Ambrose said. The lab has even eliminated some of the testing that McDaniel and others said they skipped. "Our internal policies and procedures are less burdensome but still acceptable for accreditation purposes," she said. "The tests that we had required were actually more stringent that those of the group that accredits the lab." But the State Police recognize that it was not McDaniel's job, or anyone else's in the section, to decree such changes on their own. "If our policy and procedures requires it, we're supposed to do it, that's the bottom line," she said. Workers sought release valve for case backlog, FBI told Along with the occasional intern, McDaniel and one other civilian chemist worked with three troopers in the Drug Identification Section. The section conducted a variety of tests on all sorts of evidence from nearly every state and federal drug case in West Virginia. The section handles thousands of cases each year. McDaniel later told the FBI that the caseload grew too fast, and he and others developed large backlogs. The section, one of seven at the State Police Forensic Laboratory, was shaken along with the others in 1993 by the Zain scandal. The state Supreme Court concluded that Zain's work at the lab was so riddled with errors and outright fraud, none of it could be trusted. Reversed convictions, multimillion-dollar lawsuits and national headlines followed. To salvage its image and to prevent a repeat of such misconduct, the State Police approached the American Society of Crime Laboratory Directors for help. ASCLD, a nationwide network of forensic scientists, helped develop testing standards and procedures for every section of the South Charleston lab. With a new policy in place, ASCLD accredited the lab in September 1994. But McDaniel and others wanted a release valve for the case backlog, the FBI was told. They found one by cutting corners. McDaniel has since admitted that he stopped testing suspected marijuana with a process called Thin Layer Chromatography. McDaniel found the time-consuming, chemical reaction test "unnecessary and cumbersome." McDaniel was not alone. By 1999, others in the section were pretending to conduct the TLC test as well. McDaniel and these co-workers skipped other tests for similar reasons, despite the policy manual. The FBI interviewed current and former lab section workers for its 2000 probe. Four workers consented to polygraph tests. Follow-up interviews after those tests helped detail skirted section policy: Then-section chief and Trooper J.L. Hudson "disclosed that in years past she would sometimes not conduct the exact number of preliminary tests as required by WVSP protocols, but record results in her working notes as if she had," her interview report said. Civilian chemist Mills Dillard admitted to putting the wrong dates on some reports "to make himself appear more productive." Chemist T.G. Montgomery told the FBI that lab notes "did not reflect when a test was conducted by an intern. ... If called upon to testify, Montgomery would testify as if he had conducted the test." All of the section workers stressed that they never falsely reported nondrugs as drugs. Hudson told the FBI "she was confident that retesting would not yield any results different than those which she reported." Dillard said "he always conducted the most specific tests which are more accurate." Only McDaniel was charged in the lab probe, as he had used the U.S. mail to send his reports. To date, no defendants have had their convictions or sentences overturned because of the skipped tests and sloppy work habits at the Drug Identification Section. Convicted chemist caught by post-Zain peer review State Police brass believe the policies enacted in the wake of the Zain debacle helped catch McDaniel and limited any damage he wrought. The policy calls for "peer review" of each chemist's work. Trooper T.G. White was performing such a review of McDaniel's work in September 2000 when he alerted their superiors. White reviewed infrared spectrometer tests McDaniel had conducted on suspected cocaine. He noticed that the dates on the graphs generated during the tests did not match up with dates on the accompanying reports. "White identified five reports which he noted had various inaccuracies, including discrepancies between dates," his FBI interview report said. "Some notes contained within the folders had no dates on them." White realized that at least one graph was dated from a time when McDaniel was on vacation. "White overlaid three spectrographs from the infrared spectrometer in three separate reports and determined that they were identical. Such results are "physically impossible," White said. McDaniel has since admitted that he skipped that test, too. He stressed that other required tests ensured accurate readings of the evidence. McDaniel was suspended and the lab section shut down in September 2000 while the DEA double-checked its test results. Drug cases in both state and federal court throughout West Virginia temporarily ground to a halt. McDaniel has been on probation since last May, after spending three months in a halfway house. The federal judge who sentenced McDaniel scolded him, but also said he earned a relatively light punishment because of the "substantial assistance" he provided prosecutors. That assistance included the lengthy interviews the FBI included in its confidential report. Dillard also resigned during the FBI probe. "He cooperated fully with the government, voluntarily gave all the information he could give and has since moved on," his lawyer, Brian Glasser of Charleston, said Friday. The section's remaining staff members were transferred to other areas, Ambrose said. They and the former section workers interviewed by the FBI either did not respond to messages seeking comment or could not be reached. - --- MAP posted-by: Jay Bergstrom