Pubdate: Wed, 07 May 2003
Source: Daily News (KY)
Copyright: 2003 News Publishing LLC
Contact:  http://www.bgdailynews.com/
Details: http://www.mapinc.org/media/1218
Author: Steve Gaines

OFFICIALS CONSIDERING PROBATING SENTENCES DUE TO LAB BACKLOG

Some Facing Drug Charges In Warren County Could Avoid Jail Time In Exchange 
For Guilty Pleas

A backlog in the state's crime labs could mean that some people facing drug 
charges in Warren County will receive probated sentences in exchange for 
guilty pleas, according to Warren County Commonwealth's Attorney Steve 
Wilson. Kentucky State Police spokeswoman Lt. Lisa Rudzinski said the state 
is aware of the problems the backlog is creating, and the problems aren't 
unique to Bowling Green.

Wilson said that, among cases pending before Warren County Circuit Judge 
Tom Lewis, there are nearly 50 that Lewis will strongly consider probating 
because of the backlog of six months to a year.

The state actually has a backlog of 7,000 drug cases, Rudzinski said. One 
motive for the move is Lewis' impending retirement.

"In anticipation of leaving, he's wanting to get through as many cases as 
possible," Wilson said. "There is little doubt that if they qualify, he 
will probate them."

Wilson said not all of those charged have been indicted by a Warren County 
grand jury.

"At this point my frustration with the lab is greater than with what Judge 
Lewis feels he must do," Wilson said. "The lab isn't getting results to us.

"We can't get results in a timely manner. Many of these people should be in 
jail, but it's hard without lab results," Wilson said. "If we can't get 
that crucial evidence, we can't proceed."

Rudzinski said the problem was created last year when five people in the 
drug division retired.

"We hired 10 people in October, but it takes six months or more to train 
them," she said. "We are expecting them to come on line next month."

As far as not cooperating with prosecutors on cases, Rudzinski said the lab 
tries to get the results out quickly for scheduled events if they call in 
advance.

"We can't get a call at 4 p.m. and then be ready the next day," she said.

The state also is trying to get prosecutors to use video testimony from lab 
scientists so they can spend more time in the lab and less time in court.

As for specifically responding to the situation in Warren County, Rudzinski 
said she would have to look at each case individually to see what the 
situation is.

Tom Porter, commander of the state crime lab, said each county has its own 
set of problems.

Wilson said Lewis, who could not be reached for comment, is moving cases 
through the system with criminals pleading guilty to felony offenses.

The crime lab deals with 40,000 cases a year - 80 percent from local 
agencies and 20 percent from state police.

The disciplines in the crime lab include solid dose drugs, DNA cases and 
DNA databases, arson, serology, toxicology, breath alcohol, firearm and 
tool marks and trace evidence.

Rudzinski said solid dose drug cases - where there is the biggest backlog - 
take about three to five months for results, but with the backlog, could 
take as long as six to eight months.

But with the new hires nearly ready, she said: "I think we have turned the 
corner on the backlog."
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MAP posted-by: Beth