Pubdate: Sat, 09 Oct 2004
Source: Daily Press (VA)
Copyright: 2004 The Daily Press
Contact:  http://www.dailypress.com
Details: http://www.mapinc.org/media/585

REPORT - DRUG EVIDENCE PILING UP AT STATE FORENSIC LABS

NORFOLK, Va. -- A statewide surge in drug arrests and staffing
shortages in Virginia's four forensic laboratories have created a
massive evidence backlog and have caused some felony drug cases to be
dropped, police and prosecutors say.

Scientific analysis of drug evidence that normally would be completed
in 10 days was taking an average of 82 days at the end of August, Paul
B. Ferrara, director of the state's Division of Forensic Science, told
The Virginian-Pilot of Norfolk.

The backlog has stalled cases in general district courts, where
informal state guidelines set a goal of decisions on most matters
within 60 days of an arrest.

Last year, about 42,900 cases were referred to the labs, Ferrara said.
By this year's end, he expects a total of 47,140.

Ferrara attributes the increase to the success of drug task forces and
to the emergence of new "designer" drugs.

While the number of cases has grown, the staff of drug chemists has
shrunk to 33, with five vacant positions, he said.

Earlier this year, Ferrara used a federal grant to pay for eight weeks
of mandatory overtime for the chemists, in an attempt to whittle the
backlog. He also has attempted to have evidence analyzed based on
hearing dates. Both efforts have had only mild success.

Usually about 2,000 cases are pending at any given time. Now, there
are more than 11,000.

"Our backlog right now has never been this high. Ever," Ferrara said.
"There's limitations to what you can do in order to expedite drug
analysis. We've done everything."

In a letter to the Virginia Supreme Court, Ferrara suggested that
police and prosecutors try alternatives. One option is for police
officers to use approved field kits to test drug evidence. That
information is acceptable for preliminary hearings, but not for trials.

Field kits have worked in Norfolk and Virginia Beach, prosecutors say,
and Chesapeake has recently started using them temporarily.

"It's kind of a waste of manpower, but it is kind of necessary under
the circumstances," Randall D. Smith, Chesapeake's commonwealth's
attorney, told the newspaper.

In Portsmouth, late drug reports have caused charges in at least one
out of every five felony drug cases to be dropped, General District
Judge Morton V. Whitlow said.

Portsmouth Commonwealth's Attorney Earle C. Mobley said he plans to
subpoena the chemist if a drug report is not available on the trial
date.

"We're not going to lose cases because they can't get their work
done," Mobley said.

Ferrara said that five more chemists are in training, but they won't
be handling cases for another year. He is looking into reasons the
other chemists left, but he doesn't believe that salaries are an issue.

Drug chemists make between $40,799 and $73,000. The lab system employs
about 300 full-time and part-time workers overall, on a budget of
about $23 million.

There are also backlogs in analysis for DNA and firearms
evidence.

Ferrara said he hopes the situation will be under control by this time
next year.

"It took us some time to get into this mess," Ferrara said. "It's
going to take us some time to get out of it."
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MAP posted-by: Derek