CRIME LAB COULD BE HELD IN CONTEMPT

Graves judge wants results of evidence tests in 90 days

A judge has warned the director of the Western Kentucky Crime Lab in
Madisonville that he will hold the facility in contempt if it fails to
provide test results within 90 days of receiving evidence in new criminal
cases.

Frustrated by a backlog of a year or longer in dozens of drug cases, Graves
Circuit Judge John T. Daughaday said testing delays are caused by poor
allocation of money and are severely affecting the administration of justice
in Graves County.

State lab officials have cited a shortfall in funding and the departure of
workers who seek better pay in the private sector for the testing delays in
the regional lab system. Officials say that they are hiring more lab
technicians and chemists, but that it takes six months to train them.

IN AN INTERVIEW yesterday, however, Daughaday characterized the complaints
about a lack of money as "crap" and "a bunch of bull." If the state is
strapped for funds, he suggested redirecting money from the salaries paid to
principal assistants working in state government - political appointees with
no set job description.

"People are becoming incensed (the state) is paying that kind of money and
they can't put money in a lab to do the tests," he said.

Daughaday issued his warning at a hearing Tuesday. Afterward, Commonwealth's
Attorney David Hargrove said the Madisonville lab, which serves 32 counties
in Western Kentucky, delivered the results of 19 tests.

Daughaday ordered the lab to produce results in 50 more cases within 90
days.

But Kentucky State Police spokeswoman Lisa Rudzinski said lab officials
don't intend to abruptly drop work on cases in other counties just to comply
with Daughaday's order.

"We have to ask ourselves, `Is it fair to jeopardize cases from another
county just to do these cases?'" she said. "There has got to be a better
solution than threatening to fine us or put us in jail."

Rudzinski also said state police don't have the money to send some of the
backlog to a private lab, where results can be obtained in as little as
three weeks. "There is no quick fix," she said. "The backlog was not created
overnight, and we can't get it down overnight."

Hargrove, who has handled 14 murder cases in three years and dozens of
methamphetamine and cocaine cases, said the delays in getting evidence
tested are agonizing.

"It has a domino effect," he said. "If one case is delayed, then it delays
the case behind it. You can't do anything. It drives the case to a halt."

Hargrove estimated that six to eight cases have been dismissed.

Daughaday said as many as 20 cases have been dropped. "Even though the
prosecutor can bring the charge back, a lot of times witnesses and
confidential informants cannot be found," he said.

Initially, Hargrove said, defendants were willing to agree to delays, but
now they know their cases will be dismissed without evidence and fewer and
fewer are willing to accept a continuance.

He said he has asked the Prosecutor's Advisory Council for state funding to
get a private lab to perform tests to speed the process along, but those
resources are limited.

Hargrove said Daughaday's order requires him to certify to the judge the day
he submits evidence to the lab to begin the 90-day timetable.

Daughaday pledged to impose a $100-a-day fine if the lab violates his
timetable.

McCRACKEN CIRCUIT Judge Jeff Hines said one solution to resolving the
backlog is to prioritize cases by the seriousness of the offense until the
labs are back at full strength, instead of jailing or fining lab personnel.

"They won't be doing any testing if they are in jail, and they will not be
doing any testing if they are on the road to see us," he said.

Chief Western Regional Circuit Judge Will Shadoan of Wickliffe said he also
is troubled by lab delays throughout the region and supports what Daughaday
did.

"Sometimes you've got to get the attention of the state people with a
hammer, and that's what John has done," Shadoan said.