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An internal affairs
investigation has uncovered a drug testing discrepancy at the troubled State
Police lab, Public Safety Secretary Joe Martin said
today.
State Police Superintendent Howard Hill
said he has put two lab workers on leave in connection with the incident.
The U.S. Attorney's Office and the FBI
have been asked to review the case to determine whether criminal charges are in
order.
Martin and Hill announced the situation
today at the Capitol. Martin said he believed the discrepancy was an isolated
incident.
"Neither ( Hill ) nor I intend to permit
such mistakes or unprofessional work to take place in our drug laboratory now or
in the future," he said.
The State Police lab's reputation has been
tarnished over the years by two high-profile cases involving inaccurate test
results.
Chemist Fred Zain, who headed the State
Police serology lab from 1986 to 1989, was found to have fabricated tests
results. Prosecutors across West Virginia relied on Zain's work.
Drug lab chemist Todd Owen McDaniel
pleaded guilty to mail fraud. He sent a falsified lab report on suspected
marijuana back to the Hamlin State Police detachment in 1998.
Hill said that the circumstances
surrounding the discrepancy recently uncovered at the lab still were under
investigation.
"I'm upset as superintendent of State
Police that this has happened again," Hill said.
Hill said he had placed Capt. Rick Theis,
head of the crime lab, and Sgt. Tim White on leave.
"The two individuals are the people who I
feel are responsible so I put them on administrative leave until whatever action
comes out of the investigation," he said.
Hill acknowledged he appointed Theis to
head the lab and put him in charge of avoiding this sort of problem.
"I think the lab will be all right," Hill
said. "It's just a matter that I have to make sure that the people I have to
give me the information -- I trust those people to pass that information up to
me -- that I'll have to re-look and evaluate where I am as far as my
administration goes."
Hill said the State Police would have an
independent lab double-check all the tests performed by White during a 90-day
period from April to July 2001.
Martin said the American Society of Crime
Laboratory Directors has been asked to send an independent examiner to spot
check all other drug lab cases.
"One of the most important missions we
have at the Department of Military Affairs and Public Safety and at the State
Police is to make sure the public trusts the men and women who wear our State
Police uniforms," Martin said.
Hill said he had just become aware of the
internal affairs investigation into the discrepancy days ago.
"Why go public? The last thing I want to
do is to appear that I've got something that I want to cover up," Hill said.
Hill said that despite the lab's problems,
it was not practical to remove it from the control of the State Police.
Amy Shuler Goodwin, spokeswoman for Gov.
Bob Wise, said she had not talked to the governor about the situation at the
State Police lab.
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