MARIJUANA CASES REMAIN ON HOLD IN CITY COURT

Drug Testing Proposal Not Yet Complete

Prosecution of marijuana cases remains on hold in Hattiesburg City Court
while city officials complete a proposal calling for defendants to pay for
drug testing.

Hattiesburg City Attorney Charles Lawrence said his meeting last week with
a representative of the state Crime Lab and the University of Southern
Mississippi was delayed when the lab personnel had to cancel because of
sickness.

Lawrence said he expects that the Hattiesburg City Council will approve
adding a waiver to the procedure that advises defendants that they have the
right to have the suspected drugs tested.

"I would certainly hope the city would have its ducks in a row by
December," said Councilman Red Bailey said. "If we are holding back on
these cases, then with the numbers I've seen we can get into a huge
backlog. I don't want to see that happen."

Until Nov. 4, when Hattiesburg Mayor Johnny DuPree ordered prosecution of
the misdemeanor drug arrests on hold, the court routinely accepted guilty
pleas from most defendants and dismissed or reduced charges from others who
had attorneys.

The court practice was first reported by the Hattiesburg American in early
November after the newspaper learned that misdemeanor drug charges against
David Wynn II, 23, son of Hattiesburg Police Chief David Wynn, had been
dismissed after his attorney questioned whether the substance seized had
been tested.

Lawrence said the drugs seized in misdemeanor cases are not tested because
of the cost. The state Crime Lab charges $50 to test a substance and $500
if testimony is needed.

Lawrence said he expects to have defendants who question the substance to
pay for the testing if they are found guilty.