DRUG TEST POLICY UNDER REVIEW

Defendants May Be Forced To Pay For Analysis Costs

At a glance

Misdemeanor drug possession arrests, 1999 through September 2003.

1999: 335

2000: 326

2001: 350

2002: 276

Through the end of September: 294 Source: Hattiesburg Police Department

Drug cases may have been placed on hold in Hattiesburg's City Court, but
officers say the arrests of those with suspected contraband continue.

"Our work on the streets has not changed," said Hattiesburg police
spokesman Sgt. David Morgan. "Any issue with the court does not affect our
enforcement of the laws."

For the first nine months of the year, Hattiesburg police officers made 276
misdemeanor drug arrests. Those cases are handled by City Court, which is
under scrutiny for its policy of not sending drug evidence for testing.

Hattiesburg Mayor Johnny DuPree ordered action on all drug cases before the
court delayed last week after a Hattiesburg American report found lawyers
were able to get their clients off by demanding drug evidence be sent to
the crime lab for analysis. City Attorney Charles Lawrence said the tests
cost too much, and as a result cases can be thrown out.

Lawrence is researching the issue and says he's looking at whether the drug
tests can be conducted locally, or if defendants can be forced to pay for
the testing.

State Crime Lab officials have said they charge $50 for testing drug
samples. It could cost $500 if a technician from the lab testifies in court.

Lawrence expects to present new procedures to the City Council for approval
Monday.

The Hattiesburg American first reported on the questionable policy after
City Judge Win Pittman on Oct. 21 dropped a misdemeanor drug possession
charge against David Wynn II, 23, son of Hattiesburg Police Chief David
Wynn. Wynn II's attorney, Glenn White, challenged the case because the city
did not test the drugs. While his client got off on the technicality, White
said he was ready to prove Wynn II's innocence.

Lawrence said he has talked with other cities that pass the testing costs
on to those accused of drug crimes.

Assistant State Attorney General David Scott said defendants who are guilty
can be required to pay the cost of testing. Those who are innocent cannot
be forced to pay the testing costs.

"Under the law, the prosecution has to prove what they are charging," Scott
said. "They have to prove that a crime was committed."

Scott said if a defendant pleads guilty, no evidence is needed.

"But if they don't plead guilty and want a trial, then it's incumbent upon
prosecutors to prove their case," Scott said.

Statistics were not available on the disposition of the cases in city court
or the amount of fines collected.

At least two Mississippi cities have their own laboratories: Jackson and
Tupelo.

"We do test all drugs that are seized whether they are misdemeanor or
felony arrests," said Alisha Waldrup, director of Tupelo's police lab.

But Waldrup said she knows that communities around Tupelo, without lab
facilities, do not test misdemeanor drugs.

She said the city opened the lab in 1991. Waldrup said costs are included
in the police budget and she did not have a breakdown on annual operations.
The lab employs two people.

Waldrup said it is costly to equip a lab to test the contraband. The most
expensive piece of equipment used by her lab costs about $84,000.

In Meridian, drugs are turned over to a narcotics unit where a test kit is
used, said Marlene Williamson, a DUI case worker for the Meridian Police
Department.

Williamson said the defendants are not charged for the tests done by officer.

"If they question their arrest and want a blood test, they have to have it
done at their cost," she said. Williamson said there is a state Crime Lab
in Meridian which makes it easier to get testing done.

Hattiesburg City Council President Carter Carroll said he wants the new
policy to be fair.

"Obviously people who went to court and could not afford an attorney were
not getting the same benefits as someone with an attorney," Carroll said.
"We need equity under the law for no matter who you are."