COURT'S DRUG CASES ON HOLD

DuPree Says He'll Propose Evidence Policy

Drug cases will no longer be tried in Hattiesburg City Court pending a
review of a policy that keeps evidence from being tested at the state Crime
Lab.

Under the policy, first reported by the Hattiesburg American last week,
defendants who know the system or have legal representation may get their
case thrown out because the city doesn't verify suspected contraband seized
during arrests. City officials say the Crime Lab tests cost too much for
them to be able to process the estimated 20 drug cases a month handled by
the court.

Hattiesburg Mayor Johnny DuPree said Monday he will have a recommendation
for a change in the court's policy for City Council members to review by
the next council meeting.

"I was unaware that this was the city court's policy," DuPree said. "We're
going to change that."

The policy became an issue after a city judge 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. He also said his client would have
been proven innocent of the charge even if the evidence had been sent off
for testing.

Under the court's policy, defendants can successfully challenge their
arrest on a drug charge simply by requesting an analysis of the contraband.
Since the court doesn't send the evidence for testing, judges have little
choice but to throw out the conviction.

City Attorney Charles Lawrence said he is reviewing the number of cases and
their outcomes before making a recommendation. Lawrence said he talked with
one other city which allowed defendants to waive the drug testing.

He said the city, which he did not name, charges a defendant extra fees if
the analysis is demanded to cover the costs.

Lawrence said he is also going to check and see if local labs could handle
the testing.

State Crime Lab employee Chris Wise said the lab charges $50 to conduct a
test on substances sent to his office. The price tag goes to $500 if an
expert from the lab is required to testify in court.

"We're going to look at a variety of options," Lawrence said.

City Councilman Red Bailey had called for the administration to investigate
the policy. "We need to be fair," Bailey said.

Nancy East, a spokeswoman for the Attorney General's Office, said the City
Court policy is wrong if defendants with attorneys are having misdemeanor
drug charges dismissed, while those without attorneys are pleading guilty
because they were unaware their cases could get the same treatment.