COURT'S EVIDENCE POLICY MAY COME UNDER REVIEW

Costs Too Great for City to Submit Drugs for Tests

A Hattiesburg City Court policy of not sending drugs to the state Crime Lab
for analysis may be a bad policy, an official with the state Attorney
General's Office said.

And a Hattiesburg City Councilman said he plans to ask Mayor Johnny DuPree
for an investigation of the court's policy during a Monday City Council
meeting.

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.

The court's policy is not to send any drugs seized in misdemeanor drug
arrests to the state Crime Lab for analysis, according to City Attorney
Charles Lawrence. Defendants can successfully challenge their arrest on a
drug charge simply by requesting an analysis of the contraband.

The primary reason for the policy is the cost involved.

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.

The lab tests about 10,000 drug samples annually, and it takes about two
months to complete one test, Wise said.

The court's policy was first disclosed Thursday by the Hattiesburg
American. Ward 4 Councilman Red Bailey said he's concerned about the
message the policy sends.

"If this is what is occurring, we need to ask that this practice be
changed," Bailey said. "We need a level playing field. This may not be
legally wrong, but it's not morally right or fair to people."

The issue came to light last week after David Wynn II's misdemeanor
marijuana possession charges were dismissed when his attorney Glenn White
challenged the city's claims that the drugs were in fact marijuana.

"We need to have one set of rules that apply to everyone," he said.

White, who was prepared to introduce evidence he said would show Wynn's
innocence, defended the city's policy. Wynn is the son of Hattiesburg
Police Chief David Wynn and Bailey earlier questioned why the charges were
dismissed.

"This is the way other municipal courts I'm aware of handle this," White
said. "It's too expensive to send off drugs for testing in misdemeanor
arrests."

Ward 5 Councilman Henry Naylor said if there is a question about the
court's fairness, then it needs to be reviewed.

"If there are fairness issues, we certainly need to look at those," Naylor
said.

DuPree could not be reached for comment on whether he would review the
policy, but Lawrence defended the policy of not sending off samples of
drugs, and not informing defendants of the policy.

Lawrence said the fine for drug possession in city court is $463 and that
city judges rely on field tests and testimony from officers.

"Most people who come to city court don't have an attorney, but if they do
have one and they question whether the drugs have been tested, then it has
to be excluded," Lawrence said.

Lawrence said he does not know how long the policy has been in effect.

Lawrence estimated about 20 misdemeanor drug arrests are handled tin City
Courts each month.

Lawrence said the policy is fair because every defendant has the same right
to hire counsel.

Defendants in City Court do not have access to public defenders. Defendants
accused of felonies can retain a public defender if their case comes before
Circuit Court.

"When you represent yourself you are serving in the role as an attorney and
you have the same responsibilities as an attorney would to know the law,"
Lawrence said.

Hattiesburg lawyer Rex Jones said if the city is going to charge people and
take then to court, then they ought to make sure the drugs are tested.

"Otherwise, you don't have a crime," Jones said. "This is not really a very
fair process. They ought to tell people up front their policy."

But White said it's like a person who decides to treat a foot wound instead
of going to a doctor.

"If you lose the foot, you can't blame the doctor," White said. "If you
decide not to hire an attorney, you can't blame the court"