LAG GREATER SINCE POLICE SWITCHED LABS

Prosecutors Delay Cases While Awaiting Tests

Officials expected more delays in prosecuting some drug- and
alcohol-related crimes when the Joplin Police Department began sending
evidence to the Missouri State Highway Patrol's crime laboratory.

Joplin police Chief Kevin Lindsey and city prosecutor Dan Bagley say that
lag has materialized, but that, so far, it has not led to the release of
someone who should be behind bars.

In November, Joplin opted to stop paying an annual bill to the crime lab at
Missouri Southern State University in Joplin and began sending its evidence
to the state's free crime lab system. Alcohol and drug tests are performed
at a satellite lab in Springfield while other evidence is sent to the
patrol's main facility in Jefferson City.

Even before Joplin began sending its cases, patrol leaders said the
Springfield lab was overwhelmed with cases backlogged for several months.

Lindsey said Thursday that when Joplin switched labs, he anticipated an
increase in the amount of time between when his officers submit evidence
for testing and when the results are known.

"Unfortunately, it is not a positive outcome but it is an expected
outcome," Lindsey said.

Bagley said that the wait for some drug and alcohol evidence, which was
three to six months at the MSSU lab, is now between six to nine month with
the Springfield facility.

"It seems like it is taking significantly longer," Bagley said.

The delay, they say, is an estimate. The city hasn't tracked the lengths of
time it takes cases to move through the system since making the switch in
November.

Misdemeanor drug and alcohol cases are prosecuted in Joplin's municipal
court while felony cases are forwarded to county prosecutor Dean Dankelson.

Bagley, the city prosecutor, said he handles the city's cases including
driving under the influence, possession of marijuana, and possession of
drug paraphernalia.

Bagley said he will file charges immediately after an officer conducts a
positive field test on marijuana, even if it may be several months before
the final results are back.

In four years as city prosecutor, Bagley said he has never needed lab
results on marijuana cases. He said suspects charged in those cases usually
do not go to trial, but instead, enter into plea agreements.

However, Bagley said, he does need urine samples for DUI cases. He says he
will file charges and then ask the municipal judge for continuances as needed.

"I don't think there is a problem now," Bagley said, "but if it gets to
where it is over a year to get results back, then I think that our
municipal judges may have a problem."

Jim Murray, president of the Jasper and Newton County Mothers Against Drunk
Driving chapter, said he wasn't concerned about the delay because of the
relatively few number of drunken-driving cases which require blood or urine
testing. Most DUI arrests, he said, are made after officers perform
breathalyzer tests, which are immediately available and accepted in court.

Lindsey said that Dankelson, the county prosecutor, told the department
that he will not file felony charges until lab results are back. Dankelson
was out-of-town and unavailable for comment late last week.

"I agree with the prosecutor's office," Lindsey said. "I think it is a
sound policy."

Lindsey said that police officers arrest suspects even though the test
results won't be available for several months. They are taken to the jail,
their photos are taken, and then, unless they face other charges, they are
released, Lindsey said. They are later sent a summons to appear in court. A
warrant will be issued if they fail to appear, he said.

The delays, Lindsey said, only apply to drug and alcohol cases. Evidence,
such as fingerprints, collected in other cases is sent to the patrol's
Jefferson City laboratory and is returned immediately.

Joplin Mayor Phil Stinnett said that the council will continue to watch the
delay and would consider making a change if officials indicated that tests
were taking too long.

"I think the City Council will want to continue to monitor the situation,"
Stinnett said. "(Switching labs) is not something they really wanted to do
but the change occurred because of budgetary constraints."

Stinnett said that the city would consider returning to the MSSU lab if it
was financially feasible.

"We would prefer to deal locally," Stinnett said.