JUSTICE IS RUNNING LATE

When one of the cogs in the wheel of justice breaks down, it throws
the entire system out of whack. When the cog is as critical as the
state crime lab, the consequences can be far-reaching.

The lab is essential in getting at the truth in criminal cases - in
determining whether, for example, DNA samples link a suspect to a
crime, or whether a gun was involved in a shooting. In some cases lab
work is necessary to document whether a crime was committed - to
confirm that the white powder in a baggie seized by police is indeed
an illegal drug.

The five-fold growth in the backlog of drug cases at the state
forensics lab is throwing the judicial system off track. According to
Paul Ferrara, head of the Division of Forensic Science, the 10 days it
usually takes to complete analysis of drug evidence has stretched to
an average of 82 days. That's enough to disrupt general district
courts, where state guidelines call for decisions on most cases within
60 days. In Hampton, says Commonwealth's Attorney Linda Curtis, the
two-or three-month wait for lab results has created "a serious
problem." Prosecutors have to drop some cases in district court, then
indict in circuit court when lab results are ready.

Working around the lab adds to the workloads and expenses of other
parts of the judicial system, including prosecutors, court staff,
defendants and the police. That costs the public, and so does longer
incarceration for defendants who aren't out on bond, and the
additional appointment of defense attorneys when indigent defendants'
cases have to be moved to circuit court.

A combination of factors has driven the drug backlog to a record
11,000 cases compared with the usual 2,000. There's the increase in
drug interdiction, says Ferrara, as police departments and special
task forces are successful and the results of their efforts flood the
lab. There's some staff turnover, which is problematic when it takes a
year to get a new drug chemist fully trained. There's the effect of
the state budget cuts, which kept the lab from adding staff to respond
to the 18 percent growth in its drug caseload in the last four years.

Ultimately, it's Gov. Mark Warner's responsibility for making sure the
apparatus of the executive branch of state government works. When it
doesn't, and the effect reverberates through the state's judicial
system, it's up to him to make whatever adjustments are required to
solve the problem.

Instead of waiting until the next budget cycle, and delaying
improvement for many months, the governor should root around in every
corner of the administrative branch and find where a new hire could be
postponed or the purchase of new equipment delayed, and the resources
shifted to a higher priority.

And this is a good time for Warner to start on the job of making the
case - in his budget and through his visible leadership - for
increased funding for the crime lab, not just to handle the drug
workload but also to run harder at using DNA technology to reveal the
truth within old biological evidence. The argument will be more
persuasive to assembled budget makers if the Crime Commission,
commonwealth's attorneys, police chiefs, judges and trial lawyers add
their voices and insights.

Then, when the legislature convenes, it should find the money to add
the necessary capacity to the crime lab. Virginia simply has no other
choice. There's too much at stake to sidestep the obligation to
restore the effectiveness of this critical cog in the judicial system.