OFFICIALS CONSIDERING PROBATING SENTENCES DUE TO LAB BACKLOG

Some Facing Drug Charges In Warren County Could Avoid Jail Time In Exchange
For Guilty Pleas

A backlog in the state's crime labs could mean that some people facing drug
charges in Warren County will receive probated sentences in exchange for
guilty pleas, according to Warren County Commonwealth's Attorney Steve
Wilson. Kentucky State Police spokeswoman Lt. Lisa Rudzinski said the state
is aware of the problems the backlog is creating, and the problems aren't
unique to Bowling Green.

Wilson said that, among cases pending before Warren County Circuit Judge
Tom Lewis, there are nearly 50 that Lewis will strongly consider probating
because of the backlog of six months to a year.

The state actually has a backlog of 7,000 drug cases, Rudzinski said. One
motive for the move is Lewis' impending retirement.

"In anticipation of leaving, he's wanting to get through as many cases as
possible," Wilson said. "There is little doubt that if they qualify, he
will probate them."

Wilson said not all of those charged have been indicted by a Warren County
grand jury.

"At this point my frustration with the lab is greater than with what Judge
Lewis feels he must do," Wilson said. "The lab isn't getting results to us.

"We can't get results in a timely manner. Many of these people should be in
jail, but it's hard without lab results," Wilson said. "If we can't get
that crucial evidence, we can't proceed."

Rudzinski said the problem was created last year when five people in the
drug division retired.

"We hired 10 people in October, but it takes six months or more to train
them," she said. "We are expecting them to come on line next month."

As far as not cooperating with prosecutors on cases, Rudzinski said the lab
tries to get the results out quickly for scheduled events if they call in
advance.

"We can't get a call at 4 p.m. and then be ready the next day," she said.

The state also is trying to get prosecutors to use video testimony from lab
scientists so they can spend more time in the lab and less time in court.

As for specifically responding to the situation in Warren County, Rudzinski
said she would have to look at each case individually to see what the
situation is.

Tom Porter, commander of the state crime lab, said each county has its own
set of problems.

Wilson said Lewis, who could not be reached for comment, is moving cases
through the system with criminals pleading guilty to felony offenses.

The crime lab deals with 40,000 cases a year - 80 percent from local
agencies and 20 percent from state police.

The disciplines in the crime lab include solid dose drugs, DNA cases and
DNA databases, arson, serology, toxicology, breath alcohol, firearm and
tool marks and trace evidence.

Rudzinski said solid dose drug cases - where there is the biggest backlog -
take about three to five months for results, but with the backlog, could
take as long as six to eight months.

But with the new hires nearly ready, she said: "I think we have turned the
corner on the backlog."