CITY COPS AVOID DRUG TESTS THAT OTHERS MUST TAKE

While city of Madison employees who drive heavy machinery and buses
are subject to random drug testing, those charged with protecting the
public are not, which may factor into why a Madison police detective
was able to check out heroin from the Police Department's evidence
room at least 10 times.

Despite the fact that several firefighters were fired for drug use in
the aftermath of a federal raid in 1999 on the now-defunct Jocko's
bar downtown, police and fire unions have succeeded in avoiding
random drug testing, said Brad Wirtz, Madison human resources director.

Most other city workers are not required to take random drug tests,
and police and fire employees often operate machinery as heavy as
that used by those who are required to undergo such tests.

But according to Dane County Sheriff Dave Mahoney, it's not unusual
for police officers to be spared random testing, even though many
people in the private sector are subjected to it.

"I don't know of a law enforcement agency in Dane County that does
drug testing," he said, adding that few, if any, departments in the
state require it.

He attributed the lack of testing to a "philosophical belief" that
"there is an expectation that they're never under the influence of
drugs obtained illegally or under the influence of alcohol when
coming to work."

A former union president, Mahoney said testing is only done when
there is a suspicion of drug or alcohol use, and that in the time
since 1994 when he became involved with the union, no one has ever
tested positive for drugs, though there have been instances of alcohol abuse.

Wirtz said of the testing of police officers and firefighters: "It
doesn't happen very often, a handful of cases every year -- maybe a couple."

Detective Jeffery Hughes, 39, has been in critical condition since
Nov. 20, when his car abruptly veered into a guard rail on Interstate
39-90 and flipped, throwing him from the vehicle. He had earlier
removed heroin from the Police Department's evidence room.

The criminal investigation into the matter has been turned over to
the Dane County Sheriff's Office.

Court documents related to search warrants unsealed late last week
indicate that his condition is "pretty bleak," and that if he
survives he will potentially suffer "diminished capacities."

Mahoney said today that Hughes remained in an induced coma, but "he
is improving."

The crash happened after Hughes had checked out 4.8 grams of heroin
from the police property room before he left work and headed toward
his home in Milton.

The drugs had been tested and had been slated for destruction, and
Hughes had no direct involvement in the case, according to court
documents. He also had no direct involvement in "the majority of" the
cases resulting in the confiscation of heroin that Hughes allegedly
checked out of the property room.

"We're looking at all the elements relating to a criminal
investigation, not only the accident, but also including any on-duty
behavior that involved obtaining drugs," Mahoney said.

Mahoney said investigators are looking at how Hughes was able to
obtain the heroin when there were apparently warning signs that he
had a drug problem.

An evidence clerk gave Hughes the drugs prior to the crash despite
several reservations: He had no involvement in the case; he was not a
member of the Dane County Narcotics and Gang Task Force; and he
filled out the request for the drugs with the reason being he wanted
to have them tested, despite that fact that they'd already been tested.

Perhaps more perplexing, the clerk handed over the drugs when Hughes
appeared to be in a "daze" and appeared "high."

Mahoney, citing the ongoing investigation, would not say if the clerk
notified superiors about her concerns.

"Ultimately that will come out," he said.

New procedures

Madison police officials have revised procedures for the evidence
room checkouts to include the requirement that officers removing
money, firearms, drugs and items of high value obtain authorization
from a superior officer.

The department is in the process of conducting an internal
investigation into evidence room policies and procedures that allowed
Hughes to obtain the drugs on so many occasions, Mahoney said.

Mahoney said the criminal investigation is awaiting numerous lab
tests, including a test to find out if Hughes had drugs in his system
at the time of the crash.

The heroin was found inside his 1999 Acura, minus 0.4 grams, along
with a plastic tube that could have been used to snort the drug. The
drugs themselves are also being analyzed.

Mahoney said the investigation is moving slowly because of the wait
for lab results and the inability to interview Hughes.

"He's also represented (by an attorney), so I don't know if we're
going to be able to interview him," he said.

Mahoney said detectives are also looking at the possibility that
Hughes, who had a history of suffering crippling headaches, was using
the drugs for pain relief.

But he added, "If he was using the drugs for a medical condition,
it's still unacceptable for a police officer."