POLICE LAB WORKERS PUT ON LEAVE

U.S. Attorney, FBI Investigate Drug Testing Discrepancy

An internal affairs investigation has uncovered a drug testing discrepancy
at the troubled State Police lab, Public Safety Secretary Joe Martin said.

State Police Superintendent Howard Hill said he has put two lab workers on
leave in connection with the incident.

The U.S. Attorney's Office and the FBI have been asked to review the case
to determine whether criminal charges are in order.

Martin and Hill announced the situation Tuesday at the Capitol. Martin said
he believed the discrepancy was an isolated incident.

"Neither (Hill) nor I intend to permit such mistakes or unprofessional work
to take place in our drug laboratory now or in the future," he said.

The State Police lab's reputation has been tarnished over the years by two
high-profile cases involving inaccurate test results.

Chemist Fred Zain, who headed the State Police serology lab from 1986 to
1989, was found to have fabricated tests results. Prosecutors across West
Virginia relied on Zain's work.

Drug lab chemist Todd Owen McDaniel pleaded guilty to mail fraud. He sent a
falsified lab report on suspected marijuana back to the Hamlin State Police
detachment in 1998.

Hill said that the circumstances surrounding the discrepancy recently
uncovered at the lab still were under investigation.

"I'm upset as superintendent of State Police that this has happened again,"
Hill said.

Hill said he had placed Capt. Rick Theis, head of the crime lab, and Sgt.
Tim White on leave. The results of the test in question, which White
performed, were not used in any prosecution, he said.

"The two individuals are the people who I feel are responsible so I put
them on administrative leave until whatever action comes out of the
investigation," he said.

Hill acknowledged he appointed Theis to head the lab and put him in charge
of avoiding this sort of problem.

"I think the lab will be all right," Hill said. "It's just a matter that I
have to make sure that the people I have to give me the information -- I
trust those people to pass that information up to me -- that I'll have to
re-look and evaluate where I am as far as my administration goes."

Hill said the State Police would have an independent lab double-check all
the tests performed by White during a 90-day period from April to July 2001.

Martin said the American Society of Crime Laboratory Directors has been
asked to send an independent examiner to spot check all other drug lab cases.

"One of the most important missions we have at the Department of Military
Affairs and Public Safety and at the State Police is to make sure the
public trusts the men and women who wear our State Police uniforms," Martin
said.

Hill said he had just become aware of the internal affairs investigation
into the discrepancy days ago.

"Why go public? The last thing I want to do is to appear that I've got
something that I want to cover up," Hill said.

Hill said that despite the lab's problems, it was not practical to remove
it from the control of the State Police.

Amy Shuler Goodwin, spokeswoman for Gov. Bob Wise, said she had not talked
to the governor about the situation at the State Police lab.