PROSECUTORS WANT CRIME LAB SOLUTIONS - State Police Unit Still Has Problems

(06/23/2003)
West Virginia's prosecutors are not happy about the West Virginia State Police crime lab. They are seeking solutions to the problems, according to Putnam County prosecutor Mark Sorsaia, who heads a committee with the West Virginia Prosecutors Institute.

The Institute has created a special panel to help resolve long-standing problems such as backlogged cases and errors.

A report said the situation reportedly allowed one murder suspect to remain free an extra year.

Mark Sorsaia says the group has pinpointed ways to make the lab more efficient, including being more selective about what evidence is tested. He says the lab also needs better equipment, more staff and higher salaries.

West Virginia's most notorious crime lab case involved former State Police serology director Fred Zain, whose work was discredited by the state Supreme Court in 1993. Six men were freed from prison after reviews showed Zain's work was not correct. Major lawsuits followed the discovery.

More recently the department's tests were apparently flawed or results of tests were not forwarded to the appropriate agency. In one case, the results never left the lab, according to Fairmont attorney Terri Tichenor.

In January 2001, a civilian lab tech Todd Owen McDaniel plead guilty to federal changes after he apparently lied about having performed tests on drug evidence, and the federal government took over the lab for a period of time. Later, charges were brought against a state police officer who fingered McDaniel.

In February 2002, the State Police fired everyone in the drug testing section.

Despite the problems, the lab is certified by the Society of Crime Laboratory Directors.

Some legal experts believe the State Police should not be operating a crime lab, based on conflict of interest. The police have a vested interested in charging and convicting individuals.

The State Police have numerous cases where people were wrongly charged on evidence, or were sent to prison when they were not guilty.