Pubdate: Wed, 19 Dec 2007
Source: Wisconsin State Journal (WI)
Copyright: 2007 Madison Newspapers, Inc.
Contact:  http://www.madison.com/wsj/
Details: http://www.mapinc.org/media/506
Author: Karen Rivedal

MISSING DOPE SPARKS TOUGHER POLICE EVIDENCE-ROOM RULES

The Madison Police Department has put in place new procedures for the 
police property room, after a Madison detective seriously injured in a car 
crash allegedly removed heroin from the property room on several occasions 
under questionable circumstances, officials said today.

"The immediate changes ... are designed to make the system more proactive, 
while maintaining the integrity already built into the existing chain of 
custody procedures," Chief Noble Wray and other leaders said in a statement.

The primary change is a requirement that any officer seeking release of 
sensitive evidence such as drugs, firearms or weapons from the property 
room must have a supervisor's signature on the request form.

The changes were made without fanfare on Nov. 28, a little more than a week 
after Madison Detective Jeffery Hughes crashed his car while off-duty.

Investigators found a ripped-open evidence bag of heroin, with some of the 
drug missing, and other drug-related materials at the crash scene near 
Edgerton.

Police records show that Hughes, 39, of Milton received that bag of heroin 
from the property room hours before the Nov. 20 crash, saying he needed the 
drugs for "testing." Hughes' request that day and on at least 10 prior 
occasions raised red flags, police said.

He usually was not the primary detective assigned to the cases for which he 
received the evidence, and the drugs he requested often already had been 
tested and in some cases had been slated to be destroyed.

On the day of his crash, Hughes appeared "dazed" and "high" when he 
requested the drugs, according to the property room clerk on duty that day, 
court records say.

Today's statement does not address whether property room clerks, who are 
civilians, can deny requests from officers, nor does it indicate whether 
clerks are required to report suspicious behavior to supervisors.

It's not clear whether the clerk who released the heroin to Hughes on Nov. 
20 reported her concerns before she was interviewed by a Dane County 
sheriff's deputy three days later.

Also unclear is what the procedure is for re-checking evidence returned by 
officers and whether any periodic checks are done to monitor the status of 
removed evidence. It does not appear that Hughes' prior removals of drugs 
were noticed until after records were checked following his crash.

In their statement, the officials say the system is designed "to thoroughly 
document the chain of custody" of evidence, and that the property room 
"provides a good, accountable, tracking system."

"A paper trail exists for all occasions when property is moved and clerks 
are able to ascertain where evidence is at any point in time," the 
statement said.

The statement also says there can be good reasons for an officer to request 
temporary release of evidence from the property room, such as for 
"photographing, processing and testing."

Items also may be needed in court to serve as a visual exhibit and may be 
needed for witnesses and prosecutors to see at other times.

Police said evidence marked for destruction also can still be needed by 
investigators, such as when new drug evidence must be compared to old evidence.

The statement said police are continuing their assessment of all property 
room and evidence procedures and that more changes may be made.

"The goal is to protect the integrity of evidence and to provide a system 
for which the public will have the highest confidence and trust," the 
statement said.

Police also said that Wray will speak publicly about the case involving 
Hughes after the Dane County Sheriff's Office finishes its criminal 
investigation. Sheriff Dave Mahoney today said he could not say when that 
would be, noting he was waiting for drugs tests to be completed on Hughes' 
blood, among other things.

On the day of the crash, Hughes was thrown from the car and he remains in 
critical condition in an induced coma at UW Hospital, Mahoney said. Police 
have not been able to talk to him.
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