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Monday, July 05, 2010
Ind. Gov't. - "Probe of ex-toxicology chief likely"
Mark Alesia and Tim Evans of the Indianapolis Star have a lengthy, front-page story today continuing a series of Star stories on (For background, start with this ILB entry from June 12, 2010.) Some quotes:
The contract ended up going to the only other company that submitted a bid in a process that former toxicology Director Michael Wagner -- who resigned in May -- controlled unchallenged, an Indianapolis Star investigation found.The way in which Wagner spent taxpayer money appears headed toward an investigation by the state's inspector general. But whether anything illegal happened, the process raises questions about leadership and oversight by the Indiana University School of Medicine, which by law runs the Toxicology Department, whose main responsibilities are the testing of blood samples in drunken-driving cases and the training of police on breath-alcohol testing equipment.
It also is more evidence for those who want the lab taken away from IU, which was the recent recommendation by an "assessment team" that included two state legislators and a former judge.
Although IU says it is making progress to improve the toxicology lab, significant damage has been done, prosecutors say. The Toxicology Department has frustrated prosecutors with slow turnarounds on blood test results, little or no communication and a lack of training for breath-test operators.
"Things have never been worse," Steve Johnson, executive director of the Indiana Prosecuting Attorneys Council, said in a March meeting of the Governor's Council on Impaired and Dangerous Driving.
Taxpayers, meanwhile, continue in effect to pay for Wagner's purchase. The breath analysis machines bought from the winning bidder -- Intoximeters -- were placed in storage unused in October and won't begin to be implemented for at least five more months. They won't be in full use for at least a year. Until then, it costs the state $670 a month to store them.
Taxpayers also continue to pay for Wagner. Though he resigned as head of the Toxicology Department, he remains on IU's faculty. An IU spokeswoman said she didn't know whether his salary of $155,000 changed after the resignation.
Taxpayers also are covering the services of former Marion County Prosecutor and Public Safety Director Scott Newman, hired by IU as a consultant to help implement the machines Wagner bought.
The machines are used at police stations to take readings for use in court, as opposed to breath tests administered in the field.
Adopting new machines requires changes in police protocol that must be written into the administrative code. Wagner apparently hadn't started that process. There is also the need to train operators statewide on the new machines.
Prosecutors and the Toxicology Department also can expect to spend time fighting challenges from defense attorneys, who will try to attack the new machines from every angle. That's especially likely in light of Wagner's resignation.
Posted by Marcia Oddi on July 5, 2010 09:47 AM
Posted to Indiana Government