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Meth ruled out in Neb. deputies’ sickening

Copyright 2006 The Omaha World-Herald Company

A laboratory error gave a false positive for one of two Sarpy employees

By JOE DEJKA
World-Herald

BELLVUE, Neb. — Two sheriff’s deputies were not poisoned with methamphetamine at a Papillion Applebee’s restaurant, after all.

Authorities announced today that an Omaha laboratory made a procedural error that gave a false positive for one deputy.

The other deputy had tested negative.

Investigators discovered the error after they had the deputies’ urine retested at a Minnesota lab, said Sarpy County Attorney Lee Polikov.

The Eastern Nebraska Forensic Lab of Omaha then confirmed that it had reported a false positive because of a prescribed medicine the deputy was taking, Polikov said.

An Applebee’s spokesman said the investigation, which hurt business and cast suspicion on employees, was an ordeal he is glad to see end.

“I think the headline here is Applebee’s is 100 percent vindicated,” said Rhodri McNee, vice president of operations for the franchise in the Omaha area.

McNee said an unspecified number of employees who had been placed on unpaid leave have been reinstated and reimbursed for the time that they weren’t paid.

The cause of the deputies’ illness remains unknown, said Sarpy County Sheriff Jeff Davis.

Sarpy County’s Major Case Investigations Team was activated to investigate a possible poisoning after the female, uniformed deputies experienced discomfort and became disoriented after eating lunch March 12 at the restaurant at 1202 N. Washington St.

The deputies are in good health and back at work. Their names were not released.

Polikov said the Omaha lab used an improper procedure to verify the results of its test. He said the lab has since changed its procedures.

Investigators asked for another test because some of the symptoms experienced by the deputies were inconsistent with methamphetamine use. The investigators sought the second test from MedTox Laboratories in Minnesota.

Jerry Smith, a chemist at Eastern Nebraska Forensic Lab, said the company is internally investigating the situation but declined to comment further.

Polikov said Sarpy County will continue to use the Omaha lab for substance testing. However, he said his office will initiate a review to ensure that the lab’s tests will be accurate in the future.

“We are going to go through a review to validate their ability to provide the service,” he said.

He said he doesn’t think any other criminal cases will be jeopardized, although he said he expects defense attorneys may be prompted to more vigorously challenge test results from the lab.

Davis said the deputies are relieved to know they did not ingest meth. He praised investigators for seeking the additional test.

“They made a great decision to take it to the next level,” he said.

He praised Applebee’s for its cooperation and acknowledged “the high cost Applebee’s and its associates have borne.”

“We deeply appreciate their remarkable patience and cooperation throughout the investigation,” Davis said.

Lloyd Hill, chairman and chief executive officer of Applebee’s International, released a statement praising Davis and his department for their professionalism and their concern.

“I understand and appreciate that the sheriff had an important investigation to conduct based on the information he had at the time,” Hill said. “We at Applebee’s are looking forward to getting back to doing what we do best -- providing all our guests with great food and great service.”