Oct 5, 2007 1:40 pm US/Eastern
Fallen Firefighters' Death Benefits In Question
Governor 'Open' To Random Firefighter Drug Tests
BOSTON (WBZ) ―
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Boston firefighters Warren Payne (left) and Paul Cahill were killed in the line of duty on August 29.
CBS
The death benefits for two fallen Boston firefighters are now in question, after autopsy reports showed one had alcohol in his system, the other traces of drugs. Massachusetts Governor Deval Patrick is also weighing in on the possibility of mandatory, random statewide drug tests for firefighters.
Patrick says he is open to the idea of mandatory, random statewide drug and alcohol testing for firefighters. This comes as the death benefits for the fallen firefighters come into question.
Random testing policies do not exist in any Massachusetts fire departments. Most police departments in the state do implement random testing for drugs.
Autopsies found that Paul Cahill and Warren Payne died from smoke inhalation and burns. WBZ has learned that toxicology reports show Cahill had a blood-alcohol level of .27 when he responded to the fire at the Tai Ho Mandarin and Cantonese Restaurant on August 29.
WBZ also learned that the reports suggest Payne had cocaine in his system at the time.
Mayor Tom Menino is calling for a sweeping investigation of department policies and procedures, including drug and alcohol testing policies.
Also in question now is the $300,000 in federal death benefits paid to the families of firefighters killed in the line of duty.
Under the federal policy, benefits will not be paid if a firefighter was "voluntarily intoxicated at the time of death," defined as a blood alcohol level higher than .20.
Death benefits can also be denied if illegal drugs are present in the system.
WBZ spoke with Warren Payne's brother, Donald Payne, about the autopsy reports. For him, the memory of his brother now has a devastating footnote.
"I want people to remember him and Mr. Cahill as men that saved lives and helped people," he said. "Don't forget that these guys combined had been firemen for 35 years. These gentlemen saved lives in those years."
The Boston Firefighters Union is outraged at the release of the autopsy reports.
"Under Massachusetts general law, the only people authorized to access the results of an autopsy are the immediate family or the next of kin," Firefighter Union President Ed Kelly said in a written statement.
"Whoever released the autopsy reports did so illegally, and we demand that a criminal investigation be convened immediately."
The Boston Fire Department has not commented on the report.
In an exclusive WBZ Fast Track poll, 80 percent of residents who were asked if firefighters should be required to undergo random testing for drug and alcohol use said "yes."
Governor Deval Patrick is also considering random drug testing in the department, but his thoughts remain with the families.
"Let things settle down with the families. I think we owe them that. That's a gesture of basic decency," Patrick said. "On the policy question, I'm open to it, of course."
Since January, 42 Boston firefighters have been tested for drug use, and three have resigned as a result of those tests.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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