Govt.  Settles FBI Lab Documents Suit

By Michael J.  Sniffen
Associated Press Writer
Thursday , July 6, 2000

WASHINGTON –– The Justice Department agreed Thursday to pay
$355,000 in legal fees to settle a lawsuit brought by defense
lawyers and a whistleblower for release of documents from its
investigation of the FBI crime lab, a government spokesman and a
plaintiff said.

And more than 53,000 pages of documents from the department's
internal investigation of the world-renowned FBI lab will be
posted on the Internet for the public to read and defense lawyers
to comb for possible evidence of government errors that might
benefit their clients.

The government agreed that it would not charge the plaintiffs –
the National Association of Criminal Defense Lawyers, freelance
writer and former NACDL spokesman Jack King and FBI lab
whistleblower Frederic Whitehurst – for the 53,000 pages of
documents already released in the case.

In an unusual element, the government also agreed that the
Justice Department inspector general's website will provide an
Internet link to the plaintiffs' website containing the
documents.

The link will be posted within the next 90 days at the site:
http://www.usdoj.gov/oig.igspecr1.htm.

The Associated Press obtained a copy of the settlement, which was
filed after hours with the U.S.  District Court.

Spurred by the allegations of Whitehurst, a lab chemist,
Inspector General Michael Bromwich investigated the
world-renowned crime lab for 18 months.  In 1997, Bromwich
blasted the FBI facility for flawed scientific work and
inaccurate, pro-prosecution testimony in major cases including
the Oklahoma City bombing.  Five lab agents were recommended for
discipline.

King said he believed the $355,000 that the government will pay
in fees for the plaintiffs' lawyers was the largest such amount
in the history of Freedom of Information Act lawsuits.

Justice Department spokesman Charles Miller confirmed that the
settlement agreement had been signed and was being filed with the
court, but he did not know if the fees were a record amount.

King said the more than 53,000 pages released included all but
three documents that the plaintiffs had sought.  The government
wanted to continue to withhold those three, he said.

"This is the end of the case, but probably only the beginning of
a long fight to right the wrongs of the past 20 years," King
said. "The inspector general's 517-page report exposed rampant
problems in the lab's Explosives and Materials and Analysis
Units, but the backup materials we have obtained also document
problems in other units, such as the DNA and Serology Unit."

"The 53,000 pages of supporting documents will now be available
for review by the public," King added.  "We hope at least a few
of the federal and state prisoners wrongfully convicted by sloppy
and forged lab work and erroneous and false testimony by the
dozen former lab examiners named in the report might get new
trials, fair trials this time."

The Justice Department has undertaken a review of cases that
might have been affected by lab errors.  Some testimony and
evidence has been either withdrawn, withheld or revised and some
charges have been dropped from multiple-count indictments. But
the government maintains that no defendant charged or convicted
has been totally exonerated as result of lab improprieties.



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