December 1997 -- Statement by Gerald Lefcourt On Supreme Court's Prosecutorial Immunity Decision
Washington, DC, December 10, 1997 --In a victory for justice and common sense, the U.S. Supreme Court unanimously ruled today that a prosecutor who lied in order to obtain an arrest warrant may be sued for damages. Kalina v. Fletcher, No. 96-792, affirms lower court decisions holding that state officials enjoy only limited immunity from suits for violations of civil rights they commit during the course of performing their official duties. -- more --

November 1997 -- DOJ Aware of Problems in FBI's DNA Lab
Washington, DC, November 25, 1997 -- The Justice Department's Office of Inspector General, which conducted an 18-month investigation of the FBI lab, has been on notice of problems in the FBI's DNA analysis unit (DNAU) since as far back as December 1995, the National Association of Criminal Defense Lawyers announced today. "Investigators from the Inspector General's Office interviewed dozens of FBI agents during the course of their 18-month investigation," NACDL President Gerald B. Lefcourt noted. "During that time, they turned up evidence that the prevailing culture of the lab -- which one agent likens to a "fraternity" -- is a 'shoot from the hip' culture favoring the prosecution, rather than a culture of objective science, and honest search for the truth." -- more --

November 1997 -- Initiative to Free the Innocent Expanding
Washington, D.C., November 20, 1997 --- "Countless innocent Americans are behind bars or on death row for crimes that they didn't commit. Law schools and journalism schools are often in the best position to correct these grave injustices, as we've seen in Illinois where more people have been freed from death row than have been executed," noted Gerald Lefcourt, President of the National Association of Criminal Defense Lawyers (NACDL), in announcing a major campaign to expand the existing Innocence Project to law schools and journalism schools nationwide. -- more --

October 1997 -- Letter to Sen. Sessions from NACDL President Gerald Lefcourt Regarding FBI Lab Misconduct; Newly-Discovered Information About the Use of Bad Science to Convict Accused Citizens Due to Such Misconduct; Failure of the Novel "Newly-Discovered" Evidence Standards Under the 1996 Post-Conviction, Habeas Corpus Laws to Afford Review and Remedy for Likely Wrongful Convictions Resulting From Such Misconduct.
Washington, DC, October 16, 1997 -- Dear Senator Sessions: In the course of my testimony during the Subcommittee hearing of September 29, 1997 (A Review of the Federal Bureau of Investigation Laboratory: Beyond the Inspector General Report), you expressed great interest in the burden a federal habeas petitioner bears when proffering newly-discovered evidence -- such as that mishandled or suppressed because of FBI Lab misconduct -- under "The Effective Death Penalty and Anti-Terrorism Act of 1996" (the Act). -- more --

October 1997 -- Disciplinary Boards Must Scrutinize Low-Bid Contracts Providing Counsel to Needy Citizens
Washington, DC, October 10, 1997 -- Fixed-price contracts for providing legal representation to poor Americans accused of crimes or wrongdoing are effectively wiping out the Sixth Amendment right to counsel, violating citizens' rights and leading to wrongful convictions, according to a report the National Association of Criminal Defense Lawyers released Friday. The report charges that the practice of "low-bid contracting" is designed to "process the maximum number of defendants at the lowest cost -- without regard to truth, justice or innocence." -- more --

September 1997 -- Early Review of Documents Reveals FBI Lab Misconduct More Serious than Reported
Washington, D.C., September 29, 1997 -- "Our review of documents thus far generated by the Department of Justice Inspector General's 18-month investigation of the FBI Lab reveals systemic problems scarcely addressed by the April 15 report -- bad science, sloppy record-keeping and professional misconduct," Gerald B. Lefcourt, President of the National Association of Criminal Defense Lawyers said today as he prepared to testify before a Senate hearing on problems in the FBI's Crime Laboratory. "So far we've only seen the tip of the iceberg. We are greatly concerned that for some American citizens convicted by 'bad science,' the time for filing appeals and writs of habeas corpus is fast running out," Lefcourt said. -- more --

September 1997 -- House Votes to Reimburse Unfairly Accused Citizens
Washington, D.C., September 26, 1997 -- "The House of Representatives scored a victory for all Americans yesterday by voting to reimburse citizens' legal fees in defending themselves against unjust or wrongful charges," said Gerald Lefcourt, President of the National Association of Criminal Defense Lawyers (NACDL). The House action benefits not only citizens who are forced to expend thousands of dollars defending themselves against false criminal charges, but it will save taxpayers monies as well by discouraging ill-considered prosecution based on little or no evidence of wrongdoing," he added. -- more --

September 1997 -- Bounty Hunters Threaten Americans in Their Own Homes
Washington, D.C., September 15, 1997 -- "Americans are protected by law from unlawful arrests made by police officers; but incredibly, they are not protected from bounty hunters who are 'wannabe' law enforcers out on the loose and out of control," noted Gerald Lefcourt, President of the National Association of Criminal Defense Lawyers in the wake the recent fatal double shootings in Phoenix. -- more --

September 1997 -- Prosecutor's Office Intimidates Law Professor
Washington, DC, September 11, 1997 -- Earlier this week, an investigator with the Memphis District Attorney General's office threatened a respected law professor with obstruction of justice if he did not turn over confidential information he had gathered on an alleged conspiracy to murder Dr. Martin Luther King, Jr. University of Memphis Law School Professor Mike Roberts was appointed by Memphis judge John P. Colton to review files pertaining to James Earl Ray, who is seeking to withdraw his guilty plea and exercise his constitutional right to trial. Acting at the behest of the court, Roberts interviewed persons claiming to have knowledge of a conspiracy until the Tennessee Court of Appeals revoked his subpoena power last month on technical grounds. -- more --

July 1997 -- NACDL Urges Clemency to Correct an Injustice
Washington, DC, July 30, 1997 -- Serious questions regarding the guilt of death row inmate Tommy Thompson, and the courts' powerlessness to correct the injustice of a wrongful conviction, are compelling grounds to commute his death sentence, says Judy Clarke, President of the National Association of Criminal Defense Lawyers, in a letter to California Governor Pete Wilson. Ms. Clarke notes in her letter that a number of newspapers and former state and federal prosecutors support clemency for Thompson, who is scheduled to be executed August 5. -- more --

June 1997 -- Measure to Restrict Government Seizure Power Further Compromises Citizens' Rights
Washington, D.C., June 23, 1997 -- After careful review, the National Association of Criminal Defense Lawyers rejects the important but severely flawed civil asset reform effort reported out of the House Judiciary Committee late last week. The measure purports to address the basic unfairness and inequities of existing asset forfeiture laws, but what was at first an outstanding bill with widespread bi-partisan support in the House has been seriously compromised by the U.S. Department of Justice and other law enforcement entities who unfairly benefit from these laws at the expense of innocent citizens. -- more --

June 1997 -- Hearing to Highlight Forfeiture Abuses Involving Innocent Property Owners
Washington, D.C., June 10, 1997 -- "The government's use of over broad 'civil' forfeiture statutes has run amok," depriving innocent citizens of their property without due process of law, the National Association of Criminal Defense Lawyers will tell the House Judiciary Committee Wednesday. -- more --

May 1997 -- Congress Should Reform FBI Lab
Washington, D.C., May 12, 1997 -- Science should favor neither the prosecution nor the defense in its search for the truth, an attorney for the National Association of Criminal Defense Lawyers (NACDL) will remind members of the Crime Subcommittee of the House Judiciary Committee Tuesday morning. The panel is holding oversight hearings on serious deficiencies in the FBI Lab which came to light after last month's release of the Justice Department Inspector General's damning Report. Having focused on just 3 of 35 Lab units, the Report identified numerous instances of fabrication of test results, scientifically flawed and biased testimony, unqualified examiners with little or no formal education in their professed field of expertise, a predisposition toward slanting testimony in favor of the prosecution, and other rampant problems. -- more --

April 1997 -- Victims' Rights Amendment Endangers Everyone's Rights
Washington, D.C., Apr. 29, 1997 -- Burgeoning opposition to the proposed Victims' Rights Amendment to the U.S. Constitution in recent weeks comes from unexpected quarters. Prominent among groups opposing the idea outright or refusing to endorse it are the Legal Defense and Education Fund of the National Organization for Women (NOW LDEF), the National Clearinghouse for the Defense of Battered Women, the National Network to End Domestic Violence, and Murder Victims Families for Reconciliation. -- more --

April 1997 -- Richards v. Wisconsin Is Victory for Fourth Amendment
Washington, D.C., April 28, 1997 -- The Fourth Amendment to the Constitution of the United States provides that Americans shall be secure in their homes and persons from unreasonable searches and seizures. To that end, the National Association of Criminal Defense Lawyers argued on behalf of Steiney Richards in the Supreme Court decision handed down today, Richards v. Wisconsin. -- more --

April 1997 -- FBI Lab Report Raises Specter of National Scandal
Washington, D.C., April 15, 1997 -- The Inspector General's investigation into practices and misconduct at the FBI lab raises more questions than it answers, the National Association of Criminal Defense Lawyers said today. The Justice Department's final report (click here for the report), released to the public today as a result of legal action brought by NACDL, identifies deficient work in the few high profile cases it analyzes, casting serious doubt on the integrity of the entire lab. Concentrating primarily on misconduct in only three departments -- the Explosives Unit, the Materials Analysis Unit, and the Chemistry-Toxicology Unit -- the edited 517-page report raises the specter of a national scandal of mammoth proportions. -- more --

March 1997 -- Rush to Judgment By Congress Undermines Separation of Powers and Independent Judiciary
Washington, D.C., March 30, 1997 -- Recent actions by Congress, and threats by Congressional leaders, to limit the Constitutional powers of federal judges "undermine America's cherished independence of the judiciary," Judy Clarke, President of the National Association of Criminal Defense Lawyers said in a letter to Chief Justice William Rehnquist (Clicking Here For Letter), in his capacity as head of the U.S. Judicial Conference, which oversees the federal courts. -- more --

March 1997 -- Justice Department's March 14 letter to U.S. District Judge Gladys Kessler
Text of the Justice Department's March 14 letter to U.S. District Judge Gladys Kessler stating its position that prisoners who potentially have habeas claims based on the contents of the final report on the FBI lab will have one year from the date of its release to file habeas petitions for relief under Sections 2254 and 2255. -- more --

March 1997 -- Justice Dept. Memo on FBI Lab Problems
NACDL is making available to the public a 1996 memorandum from the-Acting Assitant Attorney General John Keeney to all U.S. Attorneys advising them that FBI lab whistleblower Frederic Whitehurst may have identified some problems in the FBI's forensic science labs. Keeney's memorandum notes that Dr. Whitehurst criticizes the work of a number of FBI laboratory personnel, contending that certain examiners lack proper qualifications, are not competent to perform the scientific analysis required in a case, slant their opinions to favor the prosecution, or have inappropriately changed Whitehurst's reports. A list of the FBI laboratory personnel criticized by Whitehurst is set forth in the memorandum. -- more --

March 1997 -- Ruling in FBI Lab Report Case Is Victory for Due Process
Washington, D.C., March 17, 1997 -- Persons unlawfully convicted in cases involving mishandled evidence from the FBI forensic science labs will have a full year from the release of the Justice Department's report on lab deficiencies and foul-ups to challenge their convictions, the government conceded in federal court today. -- more --

March 1997 -- Congress Should Refrain from Meddling in Pending Criminal Cases
Washington, D.C., March 12, 1997 -- It is improper, unwise and unconstitutional for Congress to pass special legislation to try to preside over pending criminal trials from Capitol Hill, the nations's criminal defense bar told the House Judiciary Committee in a letter today (click here for letter), as the panel prepares to rush through legislation directed at reversing rulings of two courts in the celebrated Oklahoma City bombing trial. -- more --

March 1997 -- ABA Should 'Take All Appropriate Action' To Implement Death Penalty Moratorium
Washington, D.C., March 3, 1997 -- The Board of Directors of the National Association of Criminal Defense Lawyers (NACDL) expressed its support of the death penalty moratorium proposed by the American Bar Association earlier this month, and urged the ABA "to take all appropriate action with all deliberate speed to bring about its implementation." The Board unanimously passed its resolution at NACDL's Mid-Winter Meeting in New Orleans. -- more --

February 1997 -- Government Uncooperative in Disclosing FBI Lab Report Says Federal Public Defender
The following affidavit was prepared by Federal Public Defender Thomas Hillier, II, in support of NACDL's Freedom of Information Act lawsuit seeking immediate disclosure of the OIG report pertaining to misconduct at the FBI forensic lab. Mr. Hillier outlines the government's reluctance to produce information in the report relevant to his case, his seeming victory in obtaining the information by court order, and his subsequent discovery that more relevant information was deliberately withheld. His declaration is an example of the most compelling reason why the entire report -- not just portions the Justice Department unilaterally determines to be relevant to a particular case -- should be made available to defense counsel across the country in time to adequately prepare for trial. -- more --

February 1997 -- Discovery Motion for FBI Lab Report
The following pretrial motion for disclosure of the Justice Department's Office of Inspector General's (OIG) report detailing serious allegations of mishandling of evidence and other misconduct at the lab was filed on behalf of Terry Nichols in the Oklahoma City bombing case. The bases of the request are that timely disclosure of the report pursuant to the Federal Rule of Criminal Procedure governing discovery, Fed.R.Crim.P. 16, is "material to the preparation of the defendant's defense," and that "conclusions of the OIG may well corroborate the testimony of the defense's own experts." Defense attorneys preparing to meet scientific evidence from the FBI lab or preparing cross-examination of FBI forensic experts should probably consider filing the same sort of motion as soon as possible, either under Fed.R.Crim.P. 16 or applicable state rules. -- more --

February 1997 -- Court Action Commenced to Disclose Report Critical of FBI Lab
Washington, D.C., February 25, 1997 -- "The first resort of tyrants is secrecy," said William B. Moffitt, Vice President of the National Association of Criminal Defense Lawyers (NACDL) at a press conference today after the Association filed suit to force disclosure of a government report critical of the FBI's crime lab. -- more --

February 1997 -- FBI Lab FOIA Suit Press Conference Tuesday, Feb. 25
Washington, D.C., February 22, 1997 --The National Association of Criminal Defense Lawyers (NACDL) will file suit tomorrow under the Freedom of Information Act seeking expedited disclosure of the Justice Department's Inspector General report outlining serious problems in the FBI laboratory. -- more --

February 1997 -- Justice Dept. Urged to Release FBI Lab Report
Washington, D.C., February 4, 1997 -- Frustrated over the U.S. Justice Department's refusal to make public its Inspector General's report outlining serious problems with and within the FBI laboratory -- problems which could affect hundreds of individual cases across the country -- the National Association of Criminal Defense Lawyers (NACDL) today filed a Freedom of Information Act request (Click Here for Letter) seeking its prompt release within 10 working days as required by law. -- more report --

January 1997 -- Statement of Judy Clarke, President, National Association of Criminal Defense Lawyers, On Settlement of Oklahoma Indigent Defense Funding Crisis
Washington, D.C.., Jan. 22, 1997 -- The nation's criminal justice lawyers want to commend today's last minute agreement ensuring supplemental funding to keep the Oklahoma Indigent Defense System from descending into chaos. Facing imminent insolvency due to increased caseloads and last year's arbitrary funding cuts, Governor Keating and the legislative leadership became convinced that letting the system crash and burn would only lead to case dismissals, prisoner releases and a cascade of lawsuits This eliminates any need to challenge the state's failure to abide by the U.S. Constitution's requirement -- recognized for over a third of a century -- that counsel be provided to Americans who cannot afford lawyers when the state seeks to deprive them of their lives or liberty. NACDL particularly commends Court of Criminal Appeals Presiding Judge Charles Chapel and Vice Presiding Judge Charles Johnson for their efforts, and patience, in facilitating the negotiations. -- more --

January 1997 -- Supreme Court Limits Unfair Prejudice in Gun Cases
Washington, D.C., Jan. 7, 1997 -- The National Association of Criminal Defense Lawyers applauds today's decision by the U.S. Supreme Court limiting prosecutors' ability to introduce highly prejudicial or inflammatory evidence in federal prosecutions of convicted felons accused of possessing a firearm. The ruling conforms with the general rule which prohibits, in most cases, the prosecution from revealing facts about a defendant's prior record. -- more --

January 1997 -- Stop Courts from Inflicting Punishment for Unproven Crimes
Washington, D.C., Jan. 7, 1997 -- In the wake of yesterday's high-handed U.S. Supreme Court decision requiring federal judges to punish defendants even for crimes for which the jury found them not guilty, the National Association of Criminal Defense Lawyers called on Congress and the U.S. Sentencing Commission to revise federal sentencing law to restore fundamental fairness to the American justice system. On the very same day it announced it would accept the case -- United States v. Watts -- the Court, acting in extraordinary fashion, issued its unsigned opinion without any formal briefing or oral argument, catching court observers by complete surprise. -- more --