February 4, 1997
Justice Dept. Urged to Release FBI Lab Report
"The Department of Justice's own Inspector General has apparently uncovered
numerous instances in which scientific evidence has been mishandled or handled so
casually as to cast doubt on the validity of test results," observed NACDL President Judy
Clarke, a Federal Public Defender in Spokane, WA. "Many, many cases are made or
broken on the basis of painstaking scientific analysis of the physical evidence. When the
reliability of the nation's premier crime lab is called into question, a full public airing of the
concerns is of utmost importance.
"No American citizen's life or liberty should be gambled on whether the test results
in any particular case are a result of diligent testing or 'garbage in, garbage out.' The risk
of a single wrongful conviction as a result of mishandled evidence is intolerable and
antithetic to everything our democracy stands for," Clarke said.
The IG's investigation began in 1995 after a lab supervisor, FBI Special Agent
Frederic Whitehurst, charged that physical evidence in the Oklahoma City bombing case
had been mishandled at several stages of the investigation. Adding to the mystery
surrounding the allegations, Agent Whitehurst was summarily relieved of his duties last
week along with three other senior FBI employees.
"It makes you wonder what in the world is going on there," said Marvin Miller, Co-Chair of NACDL's Prosecutorial Misconduct Committee. "All the IG reports and internal
memoranda need to be made publically available immediately to help determine whether
individual cases have been compromised by this. DOJ's bald assertions in the press
reports that no cases have been compromised by this displays amazing arrogance. If they
have nothing to hide, then why are they hiding these reports? Why don't they simply
release the reports and let the public decide for themselves, instead of being told what to
think?"
Agent Whitehurst's allegations that evidence in the Oklahoma City case was
mishandled has caused understandable concern among defense lawyers across the
country. The FBI's lab also handles evidence in many state and local criminal cases where
the required expertise is beyond the capabilities of local law enforcement.
"Lawyers across the nation defending the regular, run-of-the-mill case are now
saying, 'If they're sloppy in a case in which every TV station and every newspaper in the
world is watching, what are they doing in my case?'" said Drew Findling, a prominent
Atlanta attorney who co-chairs NACDL's Forensic Evidence Committee. "To avoid
nonfeasance, defense attorneys are going to have to stop assuming that lab tests were
properly done, stop stipulating to them, and start challenging them en masse."
"On behalf of citizens across America, and the media who regularly report on
criminal justice issues, we are seeking release of the report under the Freedom of
Information Act. The integrity of the FBI crime lab, or perhaps lack thereof, has the
potential for affecting any of us. It's a matter of utmost public importance," said NACDL
Public Affairs Director Jack King, who filed the request on behalf of the Association.
"Whether they like it or not, the Justice Department can't just sweep this report under the
rug. The taxpayers who paid for it have a right to know what's in it. And if it takes a FOIA
request to get it for them, then so be it."
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National Association of Criminal Defense Lawyers (NACDL)