FBI lab work is not above reproach


DC prosecutors miss target for review of FBI work
Associated Press
03/12/10 8:00 PM EST

WASHINGTON — Prosecutors in the District of Columbia said Friday they need more time to review more than 100 cases involving lab work by FBI scientists who came under fire in the 1990s — and again following the exoneration late last year of a D.C. defendant whom one of them helped convict.

D.C. Superior Court Senior Judge Fred B. Ugast asked for the report from the U.S. attorney’s office in December, when he released Donald Eugene Gates after 28 years behind bars. DNA testing proved Gates was innocent of the rape and murder of which he was convicted.

Gates, who had always insisted on his innocence, was convicted on the basis of testimony by Michael P. Malone, a former FBI forensic analyst and one of the 13 lab examiners criticized by the Justice Department’s inspector general in 1997. The inspector general found that Malone had given false testimony in proceedings that led to the impeachment and ouster of U.S. District Judge Alcee Hastings in 1989.

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