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The FBI Laboratory: An
into Laboratory Practices and Alleged
Misconduct in Explosives-Related
and Other Cases (April 1997)
RESPONSE/REPLY APPENDIX DOCUMENTS
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Documents in the Response/Reply Appendix
Dr. Frederic Whitehurst has responded to the final version of the OIG's FBI Lab Report. His response is located on the Internet homepage of www.forensicjustice.org/oigrebuttal.htm and is available by mail on request to Forensic Justice Project, 3238 P St., NW, Washington D.C. 20007.
Dr. Whitehurst's response is entirely his own product and does not in any way reflect the views of the Inspector General. The OIG has not read or reviewed Dr. Whitehurst's response and is not responsible for its content.
This reference to Dr. Whitehurst's response is being provided pursuant to a settlement agreement between Dr. Whitehurst and the Department of Justice. Because of the OIG's policy of limiting disclosure of the draft report to individuals and entities with first-hand knowledge of the underlying facts, Dr. Whitehurst was precluded from discussing the draft report with counsel. Dr. Whitehurst, therefore, declined to respond in February 1997.
(Disclaimer: Because the pagination of these documents in hypertext format is different than the pagination in hardcopy, the page numbers reflected in the text will not be accurate.)
1) The Federal Bureau of Investigations (FBI) Comments dated February 12, 1997, on the Office of the Inspector Generals (OIG) draft report titled, "The FBI Laboratory: An Investigation into Laboratory Practices and Alleged Misconduct in Explosives-Related and Other Cases."
TABLE OF CONTENTS
- EXECUTIVE SUMMARY
- A. Introduction
- B. The FBI's Commitment to Quality
- C. The FBI's Comments on the Draft Report
- I. COMMENTS ON THE OIG'S ANALYSIS OF PARTICULAR MATTERS
- A. World Trade Center
- B. Oklahoma City
- C. Florida v. George Trepal
- D. Avianca
- E. Other Matters
- 1. VanPac
- 2. O. J. Simpson
- 3. Paolo Borsellino
- 4. Gino Negretti
- 5. Conlon
- 6. Judge John Shaw
- 7. The FBIs Office of Professional Responsibility and
- Office of the General Counsel
- II. COMMENTS ON THE OIGS FINDINGS AND RECOMMENDATIONS CONCERNING INDIVIDUALS
- A. Roger Martz
- B. David Williams
- 1. World Trade Center
- 2. Oklahoma City Bombing
- C. J. Thomas Thurman
- D. Other Individuals
- 1. Michael Malone
- 2. Richard Hahn
- 3. Robert Heckman
- 4. J. Christopher Ronay
- 5. Robert Webb
- 6. Charles Calfee
- 7. Wallace Higgins
- 8. Alan Jordan
- 9. Kenneth Nimmich
- 10. Rod Asbury
- 11. Thomas Mohnal
- 12. Howard Shapiro
- 13. Frederic W. Whitehurst
- III. PLAN OF ACTION
- A. Quality Assurance
- 1. ASCLD/LAB Accreditation and External Review
- 2. Restructuring the Explosives Unit
- 3. Principal and Auxiliary Examiners
- 4. Report Preparation
- 5. Adequate Peer Review
- 6. Case Documentation
- 7. Record Retention
- 8. Examiner Training and Qualification
- 9. Examiner Testimony
- 10. Protocols7
- 11. Evidence Handling
- 12. The Role of Management
- B. FBI Request to the OIG for Further Inspection
2) The FBIs Comments dated March 24, 1997, on Part Three, Section H11: Higgins Alleged Alteration of Dictation.
3) The FBIs Comments dated April 4, 1997, on Part Three, Section D: The Bush Assassination Attempt.
4) FBI Supervisory Special Agent Roger Martzs reply dated February 4, 1997, to the OIGs draft report.
5) FBI Supervisory Special Agent David Williams reply to the OIGs draft report.
6) Comments dated February 11, 1997, from Stanley Rothstein, Terrorism and Violent Crime Section, Criminal Division, on Part Three, Section B: The VANPAC Case.
7) Comments dated February 27, and March 10, 1997, from the United States Attorneys Office Southern District of New York, on Part Three, Section C: World Trade Center Bombing.
8) Comments dated February 13 and March 7, 1997, from the United States Attorneys Office Eastern District of New York, on Part Three, Section E: Avianca Bombing.
9) Comments dated February 20, 1997, from the United States Attorneys Office District of New Jersey, on Part Three, Sections H1 and H6: Yu Kikumura and the Conlon Case.
10) Comments dated March 3, 1997, from Robert Cleary, Special Attorney to the United States Attorney General, on Part Three, Section H9: The UNABOM Article.
11) Comments dated February 3, 1997, from the United States Attorneys Office Middle District of Pennsylvania on Part Three, Section H12: Tobin Allegations.
12) Comments dated February 7 and 13, 1997, from Attorney John Doar on Part Three, Section H12: Tobin Allegations.
13) OIGs Replies to responses to the draft report.
TABLE OF CONTENTS
I. REPLIES TO GENERAL RESPONSE MADE BY FBI IN THE EXECUTIVE SUMMARY OF ITS RESPONSE
II - A. REPLIES TO RESPONSES MADE TO SPECIFIC SECTIONS OF THE DRAFT REPORT - Executive Summary through Section G
II - B. REPLIES TO RESPONSES MADE TO SPECIFIC SECTIONS OF THE DRAFT REPORT - Section H through Conclusion