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Missing evidence another embarrassment for FBI
WASHINGTON (AP) For an agency still reeling from the discovery
of an alleged spy in its ranks, the last thing the FBI needed was
the disclosure that it withheld evidence from lawyers representing
the man convicted of the worst act of domestic terrorism.
Timothy McVeigh was scheduled to be executed by lethal injection
on Wednesday. Now his lawyers are weighing whether to seek a stay
of the execution, which would have been the first federal death
penalty sentence carried out since 1963.
The mishap comes a little more than a week after FBI Director
Louis Freeh said he plans to retire in June two years short of
his 10-year term. Law enforcement officials familiar with the case
said there was no connection between Freeh's decision to retire and
the problem with the McVeigh documents.
The revelation shook the law enforcement establishment and
people waiting to see closure more than six years after a bomb
destroyed the Alfred P. Murrah Federal Building in Oklahoma City,
killing 168, including many women and children.
"I'm appalled," said Kathleen Treanor, who lost her 4-year-old
daughter and her in-laws in the bombing. "The FBI knew from the
very beginning that this was a huge case. How could they have
possibly made a mistake this huge?"
The documents mishap also follows the arrest in February of
Robert Philip Hanssen, a 20-year veteran agent accused of selling
national secrets to Moscow.
Hanssen, a counterintelligence agent with access to highly
sensitive information, carried on his alleged spying activities for
15 years without being detected by his bosses. Investigations are
underway to figure out why.
Other controversies, from a crime-lab scandal in the 1990s to
the botched investigation last year of former Los Alamos scientist
Wen Ho Lee, have dogged the FBI in recent years.
The revelation that some 3,135 investigation materials
including interview reports and physical evidence such as
photographs, letters and tapes were inadvertently withheld from
McVeigh's attorneys is another embarrassment for the FBI.
Law enforcement officials familiar with the documents mishap,
speaking only on condition of anonymity, said the mistake resulted
from an antiquated records system. The FBI was in the routine
process of gathering all documents from the Oklahoma City bombing
investigation numbering more than 1 million from its bureaus
when officials discovered that some pages had never been shared
with defense lawyers.
"One thing that's overlooked here is that there were thousands
and thousands of these statements that have to be stored and
catalogued," said Andrew Cohen, a legal analyst who has followed
the case. "Certainly you don't want to encourage the government to
lose this sort of thing, but in some ways it's a bit
understandable."
As soon as the mistake was discovered, the bureau acted quickly
to turn the documents over, the sources said. The Justice
Department received the documents Wednesday and sent McVeigh's
attorneys copies of everything.
The department says none of the documents create any doubt about
McVeigh's conviction or sentence. McVeigh's lawyers could still ask
for stay of the execution so they can examine the materials.
"I think the FBI has given McVeigh the chance to delay his own
execution," said Cohen.
Paul Heath, who was injured in the bombing, said he was taking a
wait-and-see approach to the news.
"I'm convinced it wouldn't make any difference to Mr.
McVeigh," said Heath. "It does not upset me."
Last year the FBI was stung by the case of Wen Ho Lee, a former
Los Alamos scientist indicted on 59 criminal counts of mishandling
nuclear weapons secrets. He spent nine months in solitary
confinement in a New Mexico jail. All but one count was eventually
dropped.
The FBI also suffered through an embarrassing investigation by
the parent Justice Department of its world-renowned crime lab in
the mid-1990s.
Spurred by allegations from Frederic Whitehurst, an FBI lab
chemist, Justice Inspector General Michael Bromwich investigated
the facility for 18 months. He subsequently blasted the FBI
facility for flawed scientific work and inaccurate, pro-prosecution
testimony in major cases including the Oklahoma City bombing.
The catastrophe at the Branch Davidian compound in Waco, Texas,
that killed 80 people and a shoot-out with white separatists in
Ruby Ridge, Idaho, also have dogged the FBI.
McVeigh has said he carried out the Oklahoma City bombing to
avenge the deaths at Waco and Ruby Ridge.
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