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Internal FBI probes found widespread problems in Oklahoma office
WASHINGTON (AP) Two internal reviews documented "serious
deficiencies" and "systemic problems" with evidence handling
inside the FBI's Oklahoma City office at the height of the Timothy
McVeigh bombing investigation.
The problems surfaced in an unrelated prison death case in the
summer of 1995, four months into the bombing investigation. The
internal reports did not cite any problems with the McVeigh case
evidence.
But the documents, many of which remain under court seal,
broadly criticize the Oklahoma FBI's day-to-day handling of
evidence and cite some of the same FBI personnel who were involved
in the bombing case. Excerpts from the sealed reports were obtained
by The Associated Press.
For instance, an agent who was awarded the FBI's highest award
for bravery in the bombing case made false statements, some under
oath, about evidence in the August 1995 death of prisoner Kenneth
Michael Trentadue, the Justice Department inspector general
concluded.
FBI officials acknowledge the Oklahoma City office had problems
but say they have been fixed. And they say the personnel cited in
the internal reports played only minor roles in the bombing case
because a team of national experts arranged a separate facility to
gather evidence about the bombing.
"We have absolute confidence in the investigative efforts of
the Oklahoma City bombing task force with regards to the entire
investigation," said Bill Carter, FBI spokesman in Washington.
Special Agent in Charge Richard Marquise, who took over the
Oklahoma City office in 1999, said the problems have been
rectified. "Things have changed," he said. "Obviously the
problems were there. We recognize we had a problem."
The FBI's conduct is receiving renewed scrutiny after
revelations it discovered thousands of pages of witness interviews
and other evidence in the McVeigh case just days before the
convicted Oklahoma City bomber was to be executed. The FBI has
blamed a computer glitch, and personnel who incorrectly thought
documents weren't relevant.
The internal reviews identified a myriad of problems in the
Oklahoma City bureau, including that evidence was inventoried
belatedly, lost or destroyed. In one case, photographs were
misplaced; in another a bloody sheet was improperly stored, and
became contaminated, court records show.
In 1999, a team from the Justice Department's inspector
general's office reported "systemic problems with the FBI OKC
evidence program." Separately, an internal FBI review concluded a
"very serious problem had arisen in the FBI OKC evidence
program."
The lawyer who represented McVeigh at trial said he believes the
government had an obligation to divulge the problems under court
rulings that require prosecutors to disclose information that casts
doubt on the credibility or professionalism of law enforcement
involved in the case.
"I think it should have been (divulged)," attorney Stephen
Jones said.
Jones said he eventually learned about the evidence-handling
problem from an Arkansas Internet publication, but not until well
after McVeigh already had exhausted his appeals. Jones, who no
longer represents McVeigh, said his former client's new lawyers
used the information as part of a last-ditch relief motion that was
turned down by the courts.
The Oklahoma City evidence-handling problems surfaced in
connection with prisoner Trentadue's death at a local federal
detention center.
Trentadue was found hanging from his cell and the death was
ruled a suicide. His family challenged the conclusion, alleging the
inmate's body was badly bruised.
The internal investigations ultimately upheld the suicide
conclusion but identified widespread problems, including: false
statements by prison officials and an FBI agent; 41 pieces of
evidence that were missing; and the FBI's destruction of a key
original document after it had been repeatedly requested by the
Justice Department.
One internal FBI memo indicates agents in Oklahoma City had
concealed from the department the fact that evidence was missing.
"Fortunately, DOJ has not asked for any serials (evidence)
which we have not been able to produce and they are not aware
anything was misplaced," a supervisory special agent wrote his
superiors in the Oklahoma City FBI office in 1997.
Trentadue's family sued the government, alleging belatedly
discovered evidence disputed the suicide ruling. A judge this month
awarded the family $1.1 million.
Former Justice Department inspector general Michael Bromwich,
who oversaw much of the Trentadue review, said in an interview that
FBI officials uncharacteristically resisted and hampered the
inquiry.
"I will say in general that the FBI has strongly resisted IG
reviews at their onset and generally have been very cooperative
once they've begun," Bromwich said. "The major exception to that
was Trentadue, where they fought us tooth and nail."
Bromwich said the Trentadue case and another inquiry this one
dealing with the FBI's handling of classified information about
China demonstrate that the nation's premiere law enforcement
agency has problems with documents and evidence.
"We found very widespread problems with the way data was input
into the computer system, the training of FBI agents and other
personnel working on that system and the ability to retrieve
information from the system," he said.
The reviews in the Trentadue matter concluded that problems with
evidence logging extended beyond the prison death case.
"We became concerned about broader problems in the way evidence
was handled by FBI OKC," the inspector general reported.
Susanna Mullally, then the FBI's top official on handling
evidence, also was sent from Washington to review the Oklahoma City
office, and produced a multipage report.
"The review found serious deficiencies in the way the FBI OKC
handled evidence," including inaccurate or missing forms and
evidence that wasn't processed for years, the documents show.
The documents state the FBI's senior evidence control technician
for Oklahoma City was reassigned in August 1995 to the McVeigh
case. She was replaced by a former mail clerk who wasn't fully
trained, the reports state.
"We believe her lack of formal training was a contributing
factor to the problems," the inspector general said of the
replacement. The replacement has since left the FBI, officials
said.
But the problems went beyond evidence handling.
The inspector general concluded FBI agent Jeffrey Jenkins "made
several false statements relating to the investigation into
Trentadue's death, several of them while under oath." Jenkins, who
won the shield of valor for his rescue work upon arriving at the
scene of the McVeigh bombing, denied any wrongdoing.
Prosecutors declined to prosecute Jenkins, who was referred for
disciplinary action. FBI officials said they couldn't discuss the
ongoing proceedings.
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