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Conviction Reversed for FBI Lab Misconduct

Anthony E. Bragdon served ten years of a 30 year sentence for assault with intent to rape and use of a firearm in a violent crime before beingd. In 2001, prosecutors revealed that FBI Agent Michael Malone gave false testimony at his trial and covered up exculpatory evidence. The Court of Appeals has reversed his conviction.

``I did all that time. That is a major part of my life,'' Bragdon said in a telephone interview Tuesday. ``When I went to prison I was just 19. This was my first adult conviction. I had never been locked up. ... So they never gave me a chance to establish myself in the real world as far as getting a job.''

Bragdon's case is not the only one affected by the FBI lab scandal.

Bragdon's freedom is an outgrowth of a sweeping investigation in the 1990s prompted by FBI whistleblower Frederic Whitehurst's allegations that his FBI lab colleagues had performed shoddy work and shaded the truth to help prosecutors.

The Associated Press reported in March that a review had identified about 3,000 cases that could have been affected by the shoddy work but only 150 defendants had been notified of problems.

Even after discovering Malone's misconduct, the FBI didn't fire him. They transferred him to another division where he remained until his retirement. He now resides in Virginia. In 2001, Malone told the St. Petersurg Times,

``Nobody's convinced anybody in a black robe that I've done anything wrong. I did the best I could. Crime labs aren't perfect. People aren't perfect.''

In setting aside the conviction, the judge wrote that Malone's testimony made a difference.

``If the jurors had known that Mr. Malone testified falsely ... the outcome of the trial reasonably could have been different.''

....Whitehurst, the former FBI whistleblower, said the delay of four years from the end of the internal investigation until Bragdon was notified was ``appalling.'' ``It takes so long because everybody is covering for everybody else in the government. They wait until everyone retires and gets their pension,'' he said.

The FBI says changes have been made at the lab since the 1997 report that disclosed the malfeasance.

Despite the FBI's changes at the lab, the AP reported recently that one technician has since mistested more than 100 DNA samples and another of its expert witnesses has been charged with knowingly giving false testimony.

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