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FBI Failure to Turn Over Files to Defense May Impact Many Cases

It's not just the file disclosure failure in the Terry Nichols case that is under scrutiny. The failure may have been routine--and may impact cases nationally--giving some defendants cause to seek to reopen their cases:

In an oversight that could impact cases nationwide, the FBI hasn't routinely searched a special computer space where agents store investigative documents to see whether those materials should be sent to defense lawyers, Congress or special investigative bodies like the Sept. 11 inquiry.

The existence of the unsearched "I-drive" computer files, brought to the attention of The Associated Press by concerned FBI agents, could give lawyers an avenue to reopen numerous cases to determine whether documents that could have aided the defense of criminal defendants were withheld.

The FBI is uncertain about the nature or breadth of the documents on the computer space and has asked its internal investigation unit, its inspection division, to determine how many documents on I-drives in FBI offices across the country did not make it into official case files, officials said Monday.

If a large number are found, a review would begin to determine whether they should have been turned over to defense lawyers, bodies like the Sept. 11 commission or Congress, officials said. FBI supervisors said they were unaware of the problem until it was brought to their attention by AP.

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