TAINTED EVIDENCE - Fredric Whitehurst X-FBI Analyst
In the 1990s, the fingerprint, DNA, and explosive units of the Federal Bureau of Investigation Laboratory had written reports confirming local police department theories without actually performing the work.
Such laws and regulatory procedures stipulating the conditions under which evidence can be handled and manipulated fall under a body of due process statutes called chain of custody rules. It is crucial for law enforcement agencies to scrupulously collect, handle and transfer evidence in order to avoid its falsification. In most jurisdictions, chain of evidence rules require that the transfer of criminal evidence be handled by as few persons as possible. To prevent error or improper tampering, chain of evidence rules also stipulate that those authorized to experiment with collected evidence document the nature, time, date and duration of their handling.
Dr. Frederic Whitehurst, who joined the FBI in 1982 and served as a Supervisory Special Agent at the Lab from 1986 to 1998, blew the whistle on scientific misconduct at the Lab. As a result of Whitehurst's whistleblowing, the FBI Lab implemented forty major reforms, including undergoing an accreditation process. Reforms took place under FBI chief Louis Freeh, who served from 1993 to 2001. Whitehurst's whistleblowing in the 1990s and the adverse publicity trials, in which FBI Lab employees were revealed as incompetent or disingenuous, led to major changes. According to John F. Kelly & Phillip K. Wearne's book Tainting Evidence: Inside the Scandals at the FBI Crime Lab (1998), the FBI Crime Lab had been hurt by a lack of funding and an institutional entropy rooted in Lab employees' belief that they were the best forensic experts in the country, if not the world. Some Lab employees failed to keep abreast of developments in forensic science. The two authors concluded that the worst problem was that the Lab employees were FBI agents rather than pure forensic scientists. The investigative paradigm of the detective was antithetical to the investigative paradigm of the scientist. Lab employees began to work backwards, from a conclusion preordained by the prosecutors they served, and sought to justify that conclusion rather than using more scientific research paradigms. The FBI Laboratory is a division within the United States Federal Bureau of Investigation that provides forensic analysis support services to the FBI, as well as to state and local law enforcement agencies free of charge. The lab is located at Marine Corps Base Quantico in Quantico, Virginia. Opened November 24, 1932,[2] the lab was first known as the Technical Laboratory. It became a separate division when the Bureau of Investigation (BOI) was renamed as the FBI. The Lab staffs approximately 500 scientific experts and special agents. The lab generally enjoys the reputation as the premier crime lab in the United States. However, during the 1990s, its reputation and integrity came under withering criticism, primarily due to the revelations of Special Agent Dr. Frederic Whitehurst, the most prominent whistleblower in the history of the Bureau. Whitehurst was a harsh critic of conduct at the Lab. He believed that a lack of funding had affected operations and that Lab technicians had a pro-prosecution bias. He suggested they were FBI agents first and forensic scientists second, due to the institutional culture of the Bureau, which resulted in the tainting of evidence. From September 1934 to September 1975, the Lab was located on the 6th floor and the attic of the Justice Department Building in Washington, D.C. Public tours of the lab work area were available until the FBI moved across the street to the newly constructed J. Edgar Hoover Building in 1974. Tours of the J. Edgar Hoover Building were available, but the tour route shifted away from the lab work space, thus sealing the lab from public view. The Lab expanded to such an extent that the Forensic Science Research and Training Center (FSRTC) was established at the FBI Academy in Quantico, Virginia. Methods at the FSRTC have helped establish standardized forensic practices for law enforcement agencies. The FBI Lab has been in Quantico since the relocation from Washington since April 2003. The more widespread use of DNA testing in the late 20th century brought renewed scrutiny to the scientific reliability of many of the FBI Laboratory's forensic analyses. "Scientific experts consider DNA — which first became widely used in courts in the 1990s — to be the only near-certain indicator of a forensic match."