Tuesday, July 17, 2012

Penn State / Louis Freeh (Continued)

By William Fisher

When former FBI Director Louis Freeh was running the task force investigating sloppy forensic testing by the FBI lab some 20 years ago and mistakenly sending thousands to prison, Freeh was encouraging FBI personnel to do exactly the opposite of what he did while investigating the Penn State pedophile scandal.

“He did everything in his power to cover them up,” referring to the many mistakes made by FBI forensic specialists in their analyses, particularly their analyses of hair. The protocol used in the analysis was found to be seriously flawed and unprofessionally applied. The outcome was that many were convicted and sentenced to long imprisonments on the strength of unreliable testing.

These remarks came from C. Fred Whitehurst, the former FBI Special Agent, the whistleblower whose revelations created a firestorm of criticism of the FBI lab which, until then, had been regarded as the gold standard of forensic analysis.

Whitehurst charged that, “In light of the most recent revelations about FBI lab failures requiring 10,000 more cases to be reviewed we should read of this pot calling the pan black.”

In a report released this morning, former FBI Director Louis Freeh writes that "the most powerful men at Penn State failed to take any steps for 14 years to protect the children who [former Penn State assistant football coach Jerry] Sandusky victimized. Messrs. Spanier, Schultz, Paterno and Curley never demonstrated, through actions or words, any concern for the safety and well-being of Sandusky’s victims until after Sandusky’s arrest."

But Whitehurst says that “While I was reporting issues at the FBI crime lab, FBI Director Louis Freeh was doing every thing he could to shut me down including coming at me with proposed criminal charges, referrals for fitness for duty (psych evals), destroying my career, moving me around the lab like a rag doll, ruining my wife's career. This man has no conscience and he is accusing Penn State managers of not taking any steps. He ought to be ashamed. Before the lab scandal is over you will find that Freeh was right in the middle of it. He did EXACTLY what the Penn State folks did.”

The task force remained operational for years, but is generally thought to have done virtually nothing to identify or alleviate the conditions of thousands sent to prison on the basis of faulty forensics.
Prosecutors were notified by the FBI, but judges and defense counsel were not.

The article above appeared in the pages of Prism Magazine.

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