"A top FBI forensic expert who
helped cement the case against David Eastman was embroiled in an
explosive misconduct probe that was scathing of his competence and
reliability. Fairfax Media can also reveal that federal
police and Commonwealth prosecutors may have known of serious concerns
about the FBI examiner's credibility since 2000, but did not pass it on
to Eastman, who spent 19 years behind bars on a now-quashed murder
conviction. The FBI's chemistry toxicology unit chief Roger Martz worked on
some of the US' biggest cases in the 1990s; the 1993 World Trade Centre
bombing, the OJ Simpson murder trial, the Oklahoma city bombing, and the
VANPAC mail bomb assassination of a US judge. ACT prosecutors called Mr Martz as a witness at Eastman's 1995 trial, where he helped bolster the now completely discredited work of Robert Barnes,
a Victorian forensic expert who used flawed gunshot residue analysis to
link the accused to the scene of Assistant Australian Federal Police
Commissioner Colin Winchester's murder. But less than a year
after the trial, Mr Martz and a group of colleagues became the target of
an investigation of flawed FBI Laboratory practices, conducted by the
US Department of Justice's Office of the Inspector-General. Its final 1997 report found Mr Martz's work was "deficient",
that he "lacked credibility and judgment", gave "misleading" evidence,
tended to overstate findings, departed from bureau protocols, and failed
to use proper thresholds for scientific proof. It found Mr Martz
was not fit to be a unit chief, and recommended the bureau either
closely monitor him, or find him a job outside the FBI Laboratory. There
is so far nothing directly suggesting his work on the Eastman case was
flawed. A fellow FBI examiner appears to have reviewed Mr
Martz's analysis of physical evidence relating to the case in 2007, and
found it was done in a "scientifically acceptable manner". But the
revelations raise serious questions about why Eastman's legal team were
never made aware of the US government's damning assessment of Mr Martz. The
lack of disclosure denied the defence a major opportunity to probe Mr
Martz's Eastman work themselves, or raise it in any of the successive
appeals or inquiries that have been held since the conviction. It
is also unclear why, despite an exhaustive range of subpoenas, nothing
about Mr Martz's problems was produced to the 2014 Martin Inquiry into
Eastman's conviction. The DPP has placed Mr Martz on the witness
list for the potential retrial of Eastman, but it is unclear whether he
will be called. Eastman's defence are now privately demanding to
know what the ACT Director of Public Prosecutions, Commonwealth DPP, and
AFP were told about Mr Martz, and when. Documents obtained by Fairfax Media
show US authorities were trying to alert the Australian government
about Mr Martz through the US Embassy's legal attache as early as 2000,
making a second attempt in 2005. .........More recently,
the US Department of Justice wrote to the Australian Attorney-General's
Department, warning again about their concerns with Mr Martz. The
US government, in September last year, asked that the information be
passed on to prosecuting authorities so they could decide whether Mr
Martz's evidence was relevant, and whether "the defense was apprised of
the 1997 [Office of the Inspector-General] report". The text of the report was damning of Mr Martz. It read: "Based
on our investigation, we conclude that Roger Martz lacks the
credibility and judgment that are essential for a unit chief,
particularly one who should be substantively evaluating a range of
forensic disciplines," "We found Martz lacking in credibility
because, in matters we have discussed above, he failed to perform
adequate analyses to support his conclusions and he did not accurately
or persuasively describe his work." "We recommend that Martz not
hold a supervisory position. The Laboratory should evaluate whether he
should continue to serve as an examiner or whether he would better serve
the FBI in a position outside the Laboratory. " The problems with Mr Martz may be explored in the current stay application before the ACT Supreme Court. That stay application has been launched by Eastman to try to prevent a second trial for Mr Winchester's murder."