Flawed forensics: (Part 4): Former FBI agent and discredited expert Michael Malone: He shows up in a fascinating USA Today Network story by writer Brad Heath about the re-examination of the kidnapping and murder of Drug Enforcement Agent Enrique Camarena in 1985..."Some of the prosecution efforts began to unravel in 1997 when the credibility of the government’s key witness, and scientific testimony he introduced, came under scrutiny. Michael Malone, a longtime FBI agent and prolific expert witness, testified that hair samples taken from two suspects on trial for Camarena’s murder – Rene Verdugo and Juan Matta-Ballesteros – matched hair recovered from the guest house where Camarena was tortured and therefore it was compelling evidence putting both men at the scene of the crime. FBI scientists had made such claims for years in front of judges and juries. But those claims were wrong, not supported by forensic science. In addition, Malone had credibility problems as a witness. An internal Justice Department investigation in 1997 found that he had “testified falsely” before Congress. Years later, another Justice Department review found that he had “repeatedly created scientifically unsupportable lab reports and provided false, misleading, or inaccurate testimony at criminal trials.”

PASSAGE OF THE DAY: "Before his departure, Justice Department lawyers began reviewing hundreds of cases for which Malone had analyzed forensic evidence and asked prosecutors nationwide to help identify ones where his work had played an important role. Seventeen years elapsed, however, before prosecutors informed Verdugo that the testimony linking him to a hair found at the murder scene exceeded “the limits of science.” By then, Verdugo had been in prison for 32 years. His lawyers were livid. “Virtually every step of the way, the government has disregarded both the law and ethical standards of professional conduct in its zeal to make an example of Rene Verdugo,” one of his lawyers, John Lemon, wrote in a 2018 court filing after a federal judge threw out both convictions. "Seventeen years elapsed, however, before prosecutors informed Verdugo that the testimony linking him to a hair found at the murder scene exceeded “the limits of science.” By then, Verdugo had been in prison for 32 years."

----------------------------------------------------------------

PUBLISHER'S NOTE: "Recently as I was reading the  fascinating story of a further investigation of the kidnapping and murder of  Drug Enforcement Agent Enrique Camarena in 1985, my eyebrows shot up  at least three inches as I read the name  of  former longtime FBI agent and hair matching expert Michael Malone, who has been linked to countless wrongful prosecutions. As writer  Brad Heath notes: "FBI scientists had made such claims for years in front of judges and juries. But those claims were wrong, not supported by forensic science. In addition, Malone had credibility problems as a witness. An internal Justice Department investigation in 1997 found that he had “testified falsely” before Congress. Years later, another Justice Department review found that he had “repeatedly created scientifically unsupportable lab reports and provided false, misleading, or inaccurate testimony at criminal trials. Heath's fascinating article deserves to be read in its entirety. However, for a 'taste', here  is the author's reference to Malone.

Harold Levy: Publisher: The Charles Smith Blog.

-----------------------------------------------------------------------

STORY: "Killed by a cartel. Betrayed by his own? US re-examines murder of federal agent featured in ‘Narcos,’  by Brad Heath, published by USA TODAY on February 27, 2020. (Brad Heath is the justice and investigations editor for USA TODAY in Washington, where he writes about law and criminal justice. He is a member of the Virginia bar.)

SUB-HEADING: "Federal authorities assess new witness claims that a DEA official and CIA operative were tied to DEA agent Enrique Camarena's 1985 murder in Mexico.

GIST:   Cases fall apart: "Some of the prosecution efforts began to unravel in 1997 when the credibility of the government’s key witness, and scientific testimony he introduced, came under scrutiny. Michael Malone, a longtime FBI agent and prolific expert witness, testified that hair samples taken from two suspects on trial for Camarena’s murder – Rene Verdugo and Juan Matta-Ballesteros – matched hair recovered from the guest house where Camarena was tortured and therefore it was compelling evidence putting both men at the scene of the crime. FBI scientists had made such claims for years in front of judges and juries. But those claims were wrong, not supported by forensic science. In addition, Malone had credibility problems as a witness. An internal Justice Department investigation in 1997 found that he had “testified falsely” before Congress. Years later, another Justice Department review found that he had “repeatedly created scientifically unsupportable lab reports and provided false, misleading, or inaccurate testimony at criminal trials.” Malone could not be reached for comment. He left the FBI in 1999 but remained on contract for more than a decade doing background investigations. Before his departure, Justice Department lawyers began reviewing hundreds of cases for which Malone had analyzed forensic evidence and asked prosecutors nationwide to help identify ones where his work had played an important role. Seventeen years elapsed, however, before prosecutors informed Verdugo that the testimony linking him to a hair found at the murder scene exceeded “the limits of science.” By then, Verdugo had been in prison for 32 years. His lawyers were livid. “Virtually every step of the way, the government has disregarded both the law and ethical standards of professional conduct in its zeal to make an example of Rene Verdugo,” one of his lawyers, John Lemon, wrote in a 2018 court filing after a federal judge threw out both convictions.

Seventeen years elapsed, however, before prosecutors informed Verdugo that the testimony linking him to a hair found at the murder scene exceeded “the limits of science.” By then, Verdugo had been in prison for 32 years.

In late 2018, federal prosecutors made their decision not to re-try the men. They dropped the murder case against Matta, although he remains in prison on a drug trafficking charge, and agreed to let Verdugo plead guilty to a reduced charge and be deported to Mexico."

The entire story can be read at:
https://www.usatoday.com/in-depth/news/politics/2020/02/27/enrique-camarena-dea-agent-murder-narcos-mexico/2566023001/
 

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

-----------------------------------------------------------------

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

------------------------------------------------------------------