August 17

FLORIDA:

The government took its time--nearly a year--to tell Brett Bogle that
part of the reason he is on death row may be because the FBI Crime
Laboratory got it wrong.

As far back as last September, the government knew that a key piece of
evidence--a single strand of hair--had been misidentified by FBI examiner
Michael Malone. But that crucial bit of information was not turned over
to Bogle until recently and now he plans to use it to win himself a new
trial.

Bogle is locked inside the death house in Raiford, alone in his cell with
his artwork, his John Grisham paperbacks and his radio tuned to country
and western music.

He was 22 years old when he was arrested in 1991 for raping and killing
his girlfriend's sister outside a bar near Tampa.

At his trial, Malone testified that 3 hairs found on Bogle's clothing
belonged to the victim: 2 head hairs and 1 pubic hair. The pubic hair
tied Bogle to the rape. And, since the victim was raped before she was
murdered, the jury sentenced Bogle to die.

After the crime lab scandal broke, the FBI sent Malone's analysis to an
independent scientist, who reported on Sept. 13, 1999, that the pubic
hair was actually a 3rd head hair from the victim. The scientist also
concluded that Malone's work was not adequately documented, and his
testimony was inconsistent with his lab notes.

On Oct. 21, the crime lab task force in Washington sent the new findings
to local prosecutors in Tampa. There they sat on a shelf for 9 months,
until Assistant State Atty. Sharon M. Vollrath notified defense lawyer
Terri L. Backhus on July 12.

Why the delay? Vollrath declined to say.

Backhus was pleased about the new evidence. "I was so happy," she said,
"I called everyone who would listen." She also is frustrated with the
government. "It does make us angry. My guy is sitting on death row while
all this is going on."

Bogle, understandably, does not care much for the FBI or its crime lab.

"This was supposed to be the best forensics lab in the world," he said.
But he relishes the thought of someday being free. "I hope to be walking
out of here by the end of next year," he said with a smile.

(source: Los Angeles Times)