By Brian Carnell

Thursday, July 10, 2003

In 1992 Anthony Bragdon was convicted of assault with intent to rape and sentenced to 30 years in jail. Bragdon's conviction was recently reversed by a Washington D.C. Superior Court that found an FBI expert on fiber and hair evidence had given false testimony at Bragdon's trial.

FBI Agent Michael Malone's supervisors had been warned by a whistleblower three years prior to his testimony in Bragdon's case that Malone may have given false testimony in a previous case, but that warning went unheeded.

In Bragdon's case, the only scientific evidence linking Bragdon to the crime was fibers that were carpet fibers found on the body of the victim. Malone testified in court that the fibers were consistent with the carpet found in Malone's apartment.

In 1997, an internal Department of Justice investigation concluded that Malone's testimony to that effect was false and recommended he be disciplined. Instead Malone was allowed to retire in 1999. Not until 2001 did the government notify Bragdon's lawyers of the problems with Malone's testimony.

The major problem with Malone's testimony is that he never bothered to conduct the tests that would have determined if the carpet fibers found on the woman's clothing were the same as those from Bragdon's apartment. In addition, Malone claimed that the type of fiber found on the woman's clothing could only come from a carpet fiber, which was not true, and he failed to disclose that he found other fibers on the woman's clothing that did not match the carpet in Bragdon's apartment.

The National Whistleblower Center claims that problems like this could plague as many as 3,000 criminal cases at which FBI agents provided expert testimony.

Source:

Conviction tossed on FBI lab misconduct. Associated Press, May 28, 2007.

DOJ to Open its Brady Task Force Files Overturned Conviction Brings New Questions to Light. Press Release, June 5, 2003, National Whistleblower Center.

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