Judge calls for review in case of freed man

AP News
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Posted: Dec 18, 2009 6:55 PM

Investigators at the U.S. Justice Department are being asked to look into the case of a man freed from prison this week after 28 years because DNA tests showed he was innocent.

The conviction of Donald Eugene Gates in a 1981 rape and murder was based largely on testimony by an FBI forensic analyst whose work later came under fire. Documents show prosecutors knew years ago that the discredited analyst was involved but failed to inform Gates' attorneys.

Assistant U.S. Attorney Joan Draper said in a letter Friday her office has referred the matter to the Justice Department. D.C. Superior Court Judge Fred B. Ugast has asked Draper's office to review all D.C. cases in which Malone testified as well as those of 12 other analysts criticized in a 1997 report.