RESPONSE BY: UNITED STATES ATTORNEY'S OFFICE , DISTRICT OF NEW JERSEY, TO SECTIONS H1 AND H6: YU KIKUMURA AND CONLON CASE, (February 20, 1997)
U.S. Department of Justice
United States Attorney
District of New Jersey
Federal Building - Room 502
970 Broad Street
Newark, New Jersey 07102
201/645-2700
February 20, 1997
Hon. Michael R. Bromwich
Inspector General
U.S. Department of Justice
10th & Pennsylvania Avenues, NW
Washington, D.C. 20530
Dear Mr. Bromwich:
Pleaee accept this letter regarding the draft report of your investigation into allegations of misconduct relating to certain sections of the FBI Laboratory. Two sections of the draft report related to cases handled by this Office: the Yu Kikumura and Conlon cases.
Former AUSA John Lacey reviewed Section H1 regarding the prosecution of Yu Kikumura. Subsection D addresses claims that Thomas Thurman testified improperly about the possible use of other materials in explosive devices. In particular, the report addresses Thurman's testimony that the finding of three prills of ammonium nitrate in a paper bag indicated that the person "likely had a much larger quantity of ammonium nitrate." The draft report concludes that Thurman should have said such a conclusion was 'logical" but not "likely." It should be clear that one would not purchase three prills of ammonium nitrate, because that quantity has no useful value. Accordingly, Thurman's conclusion that it was likely there had been a much larger quantity appears accurate.
AUSA Irene Dowdy reviewed Section H6 regarding the Conlon case and found no inaccuracies in the draft.
In response to your request for information regarding access to the report, please be advised as follows: (1) Irene Dowdy reviewed the draft report on the Conlon case in my office on February 13, 1997, and at no other time; (2) John Lacey reviewed the draft report on the Kikumura case in my office on February 20, 1997, and at no other time. I was the only other individual who had access to the report. If you need a more formal submission on this issue, please do not hesitate to contact me.
Pursuant to your request, the draft report is being returned to you.
Very truly yours,
FAITH S. HOCHBERG
United States Attorney
By: STUART RABNER
Executive Assistant U.S. Attorney
Encl.
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