Grassley's most recent request for information from the Department of Justice was made Monday in a letter to Attorney General Eric Holder.  The Department of Justice and FBI last week announced a broad review of criminal cases where defendants may have been wrongly convicted because of flawed forensic work in the FBI crime lab following investigative reporting by The Washington Post that indicated that "sloppy" and "unreliable" work may have led to the incarceration of hundreds of innocent people, and that a 2004 review by the Department of Justice didn't go far enough in identifying potential cases of wrongful convictions.

Grassley also had made a request for information from FBI Director Robert Mueller in May, with Senator Patrick Leahy, but the FBI has not responded.

"I'm glad the Department has decided to conduct a more expansive review, but I also want to make sure the wider review avoids mistakes made by a previous task force," Grassley said.  "We still don't have a full accounting of the findings of the previous task force, so my oversight remains focused on accountability and making sure the forensic science system in this country is as good as it can be."

In 1997, Grassley took on the cause of Dr. Frederic Whitehurst, an FBI crime lab scientist who risked his career to come forward with allegations about wrongdoing in the FBI crime lab, which called into question the scientific integrity of the lab and the thousands of prosecutions that relied on evidence it processed.  For his effort, Whitehurst was retaliated against by the FBI.  Ultimately, however, Whitehurst's disclosures resulted in an independent investigation that recommended lab changes, including accreditation by an outside body.

"Thanks to the actions of Dr. Whitehurst, cases where faulty procedures, flawed analysis, and improper testimony were given were reviewed," Grassley said.

Click here to see Grassley's July 16, 2012, request for information from the Attorney General.

Click here to see Grassley's May 21, 2012, request for information, with Leahy, from the FBI Director.

Grassley's statement from this morning's Judiciary Committee hearing is below.

Prepared Statement of U.S. Senator Chuck Grassley

Ranking Member of the Senate Committee on the Judiciary

Hearing on "Improving Forensic Science in the Criminal Justice System"

Wednesday, July 18, 2012

Mr. Chairman, thank you for holding this hearing.  I join you in wanting to make sure that the forensic science system in this country is as good as it can be.   This is an important subject for the Judiciary Committee to address, since forensic science is the application of science in the courtroom, designed to identify the guilty and exclude the innocent.  It's not about academic or pure scientific research.  And I'm pleased that we are able to have a consensus panel of witnesses today.

Years ago, I supported a whistleblower who exposed serious problems at the FBI Crime Lab, Dr. Frederic Whitehurst.  And he's here in the room with us today.

Dr. Whitehurst risked his career to come forward with allegations about wrongdoing in the FBI crime lab.  In the words of the Federal District Court for the District of Columbia, "Dr. Whitehurst has made a number of very serious allegations that call into question the scientific integrity of the FBI crime lab and the thousands of prosecutions that rely on evidence it has processed."    For his effort, he was retaliated against by the FBI and spent years litigating with the FBI via the Freedom of Information Act to obtain documents outlining the retaliation he faced by the FBI.

The disclosures Dr. Whitehurst made resulted in a DOJ Inspector-General investigation that recommended 40 changes to improve procedures at the Lab, including accreditation by an outside body.  Thanks to the actions of Dr. Whitehurst, cases where faulty procedures, flawed analysis, and improper testimony were given were reviewed.  Ultimately, Dr. Whitehurst's case resulted in the Justice Department creating a regulatory process for whistleblowers to adjudicate their claims.  That process is unfortunately broken and needs our legislative attention.

Additionally, more work needs to be done on the FBI crime lab and DoJ's review of past cases.  Recently, The Washington Post found that a 2004 DoJ review of flawed hair and fiber analysis at the FBI Lab didn't go far enough in identifying potential cases of wrongful convictions.  And even in cases that were identified, DoJ did not ensure that defense counsels were informed.  Mr. Chairman, you and I jointly wrote a letter to the FBI on this matter.  But almost 60 days later we have not received a response.

The FBI publicly announced last week that it was expanding its review, but our request for basic information still hasn't been answered.  On Monday, I sent another letter with further questions.  I expect answers to this serious matter to ensure that the problems Dr. Whitehurst uncovered are not continuing to this day.

So, I appreciate the importance of this hearing and the goal of improving the use of forensic science in the criminal justice system. Wrongful convictions are very rare, but they do happen.  And, flawed use of forensic science accounts for some of them.

I want to be clear that I don't think forensic science as a whole is the problem.  Forensic science has come a long way over the years.  Most important was the development of DNA testing technology.  Nowadays, we don't even need outdated forensic disciplines like hair comparison or blood matching, which account for most of the wrongful convictions due to flawed use of forensic science. Furthermore, those cases are usually the result of bad practice of forensic science, not bad science itself.

Unfortunately, there are those who claim that certain forensic sciences as a whole are invalid.  These critics usually point to one famous case or another to indict an entire discipline.  For example, after more than 100 years of critical contributions to public safety, fingerprints are now called into question because of the Brandon Mayfield incident.  The Washington Post yesterday said that there is some "uncertainty" with fingerprints as a whole.  This latest attack is similar to the attacks which questioned whether DNA analysis was valid when prosecutors first tried to introduce it in the early 1990s.

However, there is plenty of proof on the record that fingerprints are reliable.  One study completed after the Mayfield incident found a 99.9 percent reliability by FBI examiners.  And this study was published in the peer-reviewed Proceedings of the National Academies of Sciences.  That's why, as the DoJ Inspector General has pointed out, every federal court of appeals that has addressed the issue has held that fingerprints are admissible as evidence.

The criminal justice system is adversarial for a reason ? to help uncover the truth through questioning of evidence.  It is a robust system with Constitutional and other legal protections for defendants.

Unlike the adversarial system, some have recommended that we turn over forensic study to unelected and, often, unaccountable bureaucrats.

From my work in the Senate with federal government whistleblowers, I can tell you that I would trust the adversarial court system before I trusted federal bureaucrats.  What happens in a courtroom is public and claims are subject to cross-examination.  Decisions about forensic science shouldn't be made behind closed doors by unelected bureaucrats.

We've all seen how a supposedly neutral scientific regulatory agency, the FDA, handles honest disagreements ? by spying on the dissenters.  I would hate for decisions on forensic science to fall prey to the bureaucracy as well.

There are three main issues, therefore, that I want to examine in this hearing.

First, how do we improve forensic science without throwing out the baby with the bathwater?  I don't want our efforts to improve the system to call into question the hard work that has already been done ? and is being done every day ? in labs across the country.

Second, what kind of improvement will be most efficient and effective?  Should the federal government ? which has some of its own problems ? be regulating the states?  Or should it get its own house in order first?

Third, how will any changes relate to existing policies and procedures?  There is already a lot work going on to improve forensics.  The DoJ-supported Scientific Working Groups for each discipline are crafting new standards for their members.  DoJ and other entities are funding more research.  Labs are being accredited to strict national and international standards.  And prosecutors, defense counsel, and judges are learning more about how to evaluate forensic evidence.  Congress should be careful not to pre-empt that work.

At the request of the family, Rep. Braley contacts FBI Director Mueller 

Washington, DC - At the request of the family, Rep. Braley contacted FBI Director Mueller today to ask for additional assistance in the investigation to find Lyric Cook-Morrissey, 10 and Elizabeth Collins, 8 from Evansdale, Iowa.  While the FBI has offered limited resources to assist in the search so far, Rep. Braley requests that "all available FBI resources are immediately utilized as part of the search for these girls."

The girls' bicycles were found near an Evansdale Lake, but there has not been a trace of the two since Friday, July 13. At this time, the Evansdale lake is being drained in an attempt to locate the girls, but with no current results, investigators are treating the investigation as a missing child case.

"I will do everything I can to help in the investigation and bring more attention and resources to finding the girls," said Braley. "I stand with the family, Evansdale community, and all Iowans and am praying for the safe return of the two young girls."

If you, or someone you know has information about Lyric Cook-Morrissey and Elizabeth Collins, please call the Evansdale Police Department at 319-323-6682.

Braley's letter to Director Mueller can be downloaded at the following link: the full text of the letter follows: http://go.usa.gov/fDq

The Honorable Robert S. Mueller

Director, Federal Bureau of Investigations

FBI Headquarters
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

Dear Director Mueller:

I am writing to bring your attention to two missing girls from Evansdale, Iowa: Lyric Cook-Morrissey, 10 and Elizabeth Collins, 8. Five days ago, the girls' bicycles were found near a local lake. Local officials are draining the lake in an attempt to find the girls, but thus far, no trace of the girls has been found. If the lake holds no new information, officials will treat this as a missing child investigation.

By request of the family, we are asking for your assistance in helping the local government in the investigation, and for you to ensure that all available FBI resources are immediately utilized as part of the search for these girls. The family and Evansdale community are grateful for your efforts and contribution in finding these two young girls.

Sincerely,

Bruce L. Braley

Member of Congress (IA-1)

New Laws Protect Consumers from False Charges, Help them Resolve Billing and Credit Issues and Increase Utility Choice

CHICAGO - July 18, 2012. Governor Pat Quinn today continued his long history of fighting for consumers by signing four new laws that will increase protections for consumers. The new laws ban false phone charges known as "cramming," lower utility costs for consumers and help them resolve billing and credit issues to improve their credit scores. The governor was joined by Illinois Attorney General Lisa Madigan, legislators and members of the Citizens Utility Board (CUB), the consumer rights watchdog group founded by Governor Quinn 30 years ago.

"When everyday people work together for the common good, we can improve our state," Governor Quinn said. "We need to keep fighting for consumer rights in Illinois and ensure those rights are protected from those who would take advantage of them."

House Bill 5211, sponsored by Rep. Kelly Burke (D-Evergreen Park) and Sen. Dave Koehler (D-Peoria), would ban third-party vendors from charging customers for unwanted services, a practice known as cramming, starting Jan. 1, 2013. The bill was an initiative of the Attorney General's office, which found vendors using deceptive sales pitches and placing unauthorized charges on consumers' phone bills for things they never intended to buy including calling cards, voice mail service, credit repair services, extended warranties and toll-free numbers for free long distance service.

Most often, these charges range from $10 to $45 dollars and go undetected because consumers do not pay attention to all the details in their phone bills. According to the Attorney General's Office, phone bill "cramming" is a $2 billion a year business. An estimated 15 to 20 million American households receive at least 300 million third-party charges on their bills each year. Only about one out of every 20 cramming victims becomes aware of the charges.

"Today we can finally put an end to a pervasive scam that has allowed phone companies to rake in $2 billion a year by 'cramming' charges on subscribers' bills for unwanted and unused services," Attorney General Lisa Madigan said. "Far too many consumers have opened their monthly phone bills to find bogus charges they never authorized. I applaud the governor for his support of this law to stop to our phone numbers being used as credit cards by scammers."

"This is an important measure to save consumers from hassle," said Rep. Burke. "This new law will prevent lots of businesses, nonprofits and everyday citizens from encountering this practice."

"No one should have to pay for services they don't want and didn't order," said Sen. Koehler.  "The fact that 'cramming' scam artists target seniors and other vulnerable Illinois residents makes me especially proud that we are outlawing this practice."

Governor Quinn also signed three additional laws to require utilities to notify credit-reporting bureaus when billing issues have been resolved and allow townships to aggregate power purchasing, which will increase competition and lower costs. The new laws are designed to lower utility costs for consumers and help them resolve billing and credit issues.

House Bill 5025, sponsored by Rep. Joe Lyons (D-Chicago) and Sen. John Mulroe (D-Chicago) will help consumers resolve negative action on their credit scores by requiring public utilities to notify credit reporting agencies when a customer has paid off their outstanding balances in full. This measure will allow utility customers to be more quickly relieved of pressure from collection agencies and help them improve their credit scores. The law goes into effect Jan. 1.

Senate Bill 3170 sponsored by Rep. JoAnn Osmond (R-Antioch) and Sen. Suzi Schmidt (R-Lake Villa), allows townships to participate in electrical aggregation the same way counties and municipalities can under current law. Aggregation allows for greater group energy purchasing, which increases competition and lowers costs for consumers. According to the Illinois Commerce Commission, more than 90 municipalities have become power aggregators since 2010, which has allowed for greater consumer savings. The law goes into effect immediately.

Senate Bill 3811, sponsored by Rep. Karen May (D-Highland Park) and Sen. Don Harmon (D-Oak Park) protects the ability of certain groups to continue to benefit from "net metering," which allows customers who generate their own renewable energy to sell excess power back to an electricity provider. The new law takes into account the increased aggregation and alternative energy sources more Illinois communities are now using. The measure provides that net metering customers will be treated equally regardless of the competitiveness of their local energy market. The law goes into effect immediately.

Video by Luther College highlights positive impact of clean energy in Decorah, Iowa

WASHINGTON - Today, the U.S. Energy Department launched the "Clean Energy in Our Community" video series, which will feature small communities throughout the country that are striving to become more sustainable, are investing in the green economy, and are bringing the benefits of clean energy to local residents and workers.  The Energy Department kicked off the series with a video from Luther College that highlights how Decorah, Iowa is benefiting from the projects undertaken by the college to reduce their energy consumption and deploy clean, renewable energy projects campus-wide.

"'Clean Energy in Our Community' will highlight small communities around the country working to promote clean renewable energy initiatives and how our colleges and universities in particular play a critical role in shaping our communities and driving America's clean energy economy," said U.S. Secretary of Energy Steven Chu.  "Luther College and Decorah, Iowa, are great examples of how our local communities can help lead the way in making sure that America wins the global clean energy race."

Many community partnerships are emerging due to the American College & University Presidents' Climate Commitment. This commitment requires signatory colleges and universities to make sustainability a part of every student's learning experience and to achieve carbon neutrality at some point in the future.  The program has had broad impacts not only on the college and university campuses involved, but also in the communities as a whole.

For example, the Luther College Board of Regents recently committed the school to cutting its carbon footprint in half by 2015 and to achieve carbon neutrality by 2030.  Luther has already reduced its carbon footprint 22% through various energy efficiency initiatives. Now it is investing in clean renewable energy.  Last fall, Luther installed a 1.6 megawatt wind turbine.  This summer Luther established the largest zero-emission facility in Iowa by using a 280 KW solar field to power a 100 plus student residential housing complex that uses geothermal energy to heat and cool the facility. Luther has also created an Office of Sustainability that helps the college prioritize projects to meet its goals.

"To work toward carbon neutrality, the college will evaluate additional major initiatives, including investments in LED lighting technology, centralized or decentralized cogeneration of electricity and heat, as well as more use of solar thermal and solar electric technologies," President Richard Torgerson, Luther College said. "Advances in new technologies, coupled with conservation initiatives, will play a major role in achieving these ambitious goals."

The wider community has embraced Luther's investments in energy efficiency and renewable energy.  The City of Decorah only has a population of 8,000 people but many residents, businesses, and non-profit institutions have been taking steps to make the community more sustainable.  The city has three Energy Star Certified Buildings and several others may soon become certified.  In addition, the recently created Winneshiek Energy District has helped area residents invest more than $1 million dollars in energy efficiency programs over the past two years.

The Energy Department is committed to supporting communities like Decorah as they invest in clean renewable energy that reduces carbon pollution, creates local jobs and helps to drive local economies.  This series will help connect and feature our small communities nationwide that are investing in clean energy and playing a role in making sure the United States leads the world in the global race for the green jobs of the future.

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