Prosecutors Urged to Examine FBI Handling of Unabomber Evidence

An FBI laboratory appraisal of some Unabomber-related explosive devices suffers from so many problems that authorities need to “undertake a detailed review.” But prosecutors say they do not plan to rely on any of the disputed analysis at the trial of defendant Theodore J. Kaczynski.

The findings about the Unabomber case were contained in a massive report issued on Tuesday by the Justice Department inspector general’s office that raised questions about the integrity of the crime lab’s handling of evidence in a number of cases across the nation.

At issue in the Unabomber matter is the work of Special Agent Terry Rudolph, a senior examiner in the lab in the 1980s. His findings were cited in a 1994 scientific journal article published with the FBI’s blessings in the hope that it would spark leads during the lengthy search for the Unabomber.

Shortly after the article appeared, FBI whistle-blower Frederic Whitehurst complained that it contained false or questionable information, including the type of explosive powder found in bomb debris. Whitehurst said the lab should have addressed those concerns before publication.

The inspector general said lab officials acted properly in publishing the piece on 14 Unabomber-related blasts, given the significance of the string of bombings that date back to the late 1970s, and determined that the concerns about Rudolph’s information were “in most instances . . . well founded.”

But the report faulted the laboratory for not confirming his findings before citing them in the article. Rudolph could not be reached for comment.

Kaczynski, 54, a former math professor, was arrested a year ago at his remote Montana cabin and later pleaded not guilty to making four bombs that killed two people and injured two in California. Kaczynski is scheduled to stand trial in Sacramento in November.

Prosecutors declined to comment Tuesday, but Assistant U.S. Atty. Robert Cleary, who heads up the prosecution team, is quoted in the report as saying he doesn’t plan to rely on Rudolph’s work in pursuing his case against Kaczynski.

If the government offers evidence about explosive residues, he said, it will rely on another FBI examiner or non-FBI laboratories.

Quin Denvir, Kaczynski’s attorney, said he had no immediate comment, explaining: “We haven’t had a chance to assess the significance of the report as to the Kaczynski case.”