Florida Death Row Inmate’s Life Hinges on Single Hair

The government took its time--nearly a year--to tell Brett Bogle that part of the reason he is on death row may be because the FBI Crime Laboratory got it wrong.

As far back as last September, the government knew that a key piece of evidence--a single strand of hair--had been misidentified by FBI examiner Michael Malone. But that crucial bit of information was not turned over to Bogle until recently and now he plans to use it to win himself a new trial.

Bogle is locked inside the death house here, alone in his cell with his artwork, his John Grisham paperbacks and his radio tuned to country and western music.

He was 22 years old when he was arrested in 1991 for raping and killing his girlfriend’s sister outside a bar near Tampa.

At his trial, Malone testified that three hairs found on Bogle’s clothing belonged to the victim: two head hairs and one pubic hair. The pubic hair tied Bogle to the rape. And, since the victim was raped before she was murdered, the jury sentenced Bogle to die.

After the crime lab scandal broke, the FBI sent Malone’s analysis to an independent scientist, who reported on Sept. 13, 1999, that the pubic hair was actually a third head hair from the victim. The scientist also concluded that Malone’s work was not adequately documented, and his testimony was inconsistent with his lab notes.

On Oct. 21, the crime lab task force in Washington sent the new findings to local prosecutors in Tampa. There they sat on a shelf for nine months, until Assistant State Atty. Sharon M. Vollrath notified defense lawyer Terri L. Backhus on July 12.

Why the delay? Vollrath declined to say.

Backhus was pleased about the new evidence. “I was so happy,” she said, “I called everyone who would listen.” She also is frustrated with the government. “It does make us angry. My guy is sitting on death row while all this is going on.”

Bogle, understandably, does not care much for the FBI or its crime lab.

“This was supposed to be the best forensics lab in the world,” he said. But he relishes the thought of someday being free. “I hope to be walking out of here by the end of next year,” he said with a smile.