Whitehurst adds, "The (then) Inspector General, Michael Bromwich, has publicly spoken in anger that nothing was done beyond the IG report about Malone. There are potentially thousands and thousands of victims of this subjective practice."
However, the DOJ put together a Task Force, presumably to follow up on the IG investigation into the FBI Lab practices and to investigate and identify the other inmates convicted based on inaccurate forensic evidence. That Task Force convened for eight years (between 1996-2004) and the consensus among knowledgeable observers is that is achieved zero.
The Task Force first said it would fully examine all the cases that might have been infected by false evidence. Then they came up with about 250 cases, and announced they would only do paper reviews of the cases, not going back to examining evidence. They sent these paper assessments to the prosecutors of the respective cases, leaving it at the prosecutors' discretion as to whether to share the information with defense counsel.
As Gates's lawyers were never notified, hundreds of other defense lawyers were passed over as well.
The Task Force also consistently ignored instructions from presiding judges to send their reports up the food chain to their superiors.
Now Sandra Levick is writing to the D.C. judges requesting the assignment of a judge to sit for whatever remaining cases there are. She wrote:
"The investigation that the United States has thus far conducted (at least insofar as is known to undersigned counsel) has not been adequate to the task. It has been too narrow in scope, too one-sided in execution, and the results have been too slow in coming. Moreover, as more fully set forth in our letter of April 14, 2010 - to which the government has never responded -- the investigation and its initial results lack transparency and an opportunity for meaningful adversarial or judicial oversight."
"First, the government's investigation remains incomplete even by its own narrow terms. The United States reported on March 12, 2010, that there were "more than one hundred additional names."