Internal ethics investigators at the U.S. Justice Department are being asked to look into the case of a man freed from prison this week after 28 years because DNA testing showed he was innocent.
The conviction of Donald Eugene Gates was based largely on the testimony of an FBI forensic analyst whose work later came under fire. Documents show prosecutors knew years ago that the discredited analyst was involved but failed to inform Gates' attorneys.
In a letter Friday to Judge Fred B. Ugast, Assistant U.S. Attorney Joan Draper said her office has referred the matter to the Justice Department's Office of Professional Responsibility.
Meanwhile, prosecutors said they no longer want to do additional DNA testing they had planned for Gates. They're asking Ugast to immediately throw out the conviction.