Kathleen Lundy testified in Robert Trease

JUNK SCIENCE

Based Upon New Evidence of Junk Science and Innocence (hereinafter “Innocence

Motion) on April 7, 2008, raising this FBI lead analysis issue.

metallurgy testified to by the expert FBI agent.

Kathleen Lundy testified at trial that she had been a scientist for the
FBI for eleven years specializing in compositional analysis of bullets and shot
pellet lead. She had a Bachelor of Science in metallurgy and had taken
graduate courses as well, and she had daily training and other course,
conference and seminar attendance. She said that she had testified before as
an expert, and explained the so-called science of her field. Trial transcript,
pp. 2412-16. She explained that she was able to tell by testing whether bullets
had the same elemental composition which would suggest that they were
manufactured at the same time and place and could end up in the same
“boxes.” Trial transcript at 2414.

She then testified that the bullet fragments found at the scene matched a
bullet removed from a 9 mm Glock pistol in Mr. Trease’s possession. She
testified that the fragments and the bullet were “analytically
indistinguishable” and were manufactured from the same source of lead.
Trial transcript 2421. Thus, Mr. Trease’s gun, loaded with these bullets, shot
the victim.

The State argued to the jurors that this metallurgy corroborated Hope
Siegel. The prosecutor argued that the bullet that killed the victim was fired

from “that gun....The FBI told you that. You heard the metallurgy.” Trial
transcript at 2704 (emphasis added). The prosecutor argued that “Hope Siegel
testified truthfully.....everything she said we could corroborate.” Trial transcript at
2699. He continued:

It’s corroborated by what was found in her car. Remember this shell
casing was found underneath the seat of her pickup truck. This shell
casing is a Federal brand which the FBI told you was the brand used
to kill Mr. Edenson, and this shell casing was fired from this weapon.
This shell casing was found in her car, again, evidence of
corroboration.

Id. at 2700.

In fact, we now know that the “metallurgy” corroborated nothing. It has
now been revealed that the FBI has not just discontinued the use of what is called
compositional bullet lead analysis (CBLA), but in fact recognized that the finding
of a compositional match between a lead fragment and a box of bullets has no
meaning.

The lower court refused to consider this new evidence.