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UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA ) ) ) ) ) ) ) ) )

v. THOMAS J. BARTELHO, DEFENDANT

CRIMINAL NO. 95-29-P-H

PROCEDURAL ORDER Chief Judge Singal has referred to me a letter of July 23, 2008, from the U.S. Attorney's office enclosing a May 27, 2008, letter from the acting director of the FBI Laboratory concerning FBI testimony in United States v. Bartelho, Criminal No. 95-29-P-H, concerning bullet lead analysis. I presided at the trial in that case and sentenced the defendant. The FBI's May 27 letter was

inappropriately copied to the Maine Superior Court (Cumberland County) rather than this court. The letter states:
After reviewing the testimony of the FBI's examiner, it is the opinion of the FBI Laboratory that the examiner overstated the significance of the results of the examinations conducted, possibly leading the jury to misunderstand the probative value of the evidence.

A copy of this letter is attached as Exhibit A. The defendant Bartelho has already raised this precise issue before the United States Court of Appeals for the First Circuit in an application for leave to

file a second motion to vacate under 28 U.S.C.

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Maine Law