| BALTIMORE — A report by the
Department of Justice inspector general’s office details
“credible evidence of serious misconduct” by Federal Bureau
of Investigation (FBI) agents investigating the death of
federal prosecutor Jonathan Luna more than two years ago.
The report, obtained by The Baltimore Sun and
authenticated to the newspaper by the FBI, provides
previously undisclosed details about the frantic first
days of the Luna investigation, which was conducted by the
FBI’s Baltimore field office.
Luna’s body was found Dec. 4, 2003, face down in a
shallow stream in rural Lancaster County, Pennsylvania. He
had suffered 36 stab wounds, most of them superficial, but
an autopsy determined he died by drowning. His
blood-spattered car was idling nearby.
According to published reports, some investigators
believe the 38-year-old prosecutor took his own life —
pointing out that he had been asked to take a polygraph test
as part of an investigation into about $36,000 in missing
evidence from a bank robbery case that Luna prosecuted.
FBI spokeswoman Carla McIntosh said Saturday that
investigators are still considering suicide, premeditated
murder or a random act of violence as possible causes of
Luna’s death.
The inspector general’s report does not accuse the FBI of
bungling the investigation to the point that the probe into
Luna’s death was compromised.
But it faults FBI agents for the way they questioned one
of their own about rumors of an affair between the female
agent and Luna.
The female agent later filed an internal complaint
charging that the FBI’s then-acting special agent in charge
of the Baltimore division, Jennifer Smith Love, improperly
ordered two agents to interrogate her and approved an
illegal search of her computer, according to the report.
The FBI’s internal investigators found that the
interrogation of the female agent did not include the
investigators assigned to lead the probe into Luna’s death.
The female agent — identified in the report as “Agent Smith”
to protect her identity — had been ruled out as a likely
suspect, and the interview caused dissension in an office
already operating under tremendous strain, the report said.
However, the report said senior FBI officials cleared
Love, as well as the two agents who conducted the
interrogation, of misconduct and took no disciplinary
action.
About two months later, in August 2004, the inspector
general’s office opened its own investigation. The probe
eventually found enough “credible evidence” of wrongdoing to
conclude that the case should have been sent through the
FBI’s formal disciplinary process, rather than handled as a
mere job performance issue.
“There was at least something there that should have been
investigated more,” Bruce Gebhardt, who was the FBI’s deputy
director during the initial investigation, told The
Baltimore Sun.
The report focuses on the actions of Love, acting
assistant Special Agent in Charge Linda Hooper and Special
Agent Marina Murphy. It reached no final conclusion about
whether the three agents did anything wrong.
But the report criticized the FBI officials for ending
their internal investigation too quickly. Even before the
inspector general’s office completed its investigation in
February, two of the three agents were promoted, including
Love, who was made a section chief in the FBI’s
counterterrorism division in Washington.
The FBI confirmed to The Baltimore Sun last Friday that
the agents, including Love, were investigated again after
the inspector general report was finished.
In a prepared statement, FBI officials in Washington said
they followed through on the inspector general’s
recommendations and referred the case to the FBI’s Office of
Professional Responsibility.
“As a result, the actions of several employees were
examined, and while no misconduct was found, performance
issues were identified and for the on-board employees,
remedial action was taken,” the statement said. FBI
officials declined to elaborate on the remedial action.
In a prepared statement, Love denied the “false,
malicious” accusations, saying she had been formally cleared
of any wrongdoing.
Hooper, who is retired, could not be reached for comment
by The Baltimore Sun. Murphy, who is still in the Baltimore
office, did not return a call.
Murphy and Hooper were not the lead investigators in the
Luna case. But they conducted a lengthy interview with Agent
Smith, who never became a suspect in Luna’s death.
FBI agents spoke to everyone listed in Luna’s personal
digital assistant service, but Smith was targeted for a
follow-up interview. The inspector general wrote that it was
unclear who selected Hooper and Murphy to speak with Smith.
Love said the idea came from Peter Brust, who supervised the
Luna investigation. But Brust disputed that account, saying
he told Love that a second interview would be “irrelevant,”
according to the report.
Smith said Hooper and Murphy accused her of being
“sexually aggressive, advertising her sexual availability
within and outside the FBI, and of having inappropriate
personal and sexual relationships with married” federal
prosecutors, according to the report.
When Hooper and Murphy talked to internal investigators,
they denied the charge but acknowledged that they asked
Smith about her “flirting.”
Smith gave the FBI permission to search her personal
laptop and PDA but then revoked her consent after talking to
an attorney. The FBI searched her laptop anyway, the report
said. Several witnesses told investigators that Hooper
pushed for the search despite knowing about the revocation.
Hooper denied the allegations, according to the report.
The report says Smith told investigators that she and
Luna had worked together on four cases. They also worked out
at the same Baltimore health club and socialized in group
settings. Their relationship, Smith said, had always been
“professional and appropriate.” |