Kevin Fagan, Chronicle Staff Writer
Tuesday, March 22, 2011
(03-22) 15:25 PDT SAN FRANCISCO -- A federal magistrate has ordered the FBI to turn over the blackened remnants of a bomb that injured two environmental activists more than 20 years ago in Oakland - evidence one of the activists hopes will finally solve the mystery of who planted the device.
The FBI declared its intention last year to destroy the remnants of the bomb that exploded in a car carrying Earth First activists Darryl Cherney and Judi Bari, saying the case was closed. But Cherney went to court to block the destruction so he could have independent analysts inspect the bomb pieces for DNA and fingerprints.
U.S. Magistrate James Larson in San Francisco sided with Cherney on Monday, ordering federal investigators to turn over pieces from the Oakland bomb and a similar bomb that partially exploded in Cloverdale two weeks earlier to "a reliable third party custodian" for testing.
The "custodian" - a private DNA and fingerprint analyst - must be chosen by Cherney and approved by the court, Larson wrote.
Cherney's attorney, Dennis Cunningham, said he and his client will pick an analyst as soon as possible.
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