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| Falsely imprisoned, men sue FBI
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Pair allege that he held back evidence
By GRETCHEN SCHULDT
of the Journal Sentinel staff
Last Updated: Aug. 19, 2001
Two men who spent more than eight years in prison after being wrongly
convicted of bank robbery are now suing the man they say is responsible
for their time behind bars - Milwaukee-based FBI Special Agent Dan Craft.
Francis Bolduc and Francis Larkin allege in their suit that Craft
did not turn over to defense attorneys reports in which eyewitnesses identified
other men as those who tried to rob the Southgate branch of what was then
First Wisconsin Bank on June 28, 1988.
"They had to solve this case," Larkin said in a phone interview
Friday from Massachusetts. "They had nobody else."
Craft also remained silent when a witness falsely testified in court
that she had never viewed other photographs of potential suspects before
identifying Bolduc and Larkin as the bank robbers, the suit says.
In fact, she had picked out other men from a photo pack as the robbers,
the men's lawyer said.
"I just couldn't figure out how he could do this to people," Larkin
said. "I guess he thought we were fair game because we had police records."
FBI Special Agent Cathy Fahey, spokeswoman for the agency's Milwaukee
office, declined Friday to comment on the lawsuit, which also names the
federal government as a defendant.
In the late 1980s, authorities believed two Milwaukee bank robberies
were part of a nationwide string of 28 "trench coat robberies" - so named
because of the robbers' attire - that spanned 14 years and netted $7.8
million.
Bolduc and Larkin became suspects in the robberies here after the
FBI learned of a similar robbery in their home state of Massachusetts in
which they were suspects but were not convicted.
Bolduc and Larkin were convicted in 1991 of the Milwaukee holdup.
The trench coat robberies continued, but authorities said that Bolduc
and Larkin were part of a larger gang.
Larkin said he got over his ire and depression while in prison and
is not particularly angry at Craft.
"I really don't know what to make of him," Larkin said.
Craft previously was investigated for ignoring a Minnesota murder
suspect's requests for a lawyer during a 1999 interrogation. Dale Jenson
eventually admitted to Craft that he accidentally killed 3-year-old Jessica
Swanson in 1995 and hid her body.
Jessica had been missing for four years at the time. Law enforcement
officials had interviewed Jenson many times but could not make an arrest,
Craft testified last year in another case.
Investigators believed Craft's interview with Jenson - long the
prime suspect in the matter - was the last chance to find the girl or her
body, he said.
Craft testified that the FBI's Office of Professional Responsibility
investigated the matter, but Fahey on Friday declined to comment on the
results of the investigation.
Larkin and Bolduc's lawsuit, filed this month in federal court in
Boston, alleges Craft was responsible for bringing the bank robbery charges
against them "although he knew full well that they were innocent and that
the eyewitnesses had identified others as the guilty parties."
Before his bank robbery conviction, Larkin, now 67, had been convicted
of helping steal a $30,000 payroll and a supermarket robbery.
Bolduc, now 63, had been convicted of second-degree murder stemming
from a 1955 shooting and several armed robberies.
Both men were cleared of the bank robbery charges after William
Kirkpatrick confessed that he held up the Wisconsin banks with a partner.
U.S. District Judge Thomas J. Curran declared the Massachusetts pair innocent
in June 1999. The alleged suppression of evidence came to light when Kirkpatrick's
lawyer sent Bolduc a packet of evidence - including the previously undisclosed
reports.
Craft later had the "gall" to apologize, said attorney Stephen B.
Hrones, who is representing Bolduc and Larkin.
"There's no dispute what this guy did," Hrones said Friday. "And
he's still an agent? It's mind-boggling."
Hrones wrote to FBI Director Robert S. Mueller last week, asking
that he "look into" why Craft has not been fired.
Appeared in the Milwaukee Journal Sentinel on Aug. 20, 2001.
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