Rocky Flats Individual Targets’ Attorneys letter of May 2, 1991

Rocky Flats Individual Targets’ Attorneys letter of May 2, 1991

The US government did not intend for the depicted letter and its contents to be made publicly available.

A copy of the May 2, 1991 letter from Ken Fimberg to Peter Murtha, Bill Smith and Jon Lipsky regarding “Individual Targets’ Attorneys.” The letter identifies the attorneys representing Rocky Flats individual targets.

On May 18, 1991 the Rocky Mountain News published its “Target Letters’ Sent in Flats Probe.” (Linked report for educational purposes).

The depicted “Individual Targets’ Attorneys” letter was provided by the Congressman Howard Wolpe (D-MI) Subcommittee (1992-1993), as part of its oversight responsibilities under Rule 26 of the Science, Space, and Technology Committee, the Investigations and Oversight Subcommittee was conducting a series of investigative hearings to review the concluded federal criminal case against Rockwell, Inc., resulting from its activities at the Rocky Flats nuclear plant. (See Congressman Wolpe’s letter to Jon Lipsky dated August 27, 1992).

“So, despite the requirements of the US Attorney’s Manual, the Rocky Flats Grand Jury investigation wasn’t a complete investigation of the criminal acts of Rockwell or the Energy Department at the Plant?” (Page 188, The Ambushed Grand Jury non-fiction and non-profit book). See Endnote 122 information below.

Endnote 122, Chapter 12, pages 270-271: The US Attorney’s Manual requires prosecutors to conduct a complete
investigation before settling charges. Also, as Ken Fimberg was to acknowledge in an affidavit filed in Cypher vs. United States, Civil Action 91-W-171, USDC, Colorado, 1991, a case where one of the Rockwell workers had sued him for harassment, the United States Supreme Court has ruled that “[a] grand jury investigation is not fully carried out until every
available clue has been run down and all witnesses examined in every proper way. . . .” The documentation that the prosecutors decided not to charge any individuals before the investigation had even been completed is found in
testimony from Jon Lipsky at Vol. III, 30-39, and 62, in the Wolpe report. High-level Energy Department officials had not been interviewed even as of 30 April 1991. See, Norton, in Vol. I, 1063 and Vol. III, 306, and an internal EPA memo from William Smith concerning a Sixteen Month Status report on the case, 30 April 1991, Vol. I, 1133. The proffers from targets
did not occur until the summer of 1991. Vol. III, 137.

May 2, 1991 US Department of Justice letter.