U.S. District Judge Lynwood Smith has agreed to a defense request to review the handwritten notes, used to compile witness statements in a Birmingham abortion clinic bombing investigation, for inconsistencies Eric Rudolph's attorneys say are just the "tip of an iceberg."

Judge Smith ruled that he will examine the FBI agents' notes in his office and then decide whether Rudolph's lawyers will be allowed to see the notes. Rudolph faces the death penalty on charges he was responsible for a 1998 explosion that killed a police officer and critically injured a nurse outside a abortion clinic.

The ruling was considered a major victory for the defense which has maintained that the only evidence the government has linking Rudolph to the bombing has been contradicted by the government's own witnesses.

"Only upon such a review of these 15 examples can the court determine whether the `tip of an iceberg' has been reached," Judge Smith said. The defense had requested to see all agents' notes, but Smith said he would look at only a limited number.

See AP report: Judge to Review FBI Notes in Alabama Abortion Clinic Bombing Case

Background: The Eric Rudolph Case
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