Madrid bombings case thrown out against Oregon attorney
Court cites FBI identification error of fingerprints
Tuesday, May 25, 2004 Posted: 12:48 AM EDT (0448 GMT)
PORTLAND, Oregon (AP) -- A federal court Monday threw out the case against an American lawyer once linked to the Madrid train bombings, and the FBI expressed regret for a fingerprint-identification error that led to his arrest.
The court's action lifts a cloud of suspicion that has surrounded attorney Brandon Mayfield since his arrest May 6. The 37-year-old convert to Islam sharply criticized the government after the announcement, calling his time behind bars "humiliating" and "embarrassing" and saying he was targeted because of his faith.
"I am a Muslim, an American, and an ex-officer of the U.S. military," he said at a news conference. "I believe I was singled out and discriminated against, I feel, as a Muslim."
FBI officials, speaking on condition of anonymity, had said that Mayfield's fingerprint matched one found on a bag of detonators near the train station in Madrid in the March 11 bombing, which killed 191 people and injured 2,000 others. But last week, Spanish authorities said the fingerprints of an Algerian man were on the bag.
Robert Jordan, the FBI agent in charge of Oregon, said the agency "regretted" any hardship caused by the arrest, and said the bureau would review its practices on fingerprint analyses.
Jordan said the FBI's initial determination about Mayfield's fingerprint was "based on an image of substandard quality."
Mayfield, a former Army lieutenant, was released from custody last week after the fingerprint announcement by Spanish authorities. But he was not altogether cleared of suspicion at the time; the government said he remained a "material witness" and put restrictions on his movements.
Those restrictions were lifted Monday.
A statement posted on the U.S. District Court's Web site said: "Due to the misidentification by the FBI of a fingerprint, the court orders the material witness proceeding dismissed. The court orders all property seized to be returned to the material witness."
Furthermore, the court said that all documents in the case would be unsealed.
One of the documents, an affidavit filed by FBI Special Agent Richard K. Werder in support of the material witness arrest warrant, sheds some light on the case.
After a fingerprint analysis of the detonator bag, Werder said he was "advised that the FBI lab stands by their conclusion of a 100 percent positive identification."
The affidavit also notes that Mayfield's wife, Mona, was born in Egypt, and that Mayfield represented Jeffrey Leon Battle in a child custody case. Battle later was among a group of Portland men who pleaded guilty to conspiring to help al-Qaida and the Taliban fight U.S. forces in Afghanistan.
The document also notes one phone call between Mona Mayfield and Pete Seda, also known as Perouz Sedaghaty, the director of the U.S. office of the Al-Haramain Islamic Foundation in Ashland. The Bush administration has designated the foundation as a terrorist organization.
Steven Wax, the public defender who represented Mayfield, said Mayfield may sue the government. Lawyers for Mayfield also said they would call for an investigation into leaks to the media in the case, as well as a probe into FBI actions, and how the fingerprint could have been misidentified. A gag order had been in place in the case.
Mayfield's mother said the family wants an apology from the U.S. government.
"That's what we've been saying all along. It's not his fingerprint," said AvNell Mayfield of Hutchinson, Kan. "He was falsely accused, and they still weren't letting him go."
The family erupted in joy after the announcement, with Mayfield's son and brother giving each other high-fives in the living room of his home.
"They're dancing and clicking their heels," Avnell Mayfield said.
Whoops.
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Thats pretty sad, they put this guy in jail for 14 days based on a photocopy of a fingerprint. His reputation has been trashed, and his life fucked for the forseable future. Yet, the FBI gets to speak about the issue anonymously.
"Show me an angel and I will paint you one." - Gustav Courbet
"Quetzalcoatl, plumed serpent of the Aztecs... you are a pussy." - Stephen Colbert
"Really, I'm jealous of how much smarter than me he is. I'm not an expert on anything and he's an expert on things he knows nothing about." - Me, concerning a bullshitter
TrailerParkJawa wrote:Thats pretty sad, they put this guy in jail for 14 days based on a photocopy of a fingerprint. His reputation has been trashed, and his life fucked for the forseable future. Yet, the FBI gets to speak about the issue anonymously.
Just curious, but how was his reputation trashed if he was released as the result of a fingerprint correction? He was declared innocent as far as the FBI can tell, and he'd innocent until proven guilty. I think the FBI owes him some money for those 14 days, but I don't really see how this will hurt his reputation, since the FBI said that he didn't do it.
TrailerParkJawa wrote:Thats pretty sad, they put this guy in jail for 14 days based on a photocopy of a fingerprint. His reputation has been trashed, and his life fucked for the forseable future. Yet, the FBI gets to speak about the issue anonymously.
Just curious, but how was his reputation trashed if he was released as the result of a fingerprint correction? He was declared innocent as far as the FBI can tell, and he'd innocent until proven guilty. I think the FBI owes him some money for those 14 days, but I don't really see how this will hurt his reputation, since the FBI said that he didn't do it.
There are many who were proven innocent after being accused of something they didn't commit,but still some will think he or they have done something to justify their arrest.
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reply: O.J Simpson.
Sure, it's different, because everyone thinks he's guilty. Technically, though he's innocent. Sort of a bad example. but you know what I mean. Luckily, though, this guy wasn't really high profile (at least I hadn't heard of him).
Back on topic, the government in this country really scares me sometimes.
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WacoKid wrote:reply: O.J Simpson.
Sure, it's different, because everyone thinks he's guilty. Technically, though he's innocent. Sort of a bad example. but you know what I mean. Luckily, though, this guy wasn't really high profile (at least I hadn't heard of him).
Back on topic, the government in this country really scares me sometimes.
Apples and oranges. If this guy had the motive, the means, and DNA evidence all over the place, but then got away with double homocide because his ultra-high priced celebrity scumbag lawyers went and played the race card, I'd expect his reputation to be ruined despite being "innocent". However, this situation isn't remotely similar.
"Show me an angel and I will paint you one." - Gustav Courbet
"Quetzalcoatl, plumed serpent of the Aztecs... you are a pussy." - Stephen Colbert
"Really, I'm jealous of how much smarter than me he is. I'm not an expert on anything and he's an expert on things he knows nothing about." - Me, concerning a bullshitter
sketerpot wrote:
Just curious, but how was his reputation trashed if he was released as the result of a fingerprint correction? He was declared innocent as far as the FBI can tell, and he'd innocent until proven guilty. I think the FBI owes him some money for those 14 days, but I don't really see how this will hurt his reputation, since the FBI said that he didn't do it.
Because a lot of people will think along the lines of "no smoke without fire".
WacoKid wrote:reply: O.J Simpson.
Sure, it's different, because everyone thinks he's guilty. Technically, though he's innocent. Sort of a bad example. but you know what I mean. Luckily, though, this guy wasn't really high profile (at least I hadn't heard of him).
Back on topic, the government in this country really scares me sometimes.
Apples and oranges. If this guy had the motive, the means, and DNA evidence all over the place, but then got away with double homocide because his ultra-high priced celebrity scumbag lawyers went and played the race card, I'd expect his reputation to be ruined despite being "innocent". However, this situation isn't remotely similar.
WacoKid wrote:Sure, it's different, because everyone thinks he's guilty. Technically, though he's innocent.
Wrong. Even if we leave aside the civil trial, a verdict of "not guilty" does not mean he was found innocent. It only means they found that there was insufficient evidence to convict. You are employing a false-dilemma fallacy.
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If he stays in the region, he'll not be too affected by stigma and such. People here are fucking pissed off about this whole situation. He's got pretty incredible public sympathy right now.
After a fingerprint analysis of the detonator bag, Werder said he was "advised that the FBI lab stands by their conclusion of a 100 percent positive identification."
That's one of the problems with fingerprint analysis: FBI always promoted that it is 100% secure, but they never provided evidence. I don't think there ever was a scientific study on the reliability, but it is still treated as a science. This is a problem in cases that are build largely around fingerprint evidence. I know it's very reliable, but it's not 100%, which is what many police agencies claim.
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Wrong. Even if we leave aside the civil trial, a verdict of "not guilty" does not mean he was found innocent. It only means they found that there was insufficient evidence to convict. You are employing a false-dilemma fallacy.
He is assumed to be innocent unless it can be conclusively proven that he is guilty. Thus, according to the American legal system, if he cannot be found guilty he is innocent.
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Just curious, but how was his reputation trashed if he was released as the result of a fingerprint correction? He was declared innocent as far as the FBI can tell, and he'd innocent until proven guilty. I think the FBI owes him some money for those 14 days, but I don't really see how this will hurt his reputation, since the FBI said that he didn't do it.
