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Justice Dept. IG Reviews Mayfield Case

by TChris

How reliable is fingerprint evidence? Ask Brandon Mayfield, the Oregon lawyer who was arrested and detained as a material witness for two weeks after the FBI concluded that his fingerprints matched fingerprints found at the site of a train bombing in Spain. The Justice Department’s inspector general recently concluded that the fingerprints were “unusually similar” and that FBI lab technicians were “overly confident” of the match. (TalkLeft background on Mayfield is collected here. More information about the uncertain science of fingerprint comparison can be found in this post, and in this one.)

The inspector general also concluded that there was “no abuse of the USA Patriot Act” in Mayfield’s case, a conclusion that depends on the definition of “abuse.” As TalkLeft reported here and here, “sneak and peek” warrants were issued that permitted Mayfield’s property to be searched without his knowledge. That probably seems abusive to Mayfield, the innocent victim of the FBI’s intrusion. And the FBI's "overconfidence," which permitted it to disregard warnings from Spanish authorities that the prints didn't match, make the decision to subject Mayfield to the sneak and peek searches permitted by the Patriot Act seem even more abusive.

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    Re: Justice Dept. IG Reviews Mayfield Case (none / 0) (#1)
    by Sailor on Fri Jan 06, 2006 at 03:02:14 PM EST
    Mayfield wouldn't have been arrested if he wan't a Muslim. Even the IG admitted that. The feebies obviously knew their case was weak, otherwise they would have immediately charged him w/ a crime and not held him as a bogus 'material witness.' The judge is not blameless, he knew the fbi case was weak, but he allowed the terror hysteria to influence his decision to allow the matwit charge when he knew it was just a construct to jail the guy w/o evidence.

    Re: Justice Dept. IG Reviews Mayfield Case (none / 0) (#2)
    by Talkleft Visitor on Fri Jan 06, 2006 at 03:36:10 PM EST
    One of the crucial bits seems to be this (taken from The Oregonian story on this): The initial FBI examiner and others who later compared the prints violated several fundamental rules of fingerprint analysis. In particular, some features of the print from Spain were “adjusted or influenced” by reasoning backward from features that were visible in Mayfield’s prints. In other words, they fed a lazy and incomplete analysis of the print into a database, got some prints in response, and just somehow "magically" and "accidentally" managed to reason backward in order to get a match with someone who "just happened to be" Muslim? Yeah, right. They've still offered no proof whatsoever (although they sometimes offer assertions) that there was no identifying information attached to Mayfield's print when it popped out of their print database at them. When they offer that proof, I'll be prepared to believe something other than "oh, look, a Muslim in Portland" and then started seeing matches where there weren't any. That said, and either way, the report does indicate that an eventual knowledge of Mayfield's religion likely influenced the degree to which anyone was interested in re-examining the prints as the process wore on. The report goes so far as to say that if the print had turned out to belong to the "Maytag Repairman" the FBI probably would have moved more quickly and carefully to double-check their work. Charming.

    Re: Justice Dept. IG Reviews Mayfield Case (none / 0) (#3)
    by wg on Sat Jan 07, 2006 at 05:27:23 PM EST
    whitewash, plain and simple, that I'm afraid will wash. Timed for Patriot Act renewal in Congress, I bet. They had several investigations (using foreign experts, thank God) in the immediate aftermath of this scandal. None concluded that there was an "unusual similarity". Quite opposite, the primary conclusion was that they did not understand how anyone could possibly claim those fingerprints had much in common. Claiming "unusual similarity" is a serious mischaracterization of their conclusions. Similarly, claiming that there was no misconduct on part of the FBI is laughable. The FBI used every dishonest device at their disposal to stick that Spanish bombing to him. Starting with their public campaign to convict him in the eyes of the public, to soften the judge. That was as aggressive as it was dishonest. Everybody was convinced they had 100% match, not only FBI lab chief said that but also an independent expert! Only later we found out that that expert was in fact a former FBI employee, there was nothing independent about him*. Then we have that infamous affidavit that the FBI and the local US attorney (Immergut) prepared for the local judge. Unbelievable collection of innuendoes, some 50 of them: Mayfield observed attending a local mosque, Egyptian wife, kids studying Spanish, observant Muslim, doesn't have passport, etc. And 100% fingerprint match to boot, no question about it! No record of travel to Spain? Don't you worry judge, we'll get you that sooner or later.

    Re: Justice Dept. IG Reviews Mayfield Case (none / 0) (#4)
    by wg on Sat Jan 07, 2006 at 05:29:23 PM EST
    ... The document is so atrocious it should be prominently displayed in the Smithsonian to document the mindset and standards of the FBI (and US attorneys) in the early 2000s for future generations to enjoy. And finally Fine** totally ignores the crux of Mayfield's case which is that w/o Spanish police who insisted that the match was patently absurd Mayfield would be history now. To the FBI, US attorneys and the judge this was an open-and-shut terror case, they had no doubts. Throw him in prison and throw away the keys. Mayfield had no realistic recourse, no chance to clear himself, the US system had him in. And nothing has changed. Mayfield will be repeated, the mindset is still here. --- * Mayfield is suing that expert too. At the preliminary hearing in Mayfield's FBI case his lawyer (the "expert" did not show up) was bitterly complaining to the judge about the treachery of the FBI because the DoJ refused to represent his client w/o cost to him. ** Mr. Fine runs the Office of Inspector General, where you can in principle file a complain if your rights have been violated by employes of the DoJ (includes the FBI). I say in principle because those people will use every hook or crook, lie or cheat to avoid taking anything from you.

    Re: Justice Dept. IG Reviews Mayfield Case (none / 0) (#5)
    by wg on Sat Jan 07, 2006 at 05:30:34 PM EST
    way to long, feel free to cut it TL.

    Re: Justice Dept. IG Reviews Mayfield Case (none / 0) (#6)
    by Sailor on Sat Jan 07, 2006 at 07:44:53 PM EST
    Calling agent Howard, agent Fine, agent Howard;-)