Witness to Abuse - Human Rights Watch

The FBI appeared to believe that Mayfield—a U.S. citizen, a veteran of the U.S. Army,
and a father of three—was a perpetrator of the bombing because its experts had made a
“100 percent positive identification” of Mayfield’s fingerprint with a print found on a
bag of detonators found near the Madrid bombing site. 54 In seeking search warrants for
Mayfield’s home, cars, safe deposit box, and law office, the Justice Department identified
him as a “potential target;” the lead FBI agent in the case told the court that he expected
to yield evidence of bombs and conspiracy to commit bombings through the search. 55
At the time the Justice Department arrested Mayfield, it had not yet convened a grand
jury investigation. It told the court it would select and convene a grand jury the
following week.
After detaining Mayfield for more than two weeks in jail and holding him under house
arrest for an additional week, the Justice Department on May 24, 2004, moved to have
him dismissed as a material witness because Spanish authorities had apprehended an
Algerian man whose print matched the Madrid print. The FBI subsequently admitted
that it had mismatched Mayfield’s print, and it issued an “apolog[y] to Mr. Mayfield and
his family for the hardships that this matter has caused.” 56
A panel of international experts, convened by the FBI, has since rebuked the fingerprint
experts for succumbing to institutional pressure to make a false identification. 57 At the
54
Affidavit of Federal Bureau of Investigation Officer Richard Werder in support of the U.S. Government’s
application for a material witness warrant for the arrest of Brandon Mayfield, In re Federal Grand Jury 03-01,
No. 04-MC-9071 (D. Or. Filed May 6, 2004) (Richard Werder Affidavit for material witness arrest warrant). The
FBI reached this conclusion even though there was no evidence that Mayfield had traveled to Spain, or
otherwise been out of the country for more than ten years. The government contended the lack of passport was
evidence that indicated Mayfield probably “traveled under a false or fictitious name, with false or fictitious
documents.” Ibid.
55
FBI Agent Werder asserted that he “had probable cause to believe and does believe that evidence fruit and
instrumentalities … of the crimes of bombings and conspiracy to commit bombings of places of public use,
government facilities, public transportation systems and infrastructure facilities in violation of 18 U.S.C. §
2332(f)(a)(1) and (2), providing material support to terrorists in violation of 18 U.S.C. § 2339A, conspiracy to kill,
kidnap, maim or injure persons or damage property in a foreign country in violation of 18 U.S.C. § 956(a) are
presently located at [Mayfield’s Safe Deposit Box].” Affidavit of Federal Bureau of Investigation Officer Richard
Werder in support of the U.S. Government’s application for a search warrant for the Safe Deposit Box of
Brandon Mayfield, No. 04-MC-9071, p. 1 (D. Or. 2004 Filed May 10, 2004). See also Government’s Response
to Witness’ motions for return of materials seized pursuant to search warrants, for disclosure of search warrant
affidavits and for access to seized material, May 17, 2004, No. 04-MC-9071, p. 2 (D. Or. 2004). (“Given the fact
that MAYFIELD is a sole practitioner who is himself both a material witness and potential target…”).
56
U.S. Justice Department, Federal Bureau of Investigation, “Statement on Brandon Mayfield Case,” May 24,
2001, available online at: http://www.fbi.gov/pressrel/pressrel04/mayfield052404.htm, accessed on Sept. 20,
2004.
57
The FBI was apparently under pressure to make a positive identification and a “catch” as a public rebuttal to a
separate pending federal court case challenging the legitimacy of FBI fingerprint techniques. In addition, the FBI
assigned fingerprint agents who were under pressure to preserve their individual jobs. Flynn McRoberts and
21 HUMAN RIGHTS WATCH VOL. 17, NO. 2(G)