Witness to Abuse - Human Rights Watch

armed forces for several years and had no criminal record. He had not left the country in
almost ten years and possessed only an expired passport.
In Mayfield’s case, the lack of evidence that he had traveled outside the United States
became the basis for the government’s argument that he was a flight risk. Having
asserted that it had positively matched Mayfield to a fingerprint found in Spain, the
government contended that the absence of a valid passport or record of travel had to
mean that Mayfield possessed false documents (though none had been found in searches
of his home, office, and safe deposit box). As to why Mayfield would flee, the
government baldly pointed to his status as a suspected terrorist:
Since no record of travel or travel documents have been found in the
name of BRANDON BIERI MAYFIELD, it is believed that
MAYFIELD may have traveled under a false or fictitious name, with
false or fictitious documents … I believe that based upon the likelihood
of false travel documents in existence, and the serious nature of the potential
charges, MAYFIELD may attempt to flee the country if served with a
subpoena to appear before the federal grand jury. Affiant believes that if
a material witness arrest warrant is not issued at this time, MAYFIELD’s
testimony will probably be lost to the Grand Jury and will probably not
be available in any subsequent criminal proceeding in the United
States. 247
The court accepted the government’s allegations. According to the transcripts, Mayfield,
and his attorneys, the presiding judge also appeared to rely on the magnitude of the
alleged crime to determine that Mayfield was a flight risk. When Brandon Mayfield
challenged his detention in his first court appearance and assured the judge that he
would testify, the judge refused his requests for release stating, “We are looking at [a]
very serious situation. I will have to hold you.” 248 At the conclusion of the hearing, the
court elaborated:
My finding is, because of the gravity of the matter, there is no way that I
can ensure the appearance, in spite of good words, and the situation of
this material witness at this time, if that is his fingerprint with the 200-
plus dead people and 1,500 injured and potential call on the witness to
247
Richard Werder Affidavit for material witness arrest warrant (emphasis added).
248
Transcript of Proceedings Before the Honorable Robert E. Jones, In re Mayfield, Misc. No. 04-9071, p. 16 (D.
Or. Filed May 6, 2004).
77 HUMAN RIGHTS WATCH VOL. 17, NO. 2(G)