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Old November 30th, 2006, 04:50 PM   #1
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Default Wrongly Accused Man Settles Bomb Suit

Wrongly Accused Man Settles Bomb Suit

The federal government has agreed to pay an Oregon lawyer $2 million to settle part of a lawsuit he filed after the FBI misidentified a fingerprint and wrongly arrested him in the 2004 Madrid terrorist bombings.

"The pain and torture and humiliation that this (case) has caused my family is hard to put into words," Brandon Mayfield said after the settlement was announced Wednesday.

Mayfield was arrested in May 2004 on the basis of a fingerprint found on a bag of detonators in Madrid that was mistakenly matched to him after the March 11, 2004, train bombings that killed 191 people and wounded more than 1,500. Mayfield was jailed on a material witness warrant but was released after the FBI acknowledged the fingerprint was not his.

Mayfield, who was detained for two weeks, and his wife, Mona, maintained that he was arrested because of his Muslim faith.

"We are Muslims. We are American. We are patriotic," Mona Mayfield said. "We are unhappy with the current administration stripping away our rights."

The local FBI office said it was proud of its work in the case, and disagreed Mayfield's religion was a factor because it was discovered after the fingerprint identification, said agent Robert Jordan.

"If a similar investigation was being conducted, and we were provided a fingerprint identification, we would do exactly what we did in the case of Mr. Mayfield," Jordan said. "Of course we regret what happened to Mr. Mayfield, but again, we are proud of what we did here."

The government did not admit liability or fault but issued a formal apology to Mayfield as part of the settlement, said Justice Department spokeswoman Tasia Scolinos.

The FBI has since adopted suggestions for improving its fingerprint identification process "to ensure that what happened to Mr. Mayfield does not happen again," Scolinos said.

Two internal Justice investigations cleared the FBI and prosecutors of wrongdoing, she said. A December 2005 review by the department's Office of Professional Responsibility found that federal prosecutors who handled the investigation acted appropriately.

A month later, Justice Inspector General Glenn A. Fine concluded that Mayfield's faith was not the reason the FBI began its investigation, and that the agency did not misuse provisions of the USA Patriot Act.

The government acknowledged in the settlement that it "performed covert physical searches of the Mayfield home and law office, and it also conducted electronic surveillance targeting Mr. Mayfield at both his home and law office," according to a news release from Mayfield's attorney, Elden Rosenthal.

The settlement allows Mayfield to continue to pursue his challenge of the USA Patriot Act, Rosenthal said. Mayfield claims the act violates the Fourth Amendment because it allows government searches without probable cause that a crime has been committed.

"I look forward to the day the Patriot Act is declared unconstitutional, and all citizens are safe from unwarranted arrest and searches by the federal government," Mayfield said in a statement.

Associated Press writers Anne M. Peterson in Portland and Lara Jakes Jordan in Washington contributed to this report.

http://www.forbes.com/technology/ebu...ap3214602.html


Woohoo! This is a decent victory in the fight against tyranny...the patriot act.
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Old November 30th, 2006, 05:03 PM   #2
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I can't wait to hear the "if you don't have anything to hide then why do you care if they search your house" arguement.

Last edited by Chiefwoohaw; November 30th, 2006 at 05:14 PM.
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Old November 30th, 2006, 05:14 PM   #3
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I can't wait to hear the "if you don't have anything to hide when why do you care if they search your house" arguement.

You'd think that someone that claims to be a "free thinker" would have something meaningful to contribute rather than just saying what he thinks other will say.

I don't know what the point of the original post was. Mistakes were make, admited, and apologized and compensated for. It's unfortunate that it happened, but I don't see how him being Muslim had to do with miss-identifying his fingerprints.
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Old November 30th, 2006, 05:18 PM   #4
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You'd think that someone that claims to be a "free thinker" would have something meaningful to contribute rather than just saying what he thinks other will say.

I don't know what the point of the original post was. Mistakes were make, admited, and apologized and compensated for. It's unfortunate that it happened, but I don't see how him being Muslim had to do with miss-identifying his fingerprints.
Yes, the were made but they were not admitted.

Quote from the article, "The government did not admit liability or fault but issued a formal apology to Mayfield as part of the settlement, said Justice Department spokeswoman Tasia Scolinos."

I think it was that if he wasn't a successfull muslims that could possibly be "supporting terroist" then he would not have been under servlience in the first place.

Edit: and yes my free thinking leads me to believe that the Patriot Act is bad.
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Old November 30th, 2006, 05:21 PM   #5
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"I look forward to the day the Patriot Act is declared unconstitutional, and all citizens are safe from unwarranted arrest and searches by the federal government," Mayfield said in a statement..
uhhh pre patriot act no one was free from "unwarranted arrest", cops or any state or federal agents for that matter NEVER needed a warrant to arrest someone. Thats laughable. Does mayfield even know what a warrant is ? Anyone can get arrested and held for 48 hours cause the cop says you fit a discrition of some wanted individual.

Also debatable is the ability of local cops to search your car with out probable cause, i know they are SUPPOSED to get a warrant but they do not always. Never happened to me but to friends and relatives. I dont like the idea of any AMERICANS home getting searched with out a warrant. A warrant i dont think is that hard to get, usually..... since a cop can get one over the phone and delay your evening if he feels like being a dick, how much harder can it be for the feds?

Was this Mayfield a american sova i didnt see that in the story.
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Old November 30th, 2006, 05:27 PM   #6
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Was this Mayfield a american sova i didnt see that in the story.
I guess you also missed the part where they Covertly went into his house and office to conduct unwarrented searches the could be admissable in court under the Patriot Act . . . so yes, the post is the first one in this thread and I suggest you read it before asking Mike questions that you could have answered yourself.
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Old November 30th, 2006, 05:28 PM   #7
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"We are Muslims. We are American. We are patriotic," Mona Mayfield said. "We are unhappy with the current administration stripping away our rights."
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Old November 30th, 2006, 05:32 PM   #8
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I guess you also missed the part where they Covertly went into his house and office to conduct unwarrented searches the could be admissable in court under the Patriot Act . . . so yes, the post is the first one in this thread and I suggest you read it before asking Mike questions that you could have answered yourself.
its hard to REALLY care enough its very tiresome to read many of his threads, and considering the sketchy source of many of them i am guilty of not being 100% dedicated to some detail. Hang me.

Despite the name mayfield i am guessing english is his second language he doesnt know what a warrant is.
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Old November 30th, 2006, 05:42 PM   #9
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its hard to REALLY care enough its very tiresome to read many of his threads, and considering the sketchy source of many of them i am guilty of not being 100% dedicated to some detail. Hang me.

Despite the name mayfield i am guessing english is his second language he doesnt know what a warrant is.
He is a lawyer so I would imagine that he knows what a warrent is. Why post if you didn't read the article?
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Old November 30th, 2006, 05:50 PM   #10
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its hard to REALLY care enough its very tiresome to read many of his threads, and considering the sketchy source of many of them i am guilty of not being 100% dedicated to some detail. Hang me.

Despite the name mayfield i am guessing english is his second language he doesnt know what a warrant is.
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Old November 30th, 2006, 05:51 PM   #11
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Yes, the were made but they were not admitted.

Quote from the article, "The government did not admit liability or fault but issued a formal apology to Mayfield as part of the settlement, said Justice Department spokeswoman Tasia Scolinos."

I think it was that if he wasn't a successfull muslims that could possibly be "supporting terroist" then he would not have been under servlience in the first place.

Edit: and yes my free thinking leads me to believe that the Patriot Act is bad.
They admitted they had the wrong guy when they let him free. Saying they "did not admit liability or fault" is just legal mombojumbo to avoid incriminating anyone.

And as I read it the only reason he was under surveillance was because they thought his fingerprints matched one found at a crime scene. If any law enforcment agency thinks it has found a person whos fingerprints match those found at a crime scene, especially one of this nature, I'd certianly hope they would have him under surveillance. It never say's why the FBI had his fingerprints in the first place.
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Old November 30th, 2006, 06:06 PM   #12
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He is a lawyer so I would imagine that he knows what a warrent is. Why post if you didn't read the article?
you would be surprised. There are clueless lawyers out there. Just cause someone is a lawyer or doctor does not in and of itself make them smart. As evidenced by his mis use or mis understanding of the word warrant. I know lots of folks that have been arrested and not one time was a warrant involved. Nore is it needed. Warrant, arrests, and patriot act are not an issue. You could get arrested pre patriot act for hundreds of things with out a warrant, they never need a warrant to arrest you. I think this guy is a lawyer from an online university he is a jackass.

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Associated Press
i didnt mean this one but crooks and liars you post from so often
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Old November 30th, 2006, 07:15 PM   #13
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you would be surprised. There are clueless lawyers out there. Just cause someone is a lawyer or doctor does not in and of itself make them smart. As evidenced by his mis use or mis understanding of the word warrant. I know lots of folks that have been arrested and not one time was a warrant involved. Nore is it needed. Warrant, arrests, and patriot act are not an issue. You could get arrested pre patriot act for hundreds of things with out a warrant, they never need a warrant to arrest you. I think this guy is a lawyer from an online university he is a jackass.



i didnt mean this one but crooks and liars you post from so often
What are you talking about? He was complaing about his shit getting searched without a warrent. Not being arrested without a warrent and well becasue he was Muslim and being profiled.
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Old November 30th, 2006, 07:25 PM   #14
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I can't wait to hear the "if you don't have anything to hide then why do you care if they search your house" arguement.
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Old November 30th, 2006, 07:27 PM   #15
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Scooter,

Pleast don't tell me you believe in that argument.
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Old November 30th, 2006, 07:33 PM   #16
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"We are Muslims. We are American. We are patriotic," Mona Mayfield said. "We are unhappy with the current administration stripping away our rights."
OMG this post saved my life, make more of them!
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Old November 30th, 2006, 07:45 PM   #17
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Scooter,

Pleast don't tell me you believe in that argument.

Oh, not at all; just your pre-emptive attacks on anyone that doesn't agree with your viewpoint.

As far as the lawsuit and what it entails; I believe that if you, I, Mayfield, or John Q. Public's fingerprints turned up at a terrorist bombing site we would all be treated in the same way. This turned out to be a huge clusterfuck and Mayfield is very lucky that the print was discovered to be false match.

On one hand, it is frightening that you can be detained and your life rummaged through based on this mistake.

On the other, the system did work, and he is free to collect his 2 million dollars. I think there is more to the story (of course) and that he was probably a suspect long before anything ever happened. I do not know enough of Mr. Mayfield to form an opinion if it was profiling or not. It is clear that the government realizes it made a mistake and is trying to put this behind them.
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Old November 30th, 2006, 07:50 PM   #18
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What are you talking about? He was complaing about his shit getting searched without a warrent. Not being arrested without a warrent and well becasue he was Muslim and being profiled.
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Wrongly Accused Man Settles Bomb Suit

The federal government has agreed to pay an Oregon lawyer $2 million to settle part of a lawsuit he filed after the FBI misidentified a fingerprint and wrongly arrested him in the 2004 Madrid terrorist bombings.

"The pain and torture and humiliation that this (case) has caused my family is hard to put into words," Brandon Mayfield said after the settlement was announced Wednesday.

Mayfield was arrested in May 2004 on the basis of a fingerprint found on a bag of detonators in Madrid that was mistakenly matched to him after the March 11, 2004, train bombings that killed 191 people and wounded more than 1,500. Mayfield was jailed on a material witness warrant but was released after the FBI acknowledged the fingerprint was not his.

Mayfield, who was detained for two weeks, and his wife, Mona, maintained that he was arrested because of his Muslim faith.

"We are Muslims. We are American. We are patriotic," Mona Mayfield said. "We are unhappy with the current administration stripping away our rights."

The local FBI office said it was proud of its work in the case, and disagreed Mayfield's religion was a factor because it was discovered after the fingerprint identification, said agent Robert Jordan.

"If a similar investigation was being conducted, and we were provided a fingerprint identification, we would do exactly what we did in the case of Mr. Mayfield," Jordan said. "Of course we regret what happened to Mr. Mayfield, but again, we are proud of what we did here."

The government did not admit liability or fault but issued a formal apology to Mayfield as part of the settlement, said Justice Department spokeswoman Tasia Scolinos.

The FBI has since adopted suggestions for improving its fingerprint identification process "to ensure that what happened to Mr. Mayfield does not happen again," Scolinos said.

Two internal Justice investigations cleared the FBI and prosecutors of wrongdoing, she said. A December 2005 review by the department's Office of Professional Responsibility found that federal prosecutors who handled the investigation acted appropriately.

A month later, Justice Inspector General Glenn A. Fine concluded that Mayfield's faith was not the reason the FBI began its investigation, and that the agency did not misuse provisions of the USA Patriot Act.

The government acknowledged in the settlement that it "performed covert physical searches of the Mayfield home and law office, and it also conducted electronic surveillance targeting Mr. Mayfield at both his home and law office," according to a news release from Mayfield's attorney, Elden Rosenthal.

The settlement allows Mayfield to continue to pursue his challenge of the USA Patriot Act, Rosenthal said. Mayfield claims the act violates the Fourth Amendment because it allows government searches without probable cause that a crime has been committed.

"I look forward to the day the Patriot Act is declared unconstitutional, and all citizens are safe from unwarranted arrest and searches by the federal government," Mayfield said in a statement.

Associated Press writers Anne M. Peterson in Portland and Lara Jakes Jordan in Washington contributed to this report.

http://www.forbes.com/technology/ebu...ap3214602.html


Woohoo! This is a decent victory in the fight against tyranny...the patriot act.


Here is sova post unedited unabridged in its entirety I highlighted in red where mayfiels says un warranted arrest:

"I look forward to the day the Patriot Act is declared unconstitutional, and all citizens are safe from unwarranted arrest and searches by the federal government," Mayfield said in a statement.
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Old November 30th, 2006, 08:02 PM   #19
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Here is sova post unedited unabridged in its entirety I highlighted in red where mayfiels says un warranted arrest:

"I look forward to the day the Patriot Act is declared unconstitutional, and all citizens are safe from unwarranted arrest and searches by the federal government," Mayfield said in a statement.
which could be read as there was no reason for the arrest. Not that they needed a warrent to arrest him but you could be right as well. I don't know.
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Old December 1st, 2006, 06:23 AM   #20
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Damnit...I wish they'd detain me for two weeks then pay my $2,000,000. Now they're putting in steps to make sure this doesn't happen again? Just another example of one or a few ruining opportunities for everybody else to get rich quick.
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