Ouhnane Daoud

Attorney Brandon Mayfield of Portland, Oregon, is taken into custody by the FBI in connection with the March 11 bomb attacks in Madrid (see 7:37-7:42 a.m., March 11, 2004). His detention is based on information from Spanish authorities that he had some involvement in the train bombings that killed 191 people and wounded more than 1,800. FBI sources say Mayfield’s fingerprints were found on a plastic bag with bomb-related material that is being considered as evidence in the train bombing. Sources say he had been under constant surveillance. Mayfield is an Islamic convert. [CNN, 5/7/2004] He is jailed for 14 days as a material witness to a terrorism investigation. The status of “material witness” means that he can be held without charge. The FBI affidavit that led to his arrest claims the fingerprint to be a “100 percent positive” match to the print on the bag. Officials say it is an “absolutely incontrovertible match.” However, Spanish authorities express their doubts about US claims and announce in late May that they have matched the fingerprint to an Algerian, Ouhnane Daoud. Flaws in the US investigation rapidly become apparent. The FBI did not examine the original fingerprint evidence until after the Spanish announcement. Four FBI examiners “concurred that the latent fingerprint had multiple separations; that it was divided by many lines of demarcation possibly caused by creases in the underlying material, multiple touches by one or more fingers, or both,” according to court records. The examiners conclude that the digital copy the FBI was working from was “of no value for identification purposes.” The FBI comes under heavy media criticism for its material witness detainment policy and its use of scant and/or secret evidence. The competence of the investigators is called into question due to the lack of attention paid to the concerns of the Spanish investigators. [Portland Tribune, 5/28/2004] Mayfield is never charged, and the Justice Department later issues a formal apology for the intense and invasive investigation, as well as a $2 million settlement. In an unprecedented element of the settlement, the FBI agrees to destroy communication intercepts from the investigation. Mayfield contends that he was a victim of profiling and strongly criticizes the investigation. He says “I, myself, have dark memories of stifling paranoia, of being monitored, followed, watched, tracked. I’ve been surveilled, followed, targeted primarily because I’ve been an outspoken critic of this administration and doing my job to defend others who can’t defend themselves, to give them their day in court, and mostly for being a Muslim.” [CNN, 11/30/2006] The official apology mentions that, “The FBI has implemented a number of measures in an effort to ensure that what happened to Mr. Mayfield and the Mayfield family does not happen again.” [Washington Post, 11/29/2006]