Report: FBI Problems Led to Wrongful Terror Arrest

WASHINGTON, Jan. 6, 2006 — -- A Justice Department inspector general report found that problems with FBI forensic analysis and performance led to the mistaken arrest of an Oregon man as a suspect in the March 11, 2004, Madrid train bombings.

Portland attorney Brandon Mayfield was incorrectly identified by the FBI as a suspect in the attacks because of incorrect fingerprint data. Mayfield was arrested on May 6, 2004, and secretly held as a material witness for two weeks. He was released when the Spanish National Police eventually matched the fingerprints to an Algerian national.

A review by Glenn Fine, the Justice Department's inspector general, found several problems with the actions of FBI employees, as well as systemic problems at the FBI lab in Quantico, Va.

Specifically, the unusual similarity between Mayfield's fingerprint and the fingerprint on a bag of detonators found in Madrid confused several fingerprint experts. FBI laboratory examiners identified Mayfield's fingerprint as matching a print found on a bag of detonators connected to the Madrid commuter train attack, which killed 191 people and injured almost 1,500. A court-appointed fingerprint expert also misidentified the prints.

The Spanish National Police had provided digital photographs of the prints on the detonator bag from Madrid and sent the pictures to the FBI lab, where they were entered into the bureau's computer. When no exact matches were found, a second search was performed, prompting the computer to return a list of 20 candidates whose known prints had features in common with the ones found on the detonator bag.

"We concluded that the examiners committed errors in the examination procedure, and that the misidentification could have been prevented through a more rigorous application of several principles of latent fingerprint identification," the report said.

The inspector general report also looked into whether Mayfield's conversion to Islam was a factor in the FBI's focus on Mayfield. Mayfield, a practicing Muslim, also piqued the investigators' interest because he was an attorney for a convicted terrorism suspect.

The report noted, "One of the examiners candidly admitted that if the person identified had been someone without these characteristics, like the 'Maytag Repairman,' the laboratory might have revisited the identification with more skepticism and caught the error." The Justice Department review states that Mayfield's religion and representation of a convicted terrorist contributed to the examiners failing to reconsider the fingerprint misidentification but said there was no evidence his religion played a role in the FBI prolonging the investigation.

Mayfield's attorney, however, was not satisfied with the report's conclusion.

"Rather than admit its mistake, because of Mr. Mayfield's Muslim faith, the U.S. government was willing to subject Mr. Mayfield to the death penalty," said Mayfield's attorney, Gerry Spence, in a statement. Mayfield, through his attorney, also said the audit confirms "he was the victim of religious profiling." Mayfield has sued the government over his detention.

The case has been controversial not only because of the faulty fingerprint data but also because the FBI used secret warrants to collect information about Mayfield. The FBI obtained Foreign Intelligence Surveillance Act warrants in the case and intercepted electronic communications and conducted covert searches of his property with a court order.

The inspector general's audit found that the controversial Patriot Act was not abused in the case; certain provisions of the act allowed governmnet investigators to widely share information they had collected about Mayfield. The review noted, "We did not find any evidence that the FBI misused any of the provisions of the Patriot Act in conducting its investigation."

In a statement, the FBI said, "We appreciate the work of the Office of the Inspector General in providing additional insights and perspective into how the FBI can strengthen the process of fingerprint identification. Of particular importance, the OIG report confirmed there was no misconduct by the FBI or misuse of the USA Patriot Act. We are confident that the OIG's findings and recommendations, combined with corrective measures already implemented, will significantly enhance our ability to perform our duties to the public."

The report also confirmed that the Justice Department used highly secretive National Security Letters to collect information on Mayfield. Much of that information has not been disclosed publicly because much of the 273 page report remains classified.

Sections of the Patriot Act are due to expire at the end of the month unless Congress renews the antiterrorism law. The debate over the Patriot Act and the government's authority to collect information has intensified in recent weeks in light of recent disclosures that the National Security Agency collected information on people inside the United States without obtaining a court order.