Story Published:
May 20, 2004 at 2:13 PM PST
Story Updated:
Aug 31, 2006 at 12:29 AM PST
PORTLAND - Portland attorney Brandon Mayfield, who
was arrested two weeks ago in connection with Spain's worst
terrorist attack, was freed after Spanish authorities said
fingerprints found on a bag of detonators were those of an
Algerian.
Spanish authorities did not say whether the Algerian's prints
were the only prints on the bag. U.S. officials have previously
said Mayfield's prints were on the bag.
However, Mayfield's release on Thursday brought new scrutiny of
the material witness statute, under which the attorney was held
without being charged since May 6.
"It's a huge embarrassment for the Justice Department," said
Michael Greenberger, a former senior U.S. Justice Department
official who now heads the University of Maryland's Center for
Health and Homeland Security.
The Justice Department has portrayed the material witness
statute as a powerful tool to round up terrorists, giving
authorities the right to jail suspects for weeks or months in
complete secrecy.
Civil rights groups have said the net is cast too broadly, and
innocent U.S. citizens are now simply disappearing into jails with
no accountability, or right to mount a defense.
Grasping a Quran and a Muslim prayer rug, 37-year-old Brandon
Mayfield was freed on the steps of the federal courthouse in
Portland after a detention hearing.
According to the U.S. District Court's Web site, Mayfield was
ordered released "pending further grand jury proceedings wherein
he remains a material witness."
Holding his wife Mona's hand on the steps of the courthouse,
Mayfield called his two weeks in the Multnomah County jail "a
harrowing ordeal."
In Arabic and then in English, Mayfield, a convert to Islam,
recited the Muslim prayer: "God is great. There is no God but
God."
Within two days of his arrest, Spanish officials began to voice
strong doubts that the fingerprint found on the bag was really his.
Spanish investigators told the Madrid newspaper El Pais that
they had found only eight points of similarity between the print
and Mayfield's - instead of the 15 required for an exact match. In
addition, Mayfield's family challenged authorities to check his
passport - saying the attorney had not been out of the country in
at least 10 years.
U.S. Public Defender Steve Wax said that a gag order issued by a
federal judge remained in place, preventing officials here from
discussing details of Mayfield's release.
Beth Anne Steele, a spokeswoman for the FBI in Portland, said
she could not comment because "it is a pending grand jury
matter."
Samer Horani, a board member of the Islamic Center of Portland,
called Mayfield's arrest and subsequent release a stark example of
the FBI's profiling of Muslims.
"Ethnicity doesn't matter. If you are Muslim you are suspect,"
he said.
In Madrid late Thursday, authorities said the fingerprints found
on the plastic bag belonged to an Algerian, Ouhnane Daoud.
"The extensive and meticulous work of the Spanish scientific
police has determined completely that the fingerprint
identifications are of the medium and thumb fingers of the
Algerian's right hand," Spanish authorities said.
After his release, Mayfield went to his home in Aloha, a suburb
of Portland.
Mayfield's mother was there waiting for him.
"I'm just elated," said his 63-year-old mother, Avnell
Mayfield in a telephone interview. "He's much taller than I
remember him being."
His children gave him the gifts they had made for him - origami
boxes, lemon cookies, a sewing project.
Samir, 10, and Sharia, 12, had started crocheting yellow and tan
socks, but had not finished them in time for their father's
surprise release. "Dad, you got out sooner then we thought," the
10-year-old told him, according to Mayfield's mother.
Tom Nelson, an attorney and Mayfield's legal mentor, said the
FBI has a lot of explaining to do.
"Even if the angels came down from heaven and sung his praise,
it wouldn't remove this stain," said Nelson. "We need to think
now of how we get back to normal - what is this going to do to his
long-term client base?"