FBI, Muslim attorney settle lawsuit for $2 million, apology

By Sarah Skidmore Associated Press Writer
Thursday, November 30, 2006 | 4 comment(s)

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PORTLAND - Brandon and Mona Mayfield said at first they had a sensation that they were being followed. Then there were the physical signs.

Little things were askew in their Beaverton home - previously unbolted doors were left bolted, closed blinds would be partially open and there were footprints on a newly vacuumed carpet in a home where, by custom, no one wears shoes.

The Mayfields didn't know then that FBI had been there, building a case to link Brandon to one of Europe's most horrific terror acts in years.

Brandon Mayfield was mistakenly arrested in May 2004 in connection with the deadly Madrid train bombings. He was later released when the FBI said it had misidentified a fingerprint. And on Wednesday, the Oregon attorney and his family settled their financial suit against the government for $2 million.

“The pain and torture and humiliation that this (case) has caused my family is hard to put into words,” Mayfield, a Muslim convert, said at a news conference after the settlement was announced. Mona was at his side.

“The days, weeks and months following my arrest were some of the darkest we have had to endure.”

Although the U.S. government has apologized, the Mayfields said they'll always feel the pain of the ordeal.

“Government agents came into my home, bugged my home, tapped my phone lines and terrified my family, simply because we are Muslim,” said Mona Mayfield.

“(We) have to live everyday with mistrust and paranoia now,” she said. “No amount of money is ever going to solve that.”

The Mayfields will continue to fight the constitutionality of the Patriot Act, which they say was used in the investigation.

“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,” 40-year-old Brandon Mayfield said in a written statement earlier Wednesday.

The U.S. Justice Department has said there was no misuse of the Patriot Act during the Mayfield investigation.

The FBI has said its lab improperly identified the fingerprint. But in the settlement, the federal government states it does not admit liability or fault.

The Mayfields said the settlement, which will primarily go to attorney costs, provides some resolution. But their pursuit of the Patriot Act was not an issue they were willing to settle.

Mayfield argues that the Patriot Act violates the Fourth Amendment because it allows government searches without probable cause that a crime has been committed.

“The Patriot Act is decidedly not patriotic,” said Elden Rosenthal, Mayfield's attorney. “We will vigorously pursue this constitutional challenge to the highest courts in the country.”

The FBI disagreed that Mayfield's religion was a factor, because his faith wasn't discovered until after the fingerprint identification, said Robert Jordan, who heads up the Portland FBI division.

“Of course we regret what happened to Mr. Mayfield, but again, we are proud of what we did here,” Jordan said.

The Mayfields and their attorneys spoke out stridently against several steps the government has made in the fight against terror, saying civil liberties are being violated.

“I know ... what happens when a government stops following the basic rules of law and decides that national security as the government defines it is more important than the rights and securities of the individuals in the country,” Rosenthal said. “That is what happened in Germany in the 1930s and that is what is happening right now, unless we the people - Jew, Muslim, Christian - stand up as one and say we are what is important about the security of our country.”

For the Mayfields, they say the fear and distrust may not ever be stilled.

They say the government has not told them where bugging devices were placed in their home. They do not know what private moments the government may have listened in on. When their fax machine stopped working on Wednesday, Brandon said he gave a second thought as to why.

“I don't ever think they can ever make us whole again,” Mayfield said. “If (the government is) really sincere, let's make steps to make sure it never happens again.”

---

Associated Press writers Anne M. Peterson in Portland and Lara Jakes Jordan in Washington contributed to this report.
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Pete Fergus wrote on Dec 4, 2006 2:42 PM:

I am glad you and your family were violated. You should of been there when my family saw the Twin Towers go down and my wife and I tried to explain to them why Muslims and the rest of the Islamic Nation had such hatered towards the U.S. You better be glad you were in a Country that did give you some rights or your head might of been on the chopping blocks on that partial print the F.B.I. found. The coutntries where Muslims rule have no symapthy or belief in Justice and are way to quick to shoot and ask questions later. Why don't you take your paranoid self and family where it will be justified to be paranoid anyplace but the good old U.S. of A. would be fine with us.

Scott wrote on Dec 2, 2006 11:46 AM:

Gosh, "mistrust & paranoia"? Join your neighbors. The United States has every right to investigate possible links to terrorism that was imposed on us by some other Muslims. Please give back the $2,000,000-, you took that from every tax payer. Thank you P.S. West or North will get you out of this distrustful country. Take your attorney with you.

Erb wrote on Nov 30, 2006 4:49 PM:

I am a dyed in the wool democrat but it seems to me that if the FBI was following a fingerprint (even if was partial and thus incorrect) that was a totally justifible basis for probable cause and further investigation. Let us ponder this: what if we had a partial fingerprint that matched a terror attack and the resident was in the US and we did not follow-up and he or she was involved in another act of terror? Like bombing your child's school and killing hundreds? We need to balance that potential outrage and pain against the due diligence of following leads. $2 million is a huge compensation and if this family had been victims of a terror attack where reasonable leads were not persued, they would be even more outraged, and certainly never made whole. Balance and accountability are key to successful control of terrorism.

Daniel Nieliwocki wrote on Nov 30, 2006 4:12 PM:

How bad did they feel on 9/11/01? How many people, innocent people died because Muslins preach and believe killing non-believers will bring them to heaven with virgins. It's about time the FBI is profilling muslins and their faith and beliefs. It didn't bother them or even care how we felt, the sadness they created,or the rights they violated,what about our rights.Like your religion preaches as infidels we are nothing, no rights at all.But someone violates your rights, and you are up in arms yelling and suing the government.Your lucky i am not in charge,i would have taken you down to a boat and deported you plus confiscated all your american wealth and possesions,seeing as we are nonbelievers and worthless.Don't like our operations,"MOVE OUT "


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