|
|
home / subscribe / donate / tower / books / archives / search / links / feedback / events
|
EX-STATE DEPT.SECURITY OFFICER SPELLS OUT 9/11 COVER-UP
|
|
Today's Stories February 20, 2006 Cockburn
/ St. Clair February 18 / 19, 2006 Werther Uzma
Aslam Khan Joe
DeRaymond Edward
F. Mooney Paul
Craig Roberts Elaine
Cassel P.
Sainath Thomas
P. Healy Brian
Concannon, Jr. Fred
Gardner Rep.
Cynthia McKinney Brian
Tokar Chan
Chee Khoon Andrew
Freedman St.
Clair / Walker Poets'
Basement Website
of the Weekend
February 17, 2006 Floyd
Rudmin Gervasio
Rodríguez Gary
Leupp Ramzy
Baroud Amira
Hass Matthew
Koehler Niranjan
Ramakrishnan Debbie
Nathan Website
of the Day
Febrauary 16, 2006 Lila
Rajiva Norman
Solomon Ron
Jacobs Paul
Craig Roberts Website
of the Day
February 15, 2006 Brian
Conacnnon, Jr. Dave
Lindorff Saree
Makdisi Joshua
Frank Amira
Hass CounterPunch
Wire Robert
Bryce Website
of the Day February 14, 2006 John
Sugg Don
Santina William
A. Cook Ray
McGovern John
Ross Website
of the Day
Lila
Rajiva Christopher
Brauchli Dave
Lindorff Ron
Jacobs Mike
Whitney Michael
Neumann Website
of the Day
February 11 / 12, 2006 Alexander
Cockburn Ralph
Nader Paul Craig
Roberts Pat Williams Fred Gardner Saul Landau John Chuckman Roger Burbach Seth Sandronsky Website of
the Weekend
February 10, 2006 Carl
G. Estabrook Sen.
Russell Feingold Roxanne
Dunbar----Ortiz Saree Makdisi Website of
the Day
February 9, 2006 Dave Lindorff Mike Marqusee Paul Craig Roberts Peter Phillips William S. Lind Christine Tomlinson Innocent Targets in the "Long War": False Positives and Bush's Eavesdropping Program Will Youmans Robert Robideau Richard Neville Peter Rost Website of the Day
February 8, 2006 Ron Jacobs Stan Cox Sen. Russ Feingold Robert Jensen Rep. Cynthia McKinney Niranjan Ramakrishnan Don Monkerud David Swanson C.L. Cook Christopher
Fons Jeffrey Ballinger Website of
the Day
February 7, 2006 Edward Lucie-Smith Robert Fisk Paul Craig Roberts Neve Gordon Joshua Frank Peter Montague Jackie Corr Jeffrey St.
Clair Website of the Day
February 6, 2006 Christopher
Brauchli Robert Fisk John Chuckman Jenna Orkin Paul Craig
Roberts
February 4 / 5, 2006 Alexander Cockburn Mike Ferner James Petras Alan Maass Fred Gardner Ralph Nader Bill Glahn Saul Landau Laura Carlsen James Brooks Mike Roselle John Holt Sarah Ferguson William S.
Lind Niranjan Ramakrishnan Seth Sandronsky Derrick O'Keefe Michael Donnelly Ron Jacobs Elisa Salasin St. Clair / Vest Stew Albert Poets' Basement Website of
the Weekend
February 3, 2006 Toufic Haddad Heather Gray Tim Wise Conn Hallinan Eva Golinger Daniel Ellsberg Dave Zirin Robert Bryce Website of
the Day
February 2, 2006 Winslow T.
Wheeler Stan Cox Rachard Itani Mike Whitney Amira Hass Norman Solomon Michael Simmons Christopher
Reed Website of the Day
February 1, 2006 Sharon Smith Jason Leopold Cindy Sheehan Joseph Grosso Earl Ofari Hutchinson Steven Higgs Robert Robideau R. Siddharth Jim Retherford Rep. Cynthia
McKinney Paul Craig
Roberts Website of
the Day
January 31, 2006 Jeffrey St.
Clair Clancy Chassay Dave Lindorff Niranjan Ramakrishnan Oren Ben-Dor Winslow Wheeler John Ryan Mike Marqusee Ron Jacobs Andrew Cockburn Website of
the Day
January 30, 2006 Paul Craig
Roberts Winslow Wheeler Niranjan Ramakrishnan Marcus Dam John Bomar Ben Beachy Gideon Levy Michael Carmichael Missy Comley
Beattie Norman Solomon Brian Concannon,
Jr. Michael Ratner Website of
the Day
January 28 / 29, 2006 Alexander Cockburn
Ralph Nader Col. Dan Smith Paul Craig Roberts Tammara Rosenleaf Ron Jacobs Harry Browne Fred Gardner Christopher
Reed Bernard Chazelle Daniel Wolff Tom Kerr Asad Abu Khalil Chris Murphy Dr. Susan Block Kathy Deacon St. Clair /
Walker / Palmer / Shields Poets' Basement Website of
the Weekend
Suren Pillay Lawrence R.
Velvel J.L. Chestnut,
Jr Uri Avnery Gary Leupp Samar Assad Jeffrey St.
Clair Website of the Day
January 26, 2006 Robert Robideau Paul Craig
Roberts Gilad Atzmon Jason Leopold Joshua Frank Dave Lindorff Susan Lee Missy Comley Beattie Michael Carmichael Michael Neumann Website of
the Day
January 25, 2006 Saul Landau James Petras Lawrence R.
Velvel Vijay Prashad Kevin Zeese Alison Weir Bruce K. Gagnon Joan Roelofs Website of
the Day
January 24, 2006 Paul Craig
Roberts Kathy Kelly Jorge Mariscal Winslow T.
Wheeler John Walsh Youmans / Muaddi Roger Burbach Fr. Gerard
Jean-Juste Noam Chomsky Website of
the Day
Uri Avnery Susan Pynchon William Loren
Katz Christopher Brauchli Chris Floyd Joshua Frank Norman Solomon Jackie Corr Paul Craig
Roberts Website of the Day
January 21/22, 2006 Tim Shorrock Ralph Nader Peter Feng Brian Cloughley Michael Donnelly Tom Kerr Dave Lindorff Daniel Wolff Fred Gardner Jason Leopold Matthew Koehler John Bomar Ron Jacobs Becky Akers Joanne Mariner St. Clair / Walker / Pollack Poets' Basement Website of the Day
Brian J. Foley Richard Gott Joshua Frank Pierre Tristam Bernstein /
Allegretto Elizabeth Schulte Website of
the Day
January 19, 2006 Paul Craig
Roberts Bill Simpich Kevin Alexander
Gray Sam Husseini Sam Smith Monica Benderman Winslow T.
Wheeler Website of the Day
January 18, 2006 Paul Craig
Roberts Norman Solomon Jonathan M.
Feldman Michael Carmichael Paul D'Amato Cynthia McKinney Norman Finkelstein Website of the Day
January 17, 2006 M. Shahid Alam John Ross Tariq Ali Michael Donnelly Amira Hass Doug Giebel Bill Quigley Ron Jacobs Mike Stark Werther
John Walsh Earl Ofari
Hutchinson Roger Burbach Norman Solomon Robert Jensen Sam Husseini Paul Craig
Roberts Website of the Day
January 14 / 15, 2006 Alexander Cockburn JoAnn Wypijewski James Petras Ron Jacobs Brian Cloughley Marianne McDonald Bruce Tyler Wick Fred Gardner Flavia Alaya Gary Leupp Dr. Susan Block Nicole Colson Jeffrey Kolakowski Missy Comley
Beattie Charles Thomson St. Clair /
Walker / Vest Poets' Basement Website of
the Weekend
January 13, 2006 Ralph Nader Leonard Weinglass Amira Hass Chris Kutalik
/ Jennifer Biddle Lawrence R. Velvel Dave Lindorff Mike Whitney David Price
January 12, 2006 Jennifer Van
Bergen Jeremy Brecher / Brendan Smith Lawrence R.
Velvel Ralph Nader / Robert Weissman Jackie Corr Jared Bernstein Russell D.
Hoffman Aubrey Streit Clancy Sigal Website of the Day
January 11, 2006 Kevin Zeese Ray McGovern Allan Maass
/ Joe Allen Earl Ofari
Hutchinson Annie Murphy Allan Lichtman Ramzy Baroud Joshua Frank Kathleen and
Bill Christison Website of
the Day
January 10, 2006 Uri Avnery Saul Landau Noam Chomsky Brian J. Foley Lenni Brenner Ronan Sheehan Paul Craig
Roberts
January 9, 2006 Behzad Yaghmaian George Bisharat Dave Lindorff Norman Solomon Christopher Brauchli Aharon Shabtai Andrew Cockburn
January 7 / 8, 2006 Lawrence Velvel James Petras J.L. Chestnut Mike Ely Andrew Wilson Lila Rajiva William Cook Ramor Ryan Thomas Kleine-Brockhoff Peter Montague Ron Jacobs Neve Gordon Fred Gardner Josh Mahon Dr. Susan Block Jeffrey St. Clair Poets' Basement Website of the Weekend
January 6, 2006 José
Pertierra Joe Allen Winslow T. Wheeler John Bomar Jason Leopold Norman Solomon Robert Pollin
January 5, 2006 Scott Boehm Zoltan Grossman Heather Gray Haninah Levine Pierre Tristam Remi Kanazi Gilad Atzmon Kathleen and
Bill Christison
January 4, 2006 Ron Jacobs Lila Rajiva Huibin Amee
Chew Pat Williams Linda Milazzo Nick Dearden James Petras Website of
the Day
January 3, 2006 James Ridgeway Laith al-Saud Dick J. Reavis Joshua Frank Rochelle Gause Missy Comley
Beattie Paul de Rooij
January 2, 2006 Paul Craig
Roberts Clancy Sigal Cindy Sheehan Alexander Cockburn
Subscribe Online
|
February 20, 2006 A "100 Per Cent Certainty"The FBI and the Myth of FingerprintsBy ALEXANDER COCKBURN Few law enforcement institutions have been so thoroughly discredited in recent years as the FBI's forensic lab. In 1997 the Bureau's inspector general of the time issued a devastating report, stigmatizing one instance after another of mishandled and contaminated evidence, inept technicians, and outright fabrication. The IG concluded that there were "serious and credible allegations of incompetence" and perjured courtroom testimony. CounterPunch's view is that taken as a whole, forensic evidence as used by prosecutors is inherently untrustworthy. For example, for years many people went to prison on the basis of the claims of a North Carolina anthropologist, Louise Robbins. She helped send people to prison or to Death Row with her self-proclaimed power to identify criminals through shoe prints. As an excellent recent Chicago Tribune series on forensic humbug recalled, on occasion she even said she could use the method to determine a person's height, sex and race. Robbins died in 1987, her memory compromised by the conclusion of many Appeals Courts that her methodology was bosh. There have been similarly hollow claims for lip prints and ear prints, all of (added "of") them invoked by their supporters as "100 per cent reliable" and believed by juries too easily impressed by passionate invocations to 100 per cent reliable scientific data. Of course the apex forensic hero of prosecutors, long promoted as the bottom line in reliability--at least until the arrival of DNA matching--has been the fingerprint. Fingerprints entered the arsenal of police and prosecutors in the late nineteenth century, touted as "scientific" in the manner of other fashionable methods of that time in the identification of supposed criminals, such as phrenology. A prime salesman was Francis Galton, Charles Darwin's cousin and a founding huckster for the bogus "science " of eugenics. Actually fingerprints, at least in modern times, found their original use in the efforts of a British colonial administrator to intimidate his Indian laborers (whose faces he could not distinguish) from turning up more than once to get paid. He'd make a great show of scrutinizing the fingerprints he insisted they daub on his ledger book. Then, as now, the use of the so-called "unique fingerprint" has been histrionic , not scientific. In 1995, so the Chicago Tribune series discovered, " one of the only independent proficiency tests of fingerprint examiners in U.S. crime labs found that nearly a quarter reported false positives, meaning they declared prints identical even though they were not--the sort of mistakes that can lead to wrongful convictions or arrests." Decade after decade people have been sent to prison for years or dispatched to the death cell, solely on the basis of a single, even a partial print. So great is the resonance of the phrase "a perfect match" that defense lawyers throw in the towel, as judge and jury listen to the assured conclusions of the FBI's analysts who virtually monopolize the fingerprint industry in the U.S.A. Overseas, in London's Scotland Yard for example, the same mesmerizing "certainty" held sway, and still does. In the U.S.A., part of the mystique stems from the "one discrepancy rule" which has supposedly governed the FBI's fingerprint analysis. The rule says that identifications are subject to a standard of "100 per cent certainty" where a single difference in appearance is supposed to preclude identification. The 1997 lab scandals threw a shadow over the FBI's forensic procedures as a whole and the criminal defense bar began to raise protests against prosecutorial use of latent fingerprint identification evidence, as produced by FBI procedures. In 2002 Judge Louis Pollak, in a case in Pennsylvania, initially ruled that the FBI's fingerprint matching criteria fell below new standards of forensic reliability (the Daubert standards) stipulated by the U.S. Supreme Court. Ultimately he was persuaded that the FBI's fingerprint lab had never made a mistake. In 2004, in U.S. v. Mitchell, the Third Circuit Court of Appeals upheld these same procedures. Now at last, in 2006, the FBI's current inspector general, Glenn Fine, has grudgingly administered what should properly be regarded as the deathblow to fingerprint evidence as used by the FBI and indeed by law enforcement generally. The case reviewed by Inspector General Fine, at the request of U.S. Rep John Conyers and U.S. Senator Russell Feingold, concerns the false arrest by the FBI of Brandon Mayfield, a lawyer from Beaverton, Oregon. On March 11, 2004, several bombs exploded in Madrid's subway system with 191 killed and 1,460 injured. Shortly thereafter the Spanish police discovered a blue plastic bag filled with detonators in a van parked near the Acala de Heres train station in Madrid, whence all of the trains involved in the bombing had originated on the fatal day. The Spanish police were able to lift a number of latent prints off the bag. On March 17 they transmitted digital images of these fingerprints to the FBI's crime lab in Virginia. The lab ran the images through its prized IAFIS, otherwise known as the integrated, automated, fingerprint identification system, containing a database of some 20 million fingerprints. The IAFIS computer spat out twenty "candidate prints", with the warning that these 20 candidates were "close non-match". Then the FBI examiners went to work with their magnifying glasses, assessing ridges and forks between the sample of 20 and the images from Spain. In a trice the doubts of the IAFIS computer were thrust aside, and senior fingerprint examiner Terry Green determined that he had found "a 100 per cent match" with one of the Spanish prints of the fourth-ranked print in the IAFIS batch of 20 close non-matches. Green said this fourth ranked print came from the left index finger of Brandon Mayfield. Mayfield's prints were in the FBI's master file, not because he had been arrested or charged with any crime, but because he was a former U.S. Army lieutenant. Green submitted his conclusions to two other FBI examiners who duly confirmed his conclusions. But as the inspector general later noted, these examiners were not directed to inspect a set of prints without knowing that a match had already asserted by one of their colleagues. They were simple given the pair of supposedly matched prints and asked to confirm the finding. (These two examiners later refused to talk to the FBI's inspector general.) The FBI lost no time in alerting the U.S. Prosecutor's office in Portland, which began surveillance of Mayfield with a request to the secret FISA court which issued a warrant for Mayfield's phone to be tapped on the grounds, laid out in the Patriot Act, that he was a terrorist, and therefore by definition a foreign agent. Surreptitious tapping and surveillance of Mayfield began. On April 2, 2004, the FBI sent a letter to the Spanish police informing them that they had a big break in the case, with a positive identification of the print on the bag of detonators. Ten days later the forensic science division of the Spanish national police sent the FBI its own analysis. It held that the purported match of Mayfield's print was "conclusively negative". (The inspector general refers to this as the "negativo Report".) The next day, April 14, the U.S. Prosecutor in Portland became aware of the fact that the Spanish authorities were vigorously disputing the match with Mayfield's left forefinger. But by now the Prosecutor and his team were scenting blood. Through covert surveillance they had learned that Mayfield was married to an Egyptian woman, had recently converted to Islam, was a regular attendee at the Bailal mosque in Portland, and had as one of his clients in a child custody dispute an American Muslim called Jeffrey Battle. Battle, a black man, had just been convicted of trying to go to Afghanistan to fight for the Taliban. Armed, so they thought, with this arsenal of compromising detail, the U.S. Prosecutor and the FBI had no patience with the pettifogging negativism of the Spanish police. So confident were the Americans of the guilt of their prey that they never went back to take another look at the supposedly matching prints. Instead, on April 21, they flew a member of the FBI's latent print unit to Spain for on-the-spot refutation of the impertinent Madrid constabulary. The Inspector General's report makes it clear that the FBI man returned from Spain with a false account of his reception, alleging that the Spanish fingerprint team had bowed to his superior analytic skills. The head of the Spanish team, Pedro Luis Melida-Weda, insists that his team remained entirely unconvinced. "At no time did we give our approval. We refused to validate the FBI's conclusions. We kept working on the identification." By now either the U.S. Attorney's office or, more likely, the FBI was leaking to the press news of the pursuit of a U.S. suspect in the Madrid bombing. But they knew that the actual evidence they had on Mayfield was virtually non-existent, aside from the fingerprint. On May 6, the U.S. Prosecutor in Portland told U.S. District Court Judge Robert Jones that the Spanish police had ultimately accepted the FBI's match, that Mayfield, alerted by the stories in the press about an unnamed suspect, might start destroying evidence, and that, therefore, they wanted to seize Mayfield, using the now favored charge du jour of the war on terror, claiming him to be a "material witness". Judge Jones okayed an arrest warrant. Mayfield had no idea that the FBI had been tapping his phones and secretly rummaging through his office. The first time he became aware that he was a citizen under suspicion was on the afternoon of May 6. On that day eight FBI agents showed up at his law office, seized him, cuffed his hands behind his back, ridiculed his protestations. As they approached the door, Mayfield implored them to take the handcuffs off, saying he didn't want his clients or staff to see him in this condition. The FBI agents said derisively, "Don't worry about it. The media is right behind us." Mayfield ended up with two federal public defenders, Steven Wax and Christopher Schatz. Like many such, these two were dedicated to their interest of their client, tireless and resourceful. Their first concern was to get Mayfield out on the Multnomah federal detention center in downtown Portland. Though jailed under an alias chosen for him by the U.S. Prosecutor, the feds had immediately leaked this alias--Randy Barker--to The Oregonian newspaper, and a guard at the jail had promptly roughed up Mayfield. The two public defenders went before Judge Jones and asked that as a material witness he be kept under house arrest, there being scant apparent evidence against him. Judge Jones finally compelled the U.S. Prosecutor to say what evidence he had against Mayfield. A fingerprint, said the U.S. Prosecutor, withholding from the court the fact that this fingerprint was highly controversial and had been explicitly disqualified by the Spanish police. The federal defenders questioned the imprisonment of their client, faced penalties of the utmost gravity, on the basis of a fingerprint. Judge Jones allowed as how he had sent people to prison for life on the basis of a single fingerprint. Mayfield's attorneys asked to see a copy of the allegedly matched fingerprints and have them evaluated by their own expert witness. Knowing he was on thin ice the U.S. Prosecutor refused, claiming it was an issue of national security. Under pressure from Judge Jones, himself pressured by the assiduous federal defenders, the U.S. Prosecutor finally agreed he would give the prints to an independent evaluator selected by Judge Jones. The prints were given to Kenneth R. Moses of San Francisco, an SFPD veteran who runs a company called Forensic Identification Services which, among other things, proclaims its skills in "computer enhancement of fingerprints". It was "quite difficult", Moses said, because of "blurring and some blotting out", but yes, the FBI had it right, and there was "100 per cent certainty" that one of the prints on the blue bag in Madrid derived from the left index finger of Brandon Mayfield. Moses transmitted this confident opinion by phone to Judge Jones on the morning of May 19. Immediately following Moses' assertion, the U.S. attorney stepped forward to confide to Judge Jones dismaying news from Madrid from the Spanish police that very morning. The news "cast some doubt on the identification". This information, he added, "was classified or potentially classified". The prosecutors then huddled with the judge in his chambers. After 20 minutes, Judge Jones stormed back out and announced that the prosecutors needed to tell the defense lawyers what they had just told him. The prosecutor duly informed the courtroom that the Spanish police had identified the fingerprint as belonging to the right middle finger of Ouhnane Daoud, an Algerian national living in Spain. Daoud was under arrest as a suspect in the bombing. Judge Jones ordered Mayfield to be freed. The U.S. prosecutor said he should be placed under electronic monitoring, a request which the judge turned down. Four days later, on May 24, the warrant for his detention was dismissed. The FBI sent two of their senor fingerprint analysts to Spain on a mission to salvage the Bureau from humiliation. The two analysts did their best, returning with the claim that the fingerprint sent to the FBI by the Spanish police was of "no value for identification purposes", a claim which the inspector general later shot down by pointing that only a few weeks thereafter the FBI's latent fingerprint unit concurred with the Spanish national police lab's determination that the print on the bag matched the right middle finger of Ouhnane Daoud. The FBI lab fought an increasingly desperate rearguard battle, eventually claiming that it had been the victim of an excessive reliance on technology. The inspector general points out that the only investigator in the FBI's lab to emerge with any credit is in fact the IAFIS computer that had stated clearly, "close, no match". The inspector general writes the bottom line on the "science" of fingerprint matching He gets the FBI's top examiner to admit that if Mayfield had "been like the Maytag repair man" and not a Muslim convert married to an Egyptian, "the laboratory might have revisited the identification with more skepticism." And Daoud's fingerprint match?
We don't know, but if he was convicted on the basis of fingerprints
alone, we would say there is grounds for an appeal.
|
from CounterPunch Books! The Case Against Israel By Michael Neumann  Grand Theft Pentagon: Tales of Greed and Profiteering in the War on Terror by Jeffrey St. Clair          Sick of sit-on-the-Fence speakers, tongue-tied and timid? CounterPunch Editors Alexander Cockburn and Jeffrey St Clair are available to speak forcefully on ALL the burning issues, as are other CounterPunchers seasoned in stump oratory. Call CounterPunch Speakers Bureau, 1-800-840-3683. Or email beckyg@counterpunch.org.                  |
