Story Published:
Mar 10, 2006 at 3:40 PM PST
Story Updated:
Nov 29, 2006 at 10:05 AM PST
- By WILLIAM McCALL
Associated Press Writer
PORTLAND, Ore. - An FBI mistake on fingerprint
identification in the 2004 Madrid train bombings was a "watershed
event" that has resulted in improvements but more needs to be done
to make sure the mistake isn't repeated, according to a federal
report.
The 330-page Department of Justice report released Friday, the
day before the second anniversary of the bombings, repeats the
department's earlier conclusion that FBI fingerprint experts could
have prevented the misidentification that led to the mistaken
arrest of Portland attorney Brandon Mayfield.
"Among other things, the examiners applied circular reasoning,
allowing details visible in Mayfield's known prints to suggest
features in the murky or ambiguous details ... that were not really
there," the report by the department's internal watchdog said.
FBI experts mistakenly matched fingerprints found on a bag of
detonators in Madrid to Mayfield's after the March 11, 2004 train
bombings that killed 191 people and wounded more than 1,500.
Mayfield, who was jailed for two weeks in 2004 on a material
witness warrant, was released after the FBI acknowledged the
fingerprint was not his. Mayfield is suing the federal government.
The Justice Department's Inspector General, Glenn Fine,
conducted an investigation into Mayfield's arrest.
An executive summary of Fine's conclusions was released in
January. In that report, Fine faulted the FBI for sloppy work but
concluded the government did not misuse the Patriot Act during its
investigation and did not target Mayfield because he is a Muslim
convert.
The report released on Friday elaborates on those findings.
Whole blocks of some pages of the report have been blacked out -
especially details of the FBI's search of Mayfield's home and
office, which are the subject of Mayfield's lawsuit.
The full report states that the misidentification of the
fingerprint was a "watershed event for the FBI Laboratory, which
has described latent fingerprint identification as the 'gold
standard for forensic science."'
The report praises the FBI for undertaking "an ambitious
research project" to improve fingerprint identification as a
result of the mistake.
But Fine adds that "we found that some of the changes adopted
by the (FBI) Laboratory were not fully responsive to the issues
raised by the Mayfield misidentification."
The report outlined at least six recommendations, including
alternate procedures for verifications; reviewing previous cases
based on a single fingerprint identified through the FBI's
Integrated Automated Fingerprint Identification System; and
requiring documentation of observed features before comparisons are
made to confirm the identification.
U.S. Attorney Karin Immergut, whose Portland office handled the
investigation with the FBI, defended local agents and noted that a
separate report by the Justice Department's Office of Professional
Responsibility found there were no ethical or professional
violations by her prosecutors in the case.
"The errors that occurred were in the FBI lab and the people in
Portland were not at fault," Immergut said Friday.
FBI Special Agent Ann Todd, a spokeswoman for the lab, said the
two FBI experts who first examined the print are not doing case
work, "although both have been cleared to do so."
An FBI contractor who verified the identification, John Massey,
has "not performed any work for the FBI laboratory subsequent to
the Mayfield error," Todd said.
She said that in the 73-year history of the latent prints
operation, the lab has made an erroneous identification once every
11 years, on average.
Gary Jones, a former FBI fingerprint expert and author of two
books on forensic science, called the Mayfield misidentification an
"aberration."
But Jones said that his own examination of the print, even in
hindsight, indicated there was doubt about a match.
"I don't understand how the identification was made, much less
verified in triplicate like it was," Jones said. "It's like a
mathematician saying 2 and 2 is 5."
Jones said fingerprint experts are suffering the fallout from
the mistake, including him, even though he had left the agency long
before the Mayfield case.
"Even though I'm an independent examiner, I still get hit with
this," Jones said. "If I testify in court the first thing they
ask is, weren't you in the latent print section, and isn't this the
same section that misidentified Mayfield?"
(Copyright 2006 by The Associated Press. All Rights Reserved.)