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February 24, 2006

The Myth Of Fingerprints 9/11, "War On Terror"  Rights, Law

Alexander Cockburn and Jeffrey St. Clair write in Counterpunch that fingerprint analysis is not the science people think it is (excerpt):

In 1995, [a] Chicago Tribune [investigation] 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." [...]

[P]art of the [FBI's fingerprint identification] 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. [...]

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." [...]

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." [...]

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. [...]

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 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". [Emphasis added]

This story is interesting for several reasons. For one, it's got all the Kafkaesque elements we've unfortunately come to expect from cases associated with the Patriot Act. For another, it demonstrates how forensic "experts" allow non-forensic factors to prejudice their analytical conclusions. And, it shows conclusively that fingerprint evidence needs to be treated with a whole lot more skepticism in the future. It's not the scientific proof it's claimed to be.

What interests me most about the story, though, is that it's an example of a kind of story that has always fascinated me: a story where something that "everybody knows" is true is shown, in fact, to be false. "Everybody knows" fingerprints are unique. "Everybody knows" a person's fingerprints can be used to give 100 percent certain identification. "Everybody knows" fingerprints are, next to DNA, the best forensic evidence there is. But if nearly a quarter of US crime labs claim fingerprint "matches" that are in fact false positives, then everything "everybody knows" about fingerprints is bunk.

What else does "everybody know" that's just flat wrong?

Posted by Jonathan at February 24, 2006 08:51 PM  del.icio.us digg NewsVine Reddit YahooMyWeb

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