Posted on 08/29/2004 4:34:06 PM PDT by Sandy
Brandon Mayfield, the Portland-area lawyer and Muslim convert wrongly accused in the deadly Madrid train bombing, has hired celebrity trial lawyer Gerry Spence in a possible civil suit against the federal government.
Spence has a high-profile client list that includes former Philippine first lady Imelda Marcos, the family of plutonium worker Karen Silkwood and white separatist Randy Weaver.
The Wyoming-based Spence will work on the Mayfield case with a Portland civil rights lawyer, Elden Rosenthal, and a Newport lawyer, Michele Longo Eder. The attorneys, none of whom were available for comment Thursday, notified the federal court in Portland this week that they were replacing federal public defenders Steven Wax and Chris Schatz.
Mayfield, 38, has a modest West Slope law practice focusing on immigration and family law. He has not filed anything against the government but has spoken about the possibility. He did not return a call for comment Thursday.
Mayfield was arrested in May as a material witness in the Madrid bombing case after the FBI linked a fingerprint found near the scene to him. He spent two weeks in jail before the FBI acknowledged it had made a mistake and apologized to Mayfield after his release.
Legal experts said the likely basis for a lawsuit would be a civil rights claim. Mayfield also could sue individuals responsible for his detention or the government for invasion of privacy or for false imprisonment.
Mayfield, a father of three from Aloha, has said his detention damaged his reputation, his law practice and his family. He has said he was targeted because of his religious beliefs by a government overzealous in its fight against terrorism.
Spencer Neal, a Portland lawyer who spent two decades representing plaintiffs in police cases, said it's especially difficult to sue the federal government. He said suits against the government are particularly labor-intensive, and the government controls all of the evidence and witnesses.
"So, good luck," said Neal, who has lost the two or three cases he's filed against the FBI. "It can be done, but they are just generally difficult cases."
Neal said one advantage Mayfield has is that Spanish authorities doubted the fingerprint was his early in the case. In addition, the FBI did not conduct a thorough analysis of the print at the start of the case, although the government told a federal judge the print definitely was Mayfield's.
"That wasn't true, and they knew it wasn't true because the Spanish police were saying, 'Wait a minute. We've got a problem here,' " Neal said.
Since his release, Mayfield has become a spokesman of sorts about civil liberties and the potential perils of the nation's war on terrorism. A quiet man who converted to Islam, Mayfield has talked to immigration and Muslim groups about his ordeal. He has spoken in particular of his concerns about how federal authorities use the Patriot Act.
He steadfastly maintained his innocence throughout his detention and refused to submit to questioning by federal authorities. Beginning with his first appearance before U.S. District Judge Robert Jones, Mayfield made clear that he had no connection to the bombing and that the fingerprint found on a bag of detonators was not his.
During an address to the Portland City Club in June, Mayfield described a harrowing two weeks in jail, including the first week in lockdown.
Spence, a regular legal commentator on cable television, is frequently tapped by the media for his opinions on trials of everyone from Saddam Hussein, the deposed Iraqi leader, to Scott Peterson, the California man accused of murdering his pregnant wife. He's also a prolific writer whose books include "Seven Simple Steps to Personal Freedom," "The Making of a Country Lawyer" and "How to Argue and Win Every Time."
Josh Marquis, Clatsop County's district attorney, battled Spence during a 1985 juvenile case. Marquis beat Spence, winning the equivalent of a manslaughter conviction against Michael Jones Jr., a 15-year-old accused of shooting a neighbor to death in a property dispute. Four years later, the Oregon Court of Appeals reversed the conviction.
Spence also defended Jones' mother, Sandra Jones, against a murder charge in the same incident. Charges against Sandra Jones were dismissed in 1986, only to be reversed by the state Court of Appeals. The trial was moved to Multnomah County, and she was acquitted in 1988.
The case was the basis of Spence's recent book, "The Smoking Gun."
Marquis described Spence as a better storyteller and attention-getter than a trial lawyer.
"Watching his trials is enormously entertaining," Marquis said. "People came from all over Oregon when I beat him in that trial in 1985."
Marquis said Spence is a good choice if Mayfield wants to draw attention to the case, "although most of the attention will be directed to Gerry Spence and not to Mr. Mayfield."
Stephen Beaven of The Oregonian staff contributed to this report. Noelle Crombie: 503-276-7184; noellecrombie@news.oregonian.com
The guy with the cowboy hat?
Yeah,the cowboy hat that tries to cover his huge ego,but fails.
And the leather jacket with the fringes on it. Seems fittin', considering his past clientele.
Alas!
He's found his perfect venue.
I think the only reason he wasn't charged, was because he gave the FBI information that they wanted.
Spence will defend anyone with cash. Another successful low life lawyer.
I never thought he was innocent and still don't.
I guess trial lawyers have to have big egos-- at least the successful ones do. Gerry Spence is one of the most successful when it comes to high-profile cases. I can't say I agree with his political views but he has a way of making his adversaries beat themselves. I'd hate to play poker against him.
Muslim convert wrongly accused
slightly slanted, but then that is part of the AlQuaeda center of the US.
I would love to see this guy go to court and the have the govt publically arrest him for espionage, convict him, then execute him by firing squad.
If the story is no more than what has been reported, I sympathize with the man.
Spence was masterful in getting a good outcome for the victims at Ruby Ridge.
Meanwhile that sometime pig Dershowitz brushed off with ease the 13 year old's murder, cause his bigotry was towards the Jewish people. Not hard to imagine, but still swine like.
Gerry Spence = Braindead!!!
He defended Randy Weaver against the US Government and WON. And rightfully so. Yet to this day, there have been no murder charges filed against those who killed Randys wife.
Like him or not, this guy is very good.
You better get your facts straight on the Weaver case before you spout off.
It acually started at a gun show and later the feds set Weaver up by trying to buy an illegal gun from him.
It was reported that Weaver had pictures of Hitler plastered in his house, thus my reference to him being a filthy bigot. I never implied that Weaver, himself, was necessarily guilty as charged, just that I thought that the unjust murders of his wife and kid are probably what also contributed to Spence's taking the case.
"Spence will defend anyone with cash. Another successful low life lawyer."
Defending "anyone" doesn't appeal to me, but I've always thought cash beats working for nothing.
OH I see..it was reported. So that makes it true then does it? Fact is Randy did do business with those of that group and although he was in the fringe he never fully belonged. If you knew that part of the country you would know that there are lots like that out there. Those who want to drop out of site for whatever reason. Although the Aryan Nation is a wacked out bunch, all one has to do is simply sit back and watch these people and let them blow their steam off and contain them. Yet we all never hear diddly about the communist and such that support the present democrat for president do we. By and far as dangerous as the former and as nasty if they gain power..which could happen if Kerry gets in.
Here is the fact, Randy Weaver was never convicted of ANY of the crimes that brought this about..he was found innocent. The ATF LIED about him and set him up. So now I suppose this would set a person like you and I on the side of the ATF wouldnt it? They actually showed Weaver where to saw the shotguns off so they would be illegal. Weavers fault was that he failed to show for the original trial and had a warrant issued for him as a result. The ATF agents shot his son in the back, shot one of his friends and shot his wife while she was holding thier child.
This and Waco was the result of a government agency run out of control and their failure to have the proper authority go and take control..the local Sherrifs. Those agents got away with murder, plain and simple.
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