DOCSLIB.ORG

| Book Reviews |

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
| Book Reviews | | Book Reviews | Kafka Comes to America: self embroiled in the war on terror and his family was frightened, and his life Fighting for Justice in the War on defending those vilified by the Bush became a nightmare of accusations. It Terror administration and despised by the would take Wax and his team several country. Everyone believes that these harrowing weeks of working feverishly By Steven T. Wax suspects are guilty. Does it matter that to reveal the FBI’s error. (For a history Other Press, New York, NY, 2008. 380 pages, they get a trial? It should matter, because of forensic fingerprints, see Simon A. $25.95. Brandon Mayfield and Adel Hamad, an- Cole, Suspect Identities: A History of Fin- other alleged terrorist whom Wax repre- gerprints and Criminal Identification, sented, were innocent. which I reviewed in the August 2003 is- REVIEWED BY JON M. SAND S On March 11, 2004, a bomb exploded sue of The Federal Lawyer.) in the Madrid subway. The investigation One rewarding feature of Kafka Brandon Mayfield was alleged to be soon centered on an Al Qaeda terror- Comes to America is Wax’s firsthand ac- a terrorist with ties to Al Qaeda and to ist cell with North African connections. count of how a public defender goes have helped explode a bomb in Madrid One piece of evidence was a plastic bag about representing a client. Wax takes that killed nearly 200 people. He was with a fingerprint. The FBI assisted the us through the steps—from the call from facing the death penalty. If you were his Spanish investigation and fed the fin- the court informing the public defend- public defender, what would you say to gerprint into a computer database. The ers’ office that an initial hearing has been him at your first meeting? In this case, investigators were surprised when this set on a new defendant, to the meeting Steven Wax said, “We need to deal with fingerprint led to a match with an Amer- in lock-up, to the initial court appear- reality and be honest with each other. I ican citizen, Brandon Mayfield. Mayfield ances, to the dawning realization of the will never pull any punches with you. was an honorably discharged soldier, a scope of the case. Wax makes clear the You’re going to know exactly what I husband and father, and a Muslim, who enormous responsibility of representing know about the case. There are some had converted to Islam at the behest a person who is facing the death pen- tough decisions that you will have to of his wife, whose father was Egyptian alty for terrorism and who insists that he make, and my job is to help you make and was teaching at an American col- is completely and absolutely innocent. them, armed with the best and most lege. The Spanish authorities did not Defense counsel are usually inured to complete advice I can give you. You believe that the fingerprints matched, such protestations and become all the may not always like what I say and, but the FBI’s so-called experts, in their more skeptical of them when the pros- when you don’t, remember this conver- zeal, viewed the evidence through their ecution claims to have fingerprints. But sation and that I can serve you best with prism of bias and saw what they wanted Wax makes clear to Mayfield that he will complete honesty between us.” This is to see. defend him zealously, no matter what; what Wax says to all his clients, and he The supposed match was a botched as Wax tells Mayfield, in pressing him is true to his word. comparison, but this was not discovered about what really happened, “whether Brandon Mayfield, a lawyer, was sus- until later. In the meantime, the FBI or not I believe you are innocent is not pected in the Madrid bombings because thought that it had its man and began to the issue. I’m going to fight just as hard of a supposedly damning fingerprint connect the dots of his life, rather than for you whether you are involved or found on a plastic bag associated with re-examine the points of comparison not. The truth matters in deciding what a terrorist cell. It was Wax’s mission to between the ridges, loops, and whorls we do, not whether I fight.” Even with defend him as best as he could, and of the two sets of fingerprints. To the his legal training, Mayfield was skeptical Wax did so, exemplifying the best tra- FBI, Mayfield’s life conveyed circum- of Wax’s assurances. ditions of the legal profession and the stantial evidence of guilt, because May- Wax takes us through his decisions guarantees of the Sixth Amendment. field had represented Arabs on immi- and the hesitancy he felt, in light of the Kafka Comes to America is Wax’s ac- gration charges, and, in this capacity, he fingerprint match, at banking so much count of representing Mayfield, told in had ties with a known terrorist. There- on his client’s protestations of inno- the way Wax said that he would deal fore, he must have been involved in the cence. He re-creates the atmosphere of with Mayfield: with honesty and with bombing. In the military, Mayfield had fear, and the government’s whipping up no pulled punches. And what a story it worked on Patriot missiles; therefore, in of opinion against Mayfield by leaking is! Wax and I are colleagues; he is the the FBI’s eyes, he must know about ex- information to the press as well as misin- federal public defender for the District plosives. His conversion to Islam surely formation on “deep background.” Wax, of Oregon, and I am the federal pub- indicated a radicalization of his views, in the meantime, began to examine the lic defender for the District of Arizona. and his Internet searches of the news government’s case, but he encountered Knowing Wax, it is impossible not to be of terrorist attacks must suggest that he a problem: the government was not in affected by his grace and commitment himself planned a terrorist attack. May- the mood to share its evidence of May- to indigent defense. Yet, although one field’s home was subject to “sneak and field’s innocence and hid behind claims can be committed to defending indigent peek” searches. And then, on May 6, of “classified information” and national clients charged with ordinary crimes, it 2004, he was arrested, his office and files is something else entirely to find one- were seized, his home was ransacked, REVIEWS continued on page 50 July 2008 | The Federal Lawyer | 49 REVIEWS continued from page 49 security. Wax also had to consider the as an enemy combatant. Held for years, you anything he learns from any risks he would run in asking the court he was finally able to challenge his con- classified source. Now defend to allow his own expert to examine the finement when, in Rasul v. Bush, 542 yourself.” fingerprint; for example, if the request U.S. 466 (2004), the Supreme Court held was granted, the government might try that it had jurisdiction to consider habe- Wax’s account of the jury-rigged pro- to come up with a new theory to show as petitions from Guantanamo inmates. ceedings at Guantanamo, which he ef- Mayfield’s complicity in the attack. We Hamad penned the following: fectively interweaves with his account know the ending of Mayfield’s experi- of the Mayfield case, demonstrates the ence, but the story is still engrossing be- I request your honorable court to craft and persistence of counsel. Some- cause of Wax’s and his team’s doubts, look into my request with consid- how establishing trust with a client who concerns, and calculations. Wax’s de- eration and that is that I object to had no reason to trust him, Wax and pictions of in-chamber conversations my detention at the Guantánamo his defense team get crucial information with a skeptical judge and the dealings Bay, Cuba detention camp as an that corroborates Hamad’s story of his with the good cop/bad cop prosecutors enemy combatant. Therefore I whereabouts and charitable mission. In- all ring true. Some bruised feelings may wish to file a petition for a Writ of vestigation in war-torn and dangerous come out in Wax’s characterizations, Habeas Corpus. With my appre- countries ensues as well as more trips but nothing that seems like an attempt ciation and my respect to you and to Guantanamo, and finally, despite at settling the score. Assistant U.S. at- my trust you will do me justice. the tribunal’s skepticism, Wax secured torneys who are assigned to prosecut- Hamad’s release. ing accused terrorists, especially those This habeas corpus petition, the The efforts of lawyers like Wax dem- from the main office of the U.S. Depart- venerable Great Writ, landed on Wax’s onstrate how important counsel is. Pro- ment of Justice and not from the local desk by virtue of his job as a federal de- viding independent counsel is not a districts, appeared to be true believers; fender. What follows is the Kafkaesque wink to due process, but gives innocent those with doubts kept them to them- experience of trying to defend someone people the ability to defend themselves selves. without knowing the evidence or even against the power of the state. Even if a Wax’s efforts led to the unraveling of the charges filed against him. This mad- defendant is guilty, the verdict is mean- the case.
Load more

Recommended publications
  • The 1 Millionth Telephone Was Installed in May…1967
    The 1 Millionth Telephone Was Installed In May…1967 On April 25th, we observe National Telephone Day. The correct answer to a trivia question like “Who invented the telephone?” is the name on the patent. In this case, the whole world knows the answer is Alexander Graham Bell. Had his attorney been delayed by foul weather or poor planning, the answer may be a different name. It was February 14, 1876, when Marcellus Bailey, one of Bell’s attorneys rushed into the US Patent office in Boston to file the patent for what would be the telephone. Later the same day, Elisha Gray filed a patent caveat for a similar device. A caveat is an intent to file for a patent. There is also a third contender. Antonio Meucci filed a caveat in November of 1871 for a talking telegraph but failed to renew the caveat due to hardships. Because Bell’s patent was submitted first, it was awarded to him on March 7, 1876. Gray contested this decision in court, but without success. Born March 3, 1847, in Edinburgh, United Kingdom, Bell was an instructor at a boys’ boarding school. The sounds of speech were an integral part of his life. His father developed a “Visible Speech” system for deaf students to communicate. Bell would later become friend and benefactor of Helen Keller. Three days after the patent was approved, Bell spoke the first words by telephone to his assistant. “Mr.Watson, come here! I want to see you!” By May, Bell and his team were ready for a public demonstration, and there would be no better place than the World’s Fair in Philadelphia.
    [Show full text]
  • S National Telephone Day
    Call Someone And Tell Them It’s National Telephone Day On April 25th, we observe National Telephone Day. The correct answer to a trivia question like “Who invented the telephone?” is the name on the patent. In this case, the whole world knows the answer is Alexander Graham Bell. Had his attorney been delayed by foul weather or poor planning, the answer may be a different name. It was February 14, 1876, when Marcellus Bailey, one of Bell’s attorneys rushed into the US Patent office in Boston to file the patent for what would be the telephone. Later the same day, Elisha Gray filed a patent caveat for a similar device. A caveat is an intent to file for a patent. There is also a third contender. Antonio Meucci filed a caveat in November of 1971 for a talking telegraph but failed to renew the caveat due to hardships. Because Bell’s patent was submitted first, it was awarded to him on March 7, 1876. Gray contested this decision in court, but without success. Born March 3, 1847, in Edinburgh, England, Bell was an instructor at a boys’ boarding school. The sounds of speech were an integral part of his life. His father developed a “Visible Speech” system for deaf students to communicate. Bell would later become friend and benefactor of Helen Keller. Three days after the patent was was approved, Bell spoke the first words by telephone to his assistant. “Mr.Watson, come here! I want to see you!” By May Bell and his team were ready for a public demonstration and there would be no better place than the World’s Fair in Philadelphia.
    [Show full text]
  • 4176,Wyscig-Po-Patent.Pdf
    Antykorupcja https://antykorupcja.gov.pl/ak/retrospekcje/retro/4176,Wyscig-po-patent.html 2021-09-27, 01:15 Wyścig po patent W Stanach Zjednoczonych egzaminatorów urzędu patentowego, pełniących urząd zaufania publicznego, obowiązuje kodeks etyki, który zakazuje przyjmowania prezentów, łapówek oraz uczestniczenia w przedsięwzięciach, które mogłyby spowodować konflikt interesów*. Piłem, byłem przygnębiony, nerwowy i nieprzygotowany do tak ważnej sprawy. Nie zdawałem sobie sprawy ze znaczenia moich zeznań. – Zenas Fisk Wilber, egzaminator urzędu patentowego Każdy z milionów wynalazków przed opatentowaniem musi zostać przeegzaminowany przez biegłego w danej dziedzinie**. Surowe przepisy ewoluowały i były skutkiem wielu wcześniejszych przypadków niesprawiedliwego przyznania patentu, co często wiązało się ze sporymi pieniędzmi, które wynalazca mógł otrzymać po wdrożeniu urządzenia do produkcji, nie wspominając o sławie. Jednym z najgłośniejszych przykładów jest chyba ten związany z prototypem telefonu Aleksandra Grahama Bella, a wyścig po patent miał miejsce w 1876 r. Dekadę po przyznaniu patentu i okrzyknięciu Bella wynalazcą telefonu, 22 maja 1886 r., gazeta „The Washington Post” na pierwszej stronie opublikowała szokujący artykuł pod tytułem Wilber się przyznał, w którym egzaminator urzędu patentowego Zenas F. Wilber, oświadczył, iż Bell podczas starań o opatentowanie telefonu wręczył mu 100-dolarowy banknot1. W artykule znajduje się ręcznie nakreślony szkic urzędu patentowego z zaznaczonym miejscem wręczenia łapówki. Miała być ona odpowiedzią na niezgodne z prawem okazanie prawnikowi Bella aplikacji Elishy Graya. Można by więc sądzić, że ten przedstawił wniosek o opatentowanie prototypu telefonu przed Bellem. Zgodnie z tym, co podaje gazeta, Zenas Fisk Wilber złożył następujące oświadczenie: Jedno z moich zeznań z 21 października 1885 r., zostało złożone na żądanie pana Swana – radcy Bell Company, w czasie kiedy bardzo cierpiałem z powodu alkoholizmu.
    [Show full text]
  • Uma Das Patentes De Alexander Graham Bell
    UNIVERSIDADE ESTADUAL DE CAMPINAS INSTITUTO DE FÍSICA “GLEB WATAGHIN” F 609 – TÓPICOS DE ENSINO DE FÍSICA I Coordenador: Profº Dr. Jose Joaquín Lunazzi TELEFONE COM DIAPASÃO: UMA DAS PATENTES DE ALEXANDER GRAHAM BELL André Coelho da Silva* Orientação: Profº Dr. Peter Alexander Bleinroth Schulz** 2º semestre de 2009 – Relatório finalizado em 3 de dezembro * [email protected] ** [email protected] 1) RESULTADOS ATINGIDOS Após a coleta dos materiais necessários e a busca por fontes de informação sobre o tema, foram alcançados como resultados uma bem-sucedida realização do experimento do telefone com diapasão e uma discussão da parte histórica envolvida no surgimento do telefone. Ou seja, foi possível, assim como fez originalmente Alexander Graham Bell, transmitir o som de um diapasão através de fios elétricos e ouvi-lo com o auxílio de um alto-falante; e realizar um trabalho sobre a evolução das telecomunicações focado principalmente no telefone e nos protagonistas de seu desenvolvimento. Deve-se ressaltar que, ao menos a priori, não há restrições no que diz respeito ao público-alvo deste trabalho. 2) FOTOS DA EXPERIÊNCIA Seguem logo abaixo as fotos dos materiais utilizados: Figura 1: Diapasão de garfo Figura 2: Bateria de 9 Volts Figura 3: Alto-falante Figura 4: Parte de trás do alto-falante 2 Figura 5: Tipo de fio elétrico usado Figura 6: Recipiente com água e vinagre Com os materiais acima, montamos o experimento: Figura 7: Montagem experimental – as setas azuis indicam que dois fios compõem o fio branco do alto-falante, um deles deve ser ligado ao diapasão e o outro à bateria 3 3) DIFICULDADES ENCONTRADAS Na etapa de coleta de materiais houve certa dificuldade em encontrar um alto-falante que pudesse ser usado, então, o retiramos de uma “caixinha” de som (de computador).
    [Show full text]
  • Alexander Graham Bell (March 3, 1847 – August 2, 1922) Was An
    Alexander Graham Bell (March 3, 1847 – August 2, 1922) was an eminent scientist, inventor, engineer and innovator who is credited with inventing the first practical telephone. Bell's father, grandfather, and brother had all been associated with work on elocution and speech, and both his mother and wife were deaf, profoundly influencing Bell's life's work.[1] His research on hearing and speech further led him to experiment with hearing devices which eventually culminated in Bell being awarded the first U.S. patent for the telephone in 1876.[N 1] In retrospect, Bell considered his most famous invention an intrusion on his real work as a scientist and refused to have a telephone in his study.[3] Many other inventions marked Bell's later life, including groundbreaking work in optical telecommunications, hydrofoils and aeronautics. In 1888, Alexander Graham Bell became one of the founding members of the National Geographic Society.[4] Contents [hide] • 1 Early years o 1.1 First invention o 1.2 Education o 1.3 First experiments with sound o 1.4 Family tragedy • 2 Canada • 3 Work with the deaf • 4 Continuing experimentation • 5 Telephone o 5.1 The race to the patent office o 5.2 Later developments o 5.3 Competitors • 6 Family life • 7 Later inventions o 7.1 Metal detector o 7.2 Hydrofoils o 7.3 Aeronautics • 8 Eugenics • 9 Legacy and honors o 9.1 Honorary degrees • 10 Death • 11 See also • 12 References • 13 External links o 13.1 Patents o 13.2 Movie biographies Early years Alexander Bell was born in Edinburgh, Scotland on March 3, 1847.[5] The family home was at 16 South Charlotte Street, and now has a commemorative marker at the doorstep, marking it as Alexander Graham Bell's birthplace.
    [Show full text]
  • Meucci and Bell
    INDEX The Meucci-Bell Dichotomy ........................................................................................................ 1 ABSTRACT........................................................................................................................................1 Foreword .............................................................................................................................................1 The origin of the suspicion..................................................................................................................2 Allegation no. 1: Bell heard of Meucci’s invention from vox populi in New York .............................6 Allegation no. 2: Bell got details of Meucci’s invention Western Union...........................................12 Allegation no. 3: Bell got details of Meucci’s invention at the Patent Office in Washington............20 Bell’s first visit to Washington (February 16 to March 2, 1875) ................................................................ 20 Bell’s second visit to Washington (February 26 to March 6, 1876)............................................................ 24 Corruption and breach of secrecy at the Patent Office.......................................................................26 Improvements made by A. G. Bell on his telephone after filing his first patent ................................28 Conclusions.......................................................................................................................................33
    [Show full text]
  • Donald-Conklin-IDT.Pdf (1.582Mb)
    The Synchronological Charting of The Evolution of Electronic Communications The Synchronological Charting of The Evolution of Electronic Communications A Master’s Thesis Project Presented to The Information Design and Technology Program In Partial Fulfillment of the Requirements for the Master of Science Degree State University of New York Polytechnic Institute By Donald Conklin May 2019 i The Synchronological Charting of The Evolution of Electronic Communications SUNY POLYTECHNIC DEPARTMENT OF COMMUNICATIONS AND HUMANITIES CERTIFICATE OF APPROVAL Approved and recommended for acceptance as a thesis in partial fulfillment of the requirements for the degree of Master of Science in Information Design and Technology _______________________________________ DATE ____________________________________________ Russell Kahn, PhD Advisor ____________________________________________ Kathryn Stam, PhD Second Reader ii The Synchronological Charting of The Evolution of Electronic Communications ABSTRACT From 1850s to the present time, electronic communications have been evolving from the analog transmission of harmonics over a singular wire connected to boxes with a single hole for transmitting and receiving to texting, FaceTime, Facebook, and twitter. This evolution did not follow a direct path from A to B; instead, it took a winding and interlocking path. This path is represented via a timeline that textually analyses the data collected, and through graphical interpretation, depicts the history of the path. With this one should be able to see the growth of the enterprises through history, which is shown horizontally, as well as the different variables that affected their growth along the way, depicted vertically. Both of these variables are depicted on one chart, from the same vantage point. This timeline not only shows the path of growth of the technology and its enterprises but also the interrelations of the different enterprises and how either technology, politics, or geographic presence influenced this swath.
    [Show full text]