Mark Denbeaux | |
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Born | Gainesville, Florida, U.S. | July 30, 1943
Alma mater | College of Wooster (BA) New York University (JD) |
Mark P. Denbeaux (born July 30, 1943, in Gainesville, Florida) is an American attorney, professor, and author. He is a law professor at Seton Hall University School of Law in Newark, New Jersey [1] and the Director of its Center for Policy and Research. [2]
He is best known for his reports on the Guantanamo Bay detention camp and its operations. Denbeaux has testified to Congress about the findings of the center's reports. He and his son, Joshua Denbeaux, are the legal representatives of two Tunisian detainees at Guantanamo. [2] He is also the lead Civilian Military Commission Counsel for two detainees who were tortured by the Central Intelligence Agency in black sites prior to their detainment. Denbeaux is an expert in forensics and has testified as an expert witness in cases across the country.
Denbeaux also is a practicing attorney in the family law firm of Denbeaux & Denbeaux in Westwood, New Jersey.
Mark Denbeaux was born on July 30, 1943, in Gainesville, Florida. He attended local schools before going to the Commonwealth School.
Denbeaux received his B.A. from College of Wooster in 1965. [2] An active supporter of civil rights in the 1960s, Denbeaux participated in the March on Washington on August 28, 1963. Denbeaux later founded an NAACP chapter in Wooster. The Wooster NAACP eventually became the Wooster Orville NAACP because it was too large to be run by students. He was later honored and asked to speak at the 50th anniversary Freedom Dinner in 2015. He participated in the Selma to Montgomery marches for voting rights in 1965. [3]
He attended New York University School of Law, where he received his J.D. in 1968. [2]
After graduating from NYU Law School in 1968, Denbeaux became a founding member of the South Bronx Legal Services. [4] He served as the citywide coordinator for the Community Action for Legal Services, New York's organization of antipoverty lawyers, from 1970 to 1972. During this time he also filed complaints against judges for hostility towards poor people. [5]
During the 1970s and early 1980s, Denbeaux represented Black Panther Party in The Bronx and Manhattan with Jeffrey Brand, now the Dean of the University of San Francisco School of Law. [6] He represented the Young Lords in the Bronx during their takeover of Lincoln Hospital.
In the early 1970s, Denbeaux represented a number of U.S. soldiers charged with disobeying orders during the Vietnam War and the anti-war movement. He defended some in courts martial.
In 1972, Denbeaux joined the Seton Hall Law School Faculty. He has taught courses including Evidence, Remedies, Uniform Commercial Code, Contracts, Professional Responsibility, Federal Civil Procedure, Torts, and Constitutional Law. He has been an elected member of the American Law Institute since 1980. [7]
In 2006, Denbeaux founded the Center for Policy and Research at Seton Hall University Law School. This work was originally inspired by Denbeaux's pro bono representation of two Guantanamo detainees. [8] He and his son are among more than 100 attorneys who have represented detainees there. [9]
The Center produces analytic reports in three key areas: interrogations and intelligence, national security, and forensics. Under Denbeaux's supervision, students working as research fellows in teams develop skills in pattern recognition, factual evaluation, and data analysis; Seton Hall University has published their original reports on issues concerning law and public policy. [8]
Denbeaux is well known for the center's Guantanamo Reports, studies of United States operations and policies at the Guantanamo Bay detention camp; by late 2009, fifteen studies had been published in this series.
The law research fellows have systematically analyzed data published by the Department of Defense; they have reviewed more than 100,000 pages of government documents procured through the Freedom of Information Act. The first report was a statistical analysis of characteristics of the 517 detainees held in 2005. The Guantanamo Reports have been widely cited and published globally. [8]
In 2005, Denbeaux began representing two Tunisian detainees, Rafiq Bin Bashir Bin Jalud Al Hami and Lufti Bin Ali. In 2009, al Hami was released to Slovakia. In 2011, bin Ali was released to Kazakhstan. In 2009, he began his pro bono representation of two more detainees, Abu Zubaydah and Mohamad Farik Amin. Denbeaux represented them in their habeas corpus petitions and remains the lead civilian defense counsel for both detainees. He has testified before the Senate Armed Services Committee and the Senate Judiciary Committee, as well as a variety of House and Senate subcommittees, regarding Guantanamo Bay and national security issues. [10]
Denbeaux is an expert in forensic testimony. He teaches an upper-level seminar at Seton Hall Law on forensic evidence. The course evaluates the reliability of experts who testify as to handwriting identification, fingerprint identification, ballistics, tool marks, blood spatter, bite marks, and other crime scene forensic evidence and witnesses. The analysis of these areas includes an evaluation of the reliability and validity of each area's conclusions, the value of each area's proficiency testing, and the methodology upon which the conclusions are reached.
In order to fully evaluate forensic evidence, the center has established a crime laboratory, certified by the requisite proficiency tests. Its representatives have given expert opinions about the methodology used by specific forensic fields in court. Its written reports have been used in court proceedings. A significant part of the seminar includes participating in these projects.
Denbeaux has spoken on the subject of forensic science at dozens of academic gatherings and has testified as an expert witness on the limitations of forensic evidence more than fifty times in state and federal courts as well as in administrative proceedings. [7] His testimony has been cited in published cases in addition to the Third and Eleventh Circuits (U.S. v. Yagman and U.S. v. Pettus).
Denbeaux offered testimony questioning the reliability of handwriting analysis in this 2007 trial. His testimony was limited to his observations about the limitations and/or flaws in handwriting analysis generally, not as specifically applicable to the facts in Yagman. [11]
Denbeaux served as an expert witness in U.S. v. Hines, in which the government's motion to exclude Denbeaux's testimony was deemed moot. The government argued that Denbeaux's testimony did not meet the standards of Daubert and Kumho, while Denbeaux concluded that there is no need for expert testimony on handwriting analysis as it has never been proven reliable. [12]
In U.S. v. Ruth, the issue in question was whether the military judge abused his discretion by denying production of Denbeaux, who was slated to testify as an expert critic of handwriting analysis. [13]
Denbeaux defended Sydney Biddle Barrows, the "Mayflower Madam," in 1984. Barrows ran Cachet, an escort service in New York City, from 1979 until 1984, when the service was shut down. She was charged with promoting prostitution by the Manhattan District Attorney's Office. She eventually pleaded guilty. [14]
In 1997, Denbeaux served as a forensic expert for the trial of Timothy McVeigh, charged with bombing the Oklahoma Federal Building. [15]
Denbeaux serves as Attorney of Counsel for the family law firm Denbeaux and Denbeaux. [16]
The son of a combat chaplain who served with the Third United States Army during World War II. Denbeaux has been a resident of Woodcliff Lake, New Jersey. [3]
Faiz Mohammed Ahmed Al Kandari is a Kuwaiti citizen who was held in extrajudicial detention in the United States' Guantanamo Bay detainment camp in Cuba, from 2002 to 2016. He has never been charged with war crimes.
Ahmed Adil is a citizen of China who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps in Cuba.
Mohamed Atiq Awayd Al Harbi is a citizen of Saudi Arabia formerly held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internee Security Number was 333. The US Department of Defense reports that he was born on July 13, 1973, in Riyadh, Saudi Arabia.
Abdallah Saleh Ali Al Ajmi was a Kuwaiti citizen, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 220. Joint Task Force Guantanamo counter-terrorism analysts reports indicated that he was born on 2 August 1978, in Almadi, Kuwait.
The United States Department of Defense (DOD) had stopped reporting Guantanamo suicide attempts in 2002. In mid-2002 the DoD changed the way they classified suicide attempts, and enumerated them under other acts of "self-injurious behavior".
Mani Shaman Turki al-Habardi Al-Utaybi (1976 – June 10, 2006) was a citizen of Saudi Arabia, who was arrested in 2001 in Pakistan and held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba from early 2002. Al-Utaybi died in custody on June 10, 2006. The Department of Defense reported his death and those of two other detainees the same day as suicides.
No Longer Enemy Combatant (NLEC) is a term used by the U.S. military for a group of 38 Guantanamo detainees whose Combatant Status Review Tribunal (CSRT) determined they were not "enemy combatants". None of them were released right away. Ten of them were allowed to move to the more comfortable Camp Iguana. Others, such as Sami Al Laithi, remained in solitary confinement.
Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghizzawi is a citizen of Libya who was held from June 2002 until March 2010 in the Guantanamo Bay detainment camps, in Cuba because the United States classified him as an enemy combatant. His internment number was 654.
No-Hearing Hearings (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data.
The Seton Hall reports, also known as the Denbeaux studies, are several studies published by the Center for Policy and Research at Seton Hall University Law School in the United States beginning in 2006, about the detainees and United States government policy related to operations at the Guantánamo Bay detention camp. At a time when the government revealed little about these operations, the reports were based on analysis of data maintained and released by the Department of Defense. The director of the Law School's Center, Mark P. Denbeaux, supervised law student teams in their analysis and writing the studies. The first study was Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department of Defense Data.
The Combatant Status Review Tribunal the US Department of Defense commissioned, like the tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a tribunal president.
Anwar Hassan is a Chinese Uyghur refugee who was wrongly imprisoned for more than seven years in the United States Guantanamo Bay detention camps.
Semiannually, the Office of the Director of National Intelligence (ODNI) publishes an unclassified "Summary of the Reengagement of Detainees Formerly Held at Guantanamo Bay, Cuba". According to ODNI's most recent Reengagement Report, since 2009, when current rules and processes governing transfer of detainees out of Guantanamo were put in place, ODNI assess that 5.1% of detainees – 10 men total, 2 of whom are deceased – are more likely than not to have reengaged in terrorist activities.
Does 1-570 v. Bush, No. 1:05-cv-00313, is a combined writ of habeas corpus submitted on behalf of detainees held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.
The Center for Policy and Research at Seton Hall University School of Law is a research organization that analyzes national policies and practices. Law students, participating in the Center as Research Fellows, work to identify factual patterns and inconsistencies in areas that help shape the law and public policy.
Daniel Mann is a lawyer in Newark, New Jersey and a fellow of the Seton Hall Center for Policy and Research at Seton Hall University School of Law. He also gained public exposure beyond the legal and academic communities with his co-authorship of "Report on Guantanamo Detainees, A Profile of 517 Detainees through Analysis of Department of Defense Data," co-authored with Professor Mark Denbeaux, son, Joshua Denbeaux, and four credited co-authors, commonly referred to as the "Denbeaux Study." Additional Guantanamo studies were to follow, including:
Guantanamo Bay homicide accusations were made regarding the deaths of three prisoners on June 10, 2006, at the United States Guantanamo Bay detention camp for enemy combatants at its naval base in Cuba. Two of the men had been cleared by the military for release. The United States Department of Defense (DOD) claimed their deaths at the time as suicides, although their families and the Saudi government argued against the findings, and numerous journalists have raised questions then and since. The DOD undertook an investigation by the Naval Criminal Investigative Service, published in redacted form in 2008.
Al-Qaeda is understood to have operated a number of safe houses, some of which were used as training centres.