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Mark Denbeaux

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Mark Denbeaux
Born (1943-07-30) July 30, 1943 (age 81)
Gainesville, Florida, U.S.
Alma materCollege 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.

Early life and education

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Mark Denbeaux at the March towards Selma

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]

Career

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Early career

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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.

Seton Hall University School of Law

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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]

Guantanamo Bay

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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]

Forensics

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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).

U.S. v. Yagman

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]

U.S. v. Hines

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]

U.S. v. Ruth

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]

High-profile cases

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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]

Private practice

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Denbeaux serves as Attorney of Counsel for the family law firm Denbeaux and Denbeaux.[16]

Personal life

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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]

Publications

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Books

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  • Trial Evidence, (I.C.L.E.), (with Michael Risinger), 1978
  • New Jersey Evidentiary Foundations, Denbeaux, Arseneault and Imwinkelried, The Michie Company, 1995.
  • The Guantánamo Lawyers: Inside a Prison, Outside the Law, edited with Jonathan Hafetz, 2010[9]

Center for Policy and Research, Guantanamo Reports

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Center for Policy and Research, Other Reports

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Articles

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  • "Trust, Cynicism, and Machiavellianism Among First Year Law Students, 53 Journal of Urban Law 397" (1976).
  • "Restitution and Mass Actions: A Solution to the Problems of Class Actions," 10 Seton Hall L. Rev. 273 (1979).
  • "Questioning Questions: Problems of Form in the Interrogation of Witness," 33 Arkansas L. Rev. 439 (1980) (with Risinger).
  • "The First Word of the First Amendment," Northwestern University L. Rev. (1988).
  • "Exorcism of Ignorance as a Proxy for Rational Knowledge: The Lessons of Handwriting Identification 'Expertise'," U. of Pa. L. Rev. (1989) (with Risinger & Saks).
  • "Brave New 'Post- Daubert World'--A Reply to Professor Moenssens," 29 Seton Hall L. Rev. 405 (1998) (with Risinger and Saks).

Book review

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  • "Resignation in Protest: Political and Ethical Choices Between Loyalty to Team and Loyalty to Conscience in American Public Life," 4 Hofstra L. Rev. (1976).
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  • American Bar Foundation, 1974–78. Recipient of a grant, with Professor Alan Katz of Fairfield University, Fairfield, Connecticut, to conduct a longitudinal study on law student attitudes toward politics, law and legal education
  • "Alteration or Elaboration: Does Law School Instill Cynicism?," (with Alan Katz), National Conferences on Teaching Professional Responsibility, Detroit, Michigan, Sept. 1977

References

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  1. ^ "Mark Denbeaux". Seton Hall Law. SHU School of Law. Retrieved 20 January 2016.
  2. ^ a b c d "Mark Denbeaux". Seton Hall Law Faculty Profile. Seton Hall Law. Retrieved 27 February 2012.
  3. ^ a b Di Ionno, mark. "The Selma march and the fascinating story behind an iconic photo", The Star-Ledger, March 4, 2015. Accessed November 23, 2017. "The historic photo is a little grainy, produced in black-and-white. That was not by choice, as some artistic metaphor; color photography in 1965 was expensive to print. The picture was part of Ebony magazine's coverage of the third Alabama voting rights march from Selma to Montgomery, which began on March 21, 1965.... 'My father was a combat chaplain with (Gen. George) Patton's 3rd Army,' Denbeaux said during an interview at his home in Woodcliff Lake."
  4. ^ "Mark Denbeaux". Mark Denbeaux: Attorney Biography. Denbeaux & Denbeaux Attorneys at Law. Archived from the original on 22 February 2012. Retrieved 27 February 2012.
  5. ^ McFadden, Robert (December 21, 1970). "Some Judges Held Hostile to Poor". The New York Times. Retrieved October 29, 2019.
  6. ^ "Jeffrey S. Brand". Jeffrey S. Brand Biography. University of San Francisco School of Law. Archived from the original on 19 June 2010. Retrieved 27 February 2012.
  7. ^ a b "Mark Denbeaux". Denbeaux & Denbeaux: Attorney Profile. Denbeaux & Denbeaux Attorneys at Law. Archived from the original on 22 February 2012. Retrieved 27 February 2012.
  8. ^ a b c "Center for Policy & Research". Seton Hall Law. Retrieved 17 March 2012.
  9. ^ a b Richard Bernstein, Letter from America: "Guantánamo Lawyers Showed Their Moral Fiber", New York Times, 8 October 2010, accessed 10 February 2013
  10. ^ https://www.judiciary.senate.gov/imo/media/doc/Denbeaux%20Testimony%20121107a.pdf [bare URL PDF]
  11. ^ U.S. v. Yagman, 2007 U.S. Dist. LEXIS 95505, p. 3
  12. ^ U.S. v. Hines, 55 F. Supp. 2d 62 (1999 U.S. Dist. Lexis 9306), p. 68
  13. ^ U.S. v. Ruth, 46 M.J. 1; 1997 CAAF LEXIS 15, US Court of Appeals for the Armed Forces
  14. ^ Haden-Guest, Anthony (Dec 10, 1984). "The Story of the Mayflower Madam". New York Magazine. Retrieved 27 February 2012.
  15. ^ Jones, Stephen (1998). Others Unknown: Timothy Mcveigh and the Oklahoma Bombing. Public Affairs. ISBN 1-58648-098-7.
  16. ^ "Denbeaux & Denbeaux". Denbeaux & Denbeaux Attorneys at Law. Retrieved 27 February 2012.
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