walls that came crumbling down on brandon mayfield.did you first have a sense that you and your family might have been subject to direct surveillance by the government? >> a footprint on the floor that were bigger than any shoe size we had, so we could only surmise somebody had been in the house. >> mayfield and his wife, mona were living a quiet life, but in may 2004, after weeks of secret government search and surveillance, federal authorities come knocking on mayfield's door. >> i said if you have any question to ask me, put them to me in writing, and i could tell right away that wasn't going to make them go away. >> in march 2004, a terrorist attack on trains in madrid, spain, have killed 191 people. spanish police found a fingerprint near the scene on a bag of detonators. they sent a photo copy of that print to the fbi. the fbi decided that fingerprint matched brandon mayfield. >> they started physically forcibly making their way into my office. i proceeded to forcibly handcuff me. >> while you were being taken into custody at you

that has now become a central issue in the cold case murder trial of james mayfield, arrested two years ago at the bay view church where he was a deacon. mayfield charged with murder of jenny reed, found raped and stabbed in 1976. >> ochbldz linking the defendant to the crime is dna. and the analyst who's did part of the testing in this case is the one being critiqued in the memo. and some laboratories are being critiqued. >> and the d.a.has now given that memo to the judge, who will decide whether to give to it the public defender. the captain in charge of the crime lab declined a camera interview but told me that thean lift followed accepted procedures and profiling the dna and adds that he also can't comment about it have you been been able to talk to rock carmen? >> yes. he told me that the prosecutors should release that memo to the defense and to the public z the d.a.'s office maintains that it was a privileged -- privileged report and the city attorney agree was the position and say the judge should now decide if it's relevant in this particular cold case. >> vic lee is reporting

it was bearing down on the entire east coast and max mayfield, the former national hurricane directorthis is my worst nightmare! when you got a guy like that saying. >> i don't disagree with the need for constructive warning. we expect in vermont you will get real devastation. but let's not let the news media off the hook. chuck scarborough of nbc made unguarded moment, "we're in the news business. we deal in doom." they love it. >> yes. if it floods, it leads. if it doesn't rhyme the way it bleeds and leads does, but the same philosophy. we needed the media out there when we thought the storm would be very large to convince people to take precautions that probably did save lives. >> one media critic said it was overhyped by the media for ratings. that ignores that the networks lost millions in revenue because they kicked away all of the commercial breaks. >> also, numbers in some places go up and you can use down the road for the sales purposes. so maybe the revenue will come back and credibility. if indeed what you are reporting is accurate. >> if it's a flood, as good as blood. >>

the memo has become a central issue in the cold-case murder trial of james mayfield arrested two years ago at the bay view church where he was a deacon. he's charged with murder of jenny reed found raped and stabbed in 1976. >> the only evidence linking the defendant to the crime is dna. and the analyst who did part of the testing in this case is the whoun was being critiqued. >> the lab also came under fire last year when the public defender received an anonymous letter revealing some samples had been switched. and that the lab kept a mix up quiet almost two years. >> what we're seeing is repeated pattern of hiding until something significant happens. >> and the d.a.does not make memo public and is now giving it to the judge saying he should decide if there is rel convenience in this case. the captain says they followed procedures in the case. both declined camera interview autos vic, thank you. >> uc students and parents have a new reason to worry about the cost of education in the uc system there. is talk about raising the tuition to $220,000 per year. abc 7 is on the proposal and t

a federal judge ruled in favor of temporarily releasing mayfield. >> false id happens in law enforcement with power to the patriot act that the government took, did false id become a more dangerous thing? >> there's certain rights that were demanded by the people and guaranteed to us. one is the fourth amendment to privacy, which said you are to be free against unreasonable searches and seizures. no warrant. upon probable cause of the place, person to be seized, it is seriously under attack. >> prior to the patriot act, guidelines are spelled out by the act of 1978. it allows for secret surveillance to gather foreign intelligence. >> the patriot act amended that. there's a slight change. it says you could get the secret warrant to do a secret search. have a significant purpose to gather foreign intelligence. it undermines you and hides americans rights. >> the case is dismissed ast su. federal authorities issue two formal apologies and he's awarded a monetary settlement. >> i grew up in kansas. a handshake and apology means something to me. >> you reflect on what the decade has been like