[NM] Scientist in nuclear secrets case to be freed on bail

KaMaKaZe

New member
$20 says we won't hear from this guy again.. slow boat to China maybe?

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Scientist in nuclear secrets case to be freed on bail

By SUE MAJOR HOLMES, The Associated Press

ALBUQUERQUE, N.M. (August 25, 2000 6:50 a.m. EDT http://www.nandotimes.com) - saying the government's case "no longer has the requisite clarity and persuasive character necessary" to keep Wen Ho Lee in jail pending his trial, a federal judge has agreed to free the former Los Alamos scientist who has been accused of mishandling nuclear secrets.

U.S. District Judge James Parker's ruling Thursday follows a hearing last week in which Lee's lawyers cast doubt on the solidity of the government's case and on the sensitivity of the nuclear material involved.

Two previous bail requests for Lee since his arrest Dec. 10 had been rejected.

"I conclude that there now is a combination of conditions that will reasonably assure the appearance of Dr. Lee as required and the safety of the community and the nation," said Parker, who had denied the last bid for bail late in December.

Lee, 60, wasn't immediately released. The judge set a hearing for Tuesday on the conditions of his release after eight months in jail.

Under the judge's proposal, the Taiwanese-born scientist would be required to remain at his White Rock home under surveillance at most times, and all of his telephone calls and mail could be inspected. He could leave only in the company of at least one of his lawyers and would be required to report by telephone twice a day to the federal court.

The only other person who could live there would be his wife, Sylvia Lee, but his children could come for visits prearranged with authorities. She could leave the home only after notifying authorities of where she was going and why and when she planned to be back and law enforcement agents would be allowed to search her both before and after her trip.

Lee's bond would be secured by his property and that of friends and relatives. Some 15 friends and relatives appeared before Parker last week to offer their property to allow Lee to be freed on bail. Their property, combined with Lee's, is worth about $2.2 million, defense attorneys said.

The U.S. attorney's office and Justice Department said they were reviewing Parker's order and would respond in court.

Victor Hwang, managing attorney for the Asian Law Caucus, said: "The conditions, while restrictive, are livable restrictions." Parker this week granted friend-of-the-court status to the caucus and the American Civil Liberties Union to file briefs in support of disclosing any evidence that Lee was singled out for prosecution because of ethnic bias.

Lee, who was fired from Los Alamos National Laboratory last year, is charged with 59 counts alleging he transferred restricted data to unsecure computers and tape. Some of the tapes are missing.

Parker heard three days of arguments last week about Lee's release.

Lee's lawyers argued that he was singled out because he is Asian, and they got an FBI agent whose testimony was key to denying the scientist bail to acknowledge that he had given inaccurate testimony against Lee.

Chief prosecutor George Stamboulidis argued that Lee could help someone build a bomb or help a country bolster its nuclear program if he is released from jail.

"The breadth of the potential harm is so great that ... even a reduced risk is too great to take that gamble," he said.

However, defense attorney Holscher told Parker there is no evidence Lee "has the political motivation, the financial motivation or the destructive intent" to do anything harmful with the material he is accused of downloading.
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The story can be found HERE.


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