Nuclear scientist denied bail after judge outlines concerns

By CHRIS ROBERTS

The Associated Press

ALBUQUERQUE, N.M. --- A federal judge denied bail for Wen Ho Lee on Wednesday, citing seven missing computer tapes filled with national nuclear secrets and possible "enormous harm" to the country if the fired scientist were freed.

U.S. District Judge James Parker voiced "great concerns about the extreme restrictions" imposed on Lee in jail.

But he added: "The government has shown by clear and convincing evidence at this time that there is no clear set of circumstances that would guarantee the safety of the community and that the danger presented by the missing tapes has potential for enormous harm."

The judge said he likely would reconsider Lee's request for release, depending on the results of another lie-detector test. He encouraged both sides to agree to another test.

Lee, 60, is charged with 59 counts under the Atomic Energy and Espionage Acts. If convicted, he could be sentenced to life in prison. The charges allege transfer of classified material from secure to unsecure computers and to computer tapes, seven of which remain missing.

The indictment doesn't accuse Lee of passing classified information to any foreign government.

Lee, a former scientist at Los Alamos National Laboratory, has pleaded innocent and said he destroyed the tapes after losing his security clearance. He was fired in March and indicted this month.

On Tuesday, Paul Robinson, president of Sandia National Laboratories, testified Lee's release on bond could compromise U.S. security.

Lee's son, Chung Lee, said the family would appeal. Any appeal would be heard by the 10th U.S. Circuit Court of Appeals in Denver.

"The government is clearly blowing things out of proportion here - -- trying to raise hysteria with this McCarthyistic approach," he said.

Chung Lee said his father would agree to another polygraph, and FBI Agent David Kitchen said the agency would support another polygraph.

However, Kitchen said the FBI would require extensive interviews with Lee and need physical evidence the tapes were destroyed before the agency would be comfortable with Lee's release on bond. No date was set for another lie-detector test.

Lee had sought a reconsideration of bail after a magistrate earlier this month denied bail. In jail, Lee's family visits are monitored, he has limited telephone access and has been required to speak only English. Kitchen said Wednesday an FBI translator now will be present at Lee's family meetings so they may speak their native Chinese.

The three-day hearing included testimony from lab officials who detailed what they described as a concerted effort by Lee to download the secrets. Lee is accused of placing 19 classified files from a classified computer at Los Alamos to an unclassified one and portable tapes.

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