IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

[order issued August 24, 2000]

UNITED STATES OF AMERICA,
Plaintiff,

v.                                             		No. CR 99-1417 JP

WEN HO LEE,
Defendant.

ORDER

On July 21, 2000, Defendant filed “Renewed Motion of Dr. Wen Ho Lee For Pretrial Release" (Doc. No. 114). On August 4, 2000, the Government filed a response opposing Defendant’s motion. At the request of the attorneys, a hearing was scheduled for one-half day on the morning of Wednesday, August 16, 2000, the earliest date that the lawyers and witnesses were available and there was an open morning on the court calendar. The parties took considerably longer than anticipated to present their information to the Court and the hearing lasted three full days, Wednesday, August 16 through Friday, August 18, 2000. This has delayed completion of the transcript of the hearing which must be prepared under secured conditions at the United States Courthouse on weekends and evenings. Likewise, I must read the transcript of the hearing only in secured conditions at the United States Courthouse. Consequently, it has not been possible to prepare a Memorandum Opinion, which must be filed with the filing of an Order Setting Conditions of Release. However, enough of the transcript of the most recent hearing has been prepared and reviewed by me to permit the announcement of a ruling at this time, prior to completion and the filing of a Memorandum Opinion and final form of Order Setting Conditions of Release.

I have concluded that the totality of relevant information made available to me at the three-day hearing during December, 1999, and subsequently in documents relating to the case that I have reviewed in camera and otherwise, and at the three-day hearing of August 16-18, 2000, no longer has the requisite clarity and persuasive character necessary to overcome the statutory bias that distinctly favors pretrial release on conditions. 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.

Highly restrictive conditions of release, like those set forth in the attached draft of an Order Setting Conditions of Release, will satisfy the statutory requirement. A hearing will be scheduled on August 29, 2000 at which the parties may discuss the conditions of release proposed in the draft Order Setting Conditions of Release and at which they may suggest alternative or additional conditions.


DRAFT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff,

v.                                             		No. CR 99-1417 JP

WEN HO LEE,
Defendant.

ORDER SETTING CONDITIONS OF RELEASE

On August 24, 2000, the Court entered an Order that granted the Renewed Motion of Dr. Wen Ho Lee for Pretrial Release and scheduled a hearing on conditions of release. On August 29, 2000, the Court held a hearing on conditions of release.

The Court finds that the following conditions of release should be imposed:

DRAFT