Wen Ho Lee Back in Solitary Confinement

Sept. 12, 2000 -- After nearly being freed on a plea deal Monday, fired Los Alamos scientist Wen Ho Lee hopes prosecutors and his attorneys will reach an agreement Wednesday that will enable him to return home for the first time in nine and a half months.

Earlier this week, government officials announced that the Chinese-American scientist would agree to plead guilty to one felony charge — downloading restricted material to an unsecured computer — and be sentenced to the nine months he has already served in jail. But at the beginning of Monday’s hearing, Lee was returned to solitary confinement when both sides announced they had reached a snag in plea negotiations.

U.S. District Judge James Parker in Albuquerque, N.M., gave the lawyers until Wednesday resolve their differences.

Parker had said a few hours earlier Monday that both sides were discussing possible amendments to the plea agreement, which would end what has proved to be an embarrassing case to the government. Justice Department officials in Washington refused to discuss the reason for the postponement and lawyers in Albuquerque were not available for comment.

Monday’s hearing had been delayed twice during the day. Lee’s daughter, Alberta, left the packed courtroom in tears and her mother, Sylvia, appeared dazed.

No Additional Prison Time Expected

If both sides iron-out their differences, the plea bargain will be a dramatic turnaround for the U.S. government, which, just months ago, alleged that Lee had stolen the “crown jewels” of the nuclear weapons program. Lee was never formally charged with spying, but he was charged with 59 counts of mishandling nuclear secrets. He has spent 275 days in prison.

“The issue here is — are we getting the tapes back and we find out what happened to those tapes. I think that is the key,” Energy Secretary Bill Richardson said at the Oak Ridge National Laboratory in Oak Ridge, Tenn., before the postponement was announced. “The plea bargain enables us to get that information.”

If the court accepts the agreement, Lee will face no additional prison time but will have to place himself at the disposal of federal investigators for six months, starting with a debriefing to answer questions about seven computer tapes still missing from Los Alamos. It will be the first time Lee will have testified under oath about the tapes.

If investigators find that Lee is not telling the truth, he could still be charged with all the 59 counts of mishandling nuclear secrets he faced before. Many of those counts carry a maximum of life in prison.

“He’s agreed to cooperate, including sworn statements about what happened to the tapes,” a law enforcement official said. “He continues to maintain that the tapes were destroyed. He will be subject to a full indictment if he’s found to be lying.”

A lawyer for Lee said Sunday night he could not comment on the plea agreement, which had not been filedyet. “I can say that Dr. Lee is thrilled about the prospect of rejoining his family,” he said.

Lee has been in solitary confinement in Santa Fe, N.M., since his arrest last December. Until this weekend, prosecutors contended Lee should be kept behind bars before his trial, saying he still might do “irreparable harm” to the country if released.

Government Wants Info

Starting late last week, law enforcement sources made it known that the Justice Department was more interested in information about seven missing Los Alamos tapes than in continuing to imprison Lee.

“This case was never about putting a 60-year-old man in jail, but about locating the tapes that are of paramount concern to national security,” a law enforcement official told ABCNEWS.

Government prosecutors have called the seven missing tapes “the nation’s nuclear crown jewels,” a characterization several independent scientists have disputed.

Lee’s lawyers have said in court that the tapes were destroyed, but the government has refused to accept that explanation.

Prosecutors called the plea bargain a “victory” because the deal will now compel Lee to disclose what happened to seven missing computer tapes.

The Justice Department has faced growing criticism for its handling of the case. The government’s case began to crumble last month at a bail hearing where experts testified that most of the information that Lee improperly handled was already known.

Last month, an FBI witness admitted at a federal bail hearing that he had given inaccurate testimony that incorrectly made Lee appear deceptive.

Expecting Lee to be released Monday, neighbors and family members had planned a massive celebration to welcome him back to his White Rock, N.M., home.

The courtroom was packed with more than 100 spectators Monday, most of them supporters from Los Alamos.

When Lee was led away one more time, they gave him a round of applause, and a supporter sitting in back shouted: “Hang in there, Mr. Lee!”

ABCNEWS’ Brian Rooney and Beverley Lumpkin, ABCNEWS.com’s Margaret Litvin, ABCNEWS radio and The Associated Press contributed to this report.