Federal judge to consider closing parts of trial on the theft of top-secret military documents
03/11/03
SPOKANE -- The trial of a former Army National Guard intelligence officer and his ex-wife on charges that they stole top-secret military documents will be open to the public, but lawyers can argue for closure of an evidentiary hearing, a federal judge said Monday.
U.S. District Judge Robert Whaley set a May 12 trial for Rafael Davila, 52, and his ex-wife, Deborah Davila, 40.
Rafael Davila is charged with unauthorized retention of documents relating to national defense. His 30-year military career included a stint as an intelligence officer in Spokane and Tacoma for the Washington Army National Guard.
Deborah Davila is charged with the same offense, as well as with selling some of the materials to anti-government groups. She also is charged with lying to federal investigators.
During a pretrial conference Monday, Whaley said he will keep the trial open but could close portions of hearings if either side successfully argues for secrecy because of the sensitive nature of some evidence.
A hearing on what types of classified information will be shared with the defense is scheduled for April 26. Whaley said he has not received motions from either side to close the hearing.
Assistant U.S. Attorney Earl Hicks has asked the judge to invoke the Classified Information Procedures Act.
That law is designed to prevent a form of legal blackmail in which espionage defendants press for the release of classified material to aid their defense, forcing the government to drop prosecution.
Besides gagging participants, a CIPA designation would require defense lawyers to obtain top-security clearance before reviewing documents in the case. They also would be required to review government investigative documents at a secure location, probably under guard.
Whaley said federal defender Roger Peven and his staff are voluntarily undergoing FBI background checks.
Hicks said the government will be able to turn over some unclassified documents to the defense soon.
Other documents could be turned over to defense lawyers with some parts blacked out. Once the defense lawyers obtain clearances, the documents could be released without the blacked-out portions, government attorneys said.
Citing security concerns, prosecutors have not disclosed what documents were allegedly stolen.
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