-Caveat Lector-

February 4, 2001

Single-Page Format

The Making of a Suspect: The Case of Wen Ho Lee

By MATTHEW PURDY


(Fred R. Conrad/The New York Times)

Dr. Wen Ho Lee, shown here in a portrait made in December, was
all but threatened with execution for not admitting spying. But
prosecutors were never able to connect him to espionage.


UNDER SUSPICION

After Wen Ho Lee was freed from jail last September, a furor
erupted over how the government had handled the case and how the
press, especially The New York Times, had covered it. Several
weeks later, The Times published an unusual statement assessing
its coverage. It found many strengths, but also some weaknesses.
In the note, the paper promised a thorough re-examination of the
case. After more than four months of reporting, the results
appear today and tomorrow.


Related Articles:
 F.B.I. Ends an Inquiry at Los Alamos (Jan. 19, 2001)

 Discarded Tapes Checked for Los Alamos Link (Dec. 14, 2000)

 Reno Says She'll Seek Release of U.S. Study on Los Alamos
(Oct. 6, 2000)

 News Analysis: A Judge's Indignation (Sept. 15, 2000)

 From the First, a Feud Between Justice Dept. and the
F.B.I. (Sept. 15, 2000)

 Nuclear Scientist Set Free After Plea in Secrets Case (Sept. 14,
2000)

 News Analysis: Back to Square One (Sept. 12, 2000)

 U.S. to Reduce Case Against Scientist to a Single Charge
(Sept. 11, 2000)

 In Defense, Small but Dedicated Team (Sept. 11, 2000)
 Court to Consider Bail for Scientist In Secrets Case (Sept. 7,
2000)

 Spies vs. Sweat: The Debate Over China's Nuclear Advance
(Sept. 7, 1999)

 Suspect in Loss of Nuclear Secrets Unlikely to Face Spying
Charges (June 15, 1999)

 China Stole Nuclear Secrets For Bombs, U.S. Aides Say (March 6,
1999)

>From the Editors
 The Times and Wen Ho Lee (Sept. 26, 2000)

Slide Show
 Key Players in the Wen Ho Lee Case  (4 photos)

Diagram
 Building a Smaller H-Bomb


Video

 President Clinton and Attorney General Janet Reno
(Credit: APTV; Sept. 14, 2000)

 Wen Ho Lee (Credit: APTV; Sept. 13, 2000)


Audio

 Wen Ho Lee's family (Credit: APTV; Sept. 12, 2000)



Text
 Excerpts From Testimony at Congressional Hearing on Wen Ho Lee
Case (Sept. 27, 2000)

 Statement by Judge in Los Alamos Case With Apology for Abuse of
Power (Sept. 14, 2000)


Los Alamos National Laboratory

A delegation of Chinese weapons officials visiting Los Alamos in
1994 included Hu Side, front row, third from left. Wen Ho Lee
appeared uninvited at the meeting, raising concern when he was
greeted warmly by Dr. Hu, a top Chinese nuclear scientist.



The crime sounded alarming: China had stolen the design of
America's most advanced nuclear weapon. The suspect seemed
suspicious enough: Wen Ho Lee, a Taiwanese-born scientist at Los
Alamos nuclear laboratory, had a history of contact with Chinese
scientists and a record of deceiving the authorities on security
matters.

After a meandering five-year investigation, Dr. Lee was
incarcerated and interrogated, shackled and polygraphed, and all
but threatened with execution by a federal agent for not
admitting spying. But prosecutors were never able to connect him
to espionage. They discovered that he had downloaded a mountain
of classified weapons information, but he was freed last
September after pleading guilty to one felony count of
mishandling secrets. Ultimately, the case of Wen Ho Lee was a spy
story in which the most tantalizing mystery was whether the
central character ever was a spy.

In the aftermath, the government was roundly criticized for its
handling of the case; so was the press, especially The New York
Times. In an effort to untangle this convoluted episode, The
Times undertook an extensive re-examination of the case,
interviewing participants and examining scientific and government
documents, many containing secrets never before disclosed.

This review showed how, in constructing a narrative to fit their
unnerving suspicions, investigators took fragmentary, often
ambiguous evidence about Dr. Lee's behavior and Chinese atomic
espionage and wove it into a grander case that eventually
collapsed of its own light weight.

Before the criminal investigation began, weapons experts
consulted by the government concluded that stolen American
secrets had helped China improve its nuclear weapons, according
to inside accounts of the experts' meetings. They also said the
Chinese wanted to replicate key elements of America's most
sophisticated warhead, the W-88, and had obtained some secrets
about it. However, most of the experts agreed that those secrets
were rudimentary, and that there was no evidence China had built
anything like the W-88.

But in the echo chamber of Washington, that measured scientific
finding was distorted and amplified as it bounced from
intelligence analysts to criminal investigators to elected
officials, most of them ill equipped to deal with the atomic
complexities at the heart of the matter. Eventually, the notion
that the Chinese had swiped the W-88 design became the accepted
wisdom.

Investigators made Dr. Lee their prime suspect in the W-88 case
even though they had no evidence he had leaked weapons secrets.
Unanswered questions about his contacts with foreign scientists
had made him suspect, but as it searched for a spy, the Federal
Bureau of Investigation ignored the urging of a senior agent on
the case to look beyond Dr. Lee. As a result, it failed to
examine hundreds, if not thousands, of people outside Los Alamos
who had access to the stolen information about the W-88.

When the government's case fizzled, Wen Ho Lee went from public
enemy No. 1 to public victim No. 1. But the new label seemed no
more appropriate than the first. Off and on for two decades, Dr.
Lee's behavior was curious, if not criminal.

He had a knack for wandering into circumstances that aroused
suspicion. In 1982, he had a walk-on role in a major espionage
investigation, when he inexplicably offered to help the suspect,
whom he apparently did not even know. In 1994, Dr. Lee surprised
laboratory officials when he appeared uninvited at a Los Alamos
briefing for visiting Chinese scientists and warmly greeted
China's leading bomb designer.


[The above was Page 1 of 15.  For the entire article and
pictures, go to:

http://www.nytimes.com/2001/02/04/national/04WEN-EDIT.html


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