Attorneys for a Department of Defense official convicted of espionage say in court documents that testimony regarding James Fondren’s relationship with a Chinese spy should not have been admitted at trial and Fondren should be acquitted or granted a new trial.
Last month, a federal jury determined that the former deputy director of the Washington Liaison Office for the U.S. Pacific Command illegally passed classified defense publications to the sole client of a contracting business Fondren created. Prosecutors say Fondren’s client, Tai Shen Kuo, eventually told Fondren that he was turning the documents over to Taiwanese generals, when in reality Kuo was handing them to Lin Hong, a Chinese intelligence officer.
Recommended Stories
Kuo’s testimony during Fondren’s trial provided details on Kuo’s and Fondren’s relationship with Hong. According to Kuo’s testimony, Hong knew Fondren was the source of the information. Fondren’s attorneys say Kuo’s testimony tainted the jury, despite having been stricken from the record when the judge dropped conspiracy charges that were pending against Fondren.
“The jury’s bell was rung with this testimony, which was highly prejudicial to the defendant,” Fondren’s attorneys wrote in court documents filed in Alexandria’s federal court.
A review of the testimony shows that Hong had inside information on Department of Defense publications and actions.
At times, Kuo testified, Hong asked him to obtain specific documents from Fondren, including an Army field manual and a 2006 anti-terrorism paper.
In September 2006, Hong sent Kuo an e-mail saying “some ship visit is underway in [Hawaii], any views from [Fondren]??,” Kuo said during the trial. Two days later, Hong again revealed that he knew details on U.S. naval operations, asking more questions about a Navy exercise in Hawaii.
“The government used the hearsay communications from Lin Hong [to Kuo] to bolster its case and to portray [Fondren] as a partner in crime with Lin Hong,” Fondren’s attorneys wrote. “The paint on this distorted portrait of the defendant was already dry” before the court threw out the conspiracy charge and much of Kuo’s testimony.
The U.S. attorney’s office declined to comment.
If the judge rejects the argument that Fondren should be acquitted or granted a new trial, then the retired Air Force lieutenant colonel will be sentenced Jan. 22. He faces up to 20 years in prison.
