ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Thursday, October 3, 1996              TAG: 9610030099
SECTION: VIRGINIA                 PAGE: C-5  EDITION: METRO 
DATELINE: ALEXANDRIA
SOURCE: Associated Press


SPYING SUSPECT HELD JUDGE REFUSES TO ALLOW BAIL BEFORE U.S. TRIAL

Citing ``overwhelming'' evidence indicating that Robert Kim gave classified documents to South Korea, a federal judge ordered the former government computer analyst held without bond Wednesday.

U.S. District Judge Leonie M. Brinkema reversed a magistrate's decision that would have allowed Kim to go free while awaiting trial on charges he provided South Korean officials documents obtained while he worked for Navy intelligence.

``At this point the evidence appears to be overwhelming,'' Brinkema said after a hearing.

She said that when South Korean-born Kim took his oath of U.S. citizenship, ``That put an obligation on Mr. Kim's part that this evidence suggests he has broken.''

Because Kim is now unemployed and deeply in debt, Brinkema said, Kim poses a threat to flee the country. She noted he has family and other close ties to South Korea.

Prosecutor Robert Chesnut said that while Kim so far is charged only with passing secret documents, the government will present evidence to a grand jury expanding the charges to show that some of the documents related to national defense.

Kim's attorney, Jim Clark, argued that his client is guilty of nothing more than an ``ill-advised'' effort to help his native land, a country friendly to the United States.

Current charges carry a potential penalty of seven to 10 years. Chesnut said the additional charges could send Kim to prison for life if he were convicted.

Chesnut said the government has delayed filing more extensive charges to postpone having to disclose contents of the documents in court. More than 40 documents were intercepted in the mail, Chesnut said, and ``there's no way to tell what he passed before.''

He said government investigators removed some but not all documents from mail that Kim sent to South Koreans.

Clark argued in favor of bond Wednesday, saying that Kim has lived in the United States for 30 years and both he and his wife are U.S. citizens. He argued that Kim ``was conscientious not to disclose information detrimental to the interests of this country.''

According to a 27-page transcript of a conversation between Kim and South Korean officials, released by prosecutors in court papers Tuesday, Kim offered to give classified information to South Korea and met the South Koreans in a hotel room March 20.

The transcript appears to show that Kim told the others he wanted to do what he could to help his native country and noted he had access to classified information.

He is charged with giving classified government documents to an unauthorized party. That is less severe than a charge of espionage, which involves more sensitive documents.

Friends and neighbors offered the equity in their houses to make bail for him, an action that earlier so impressed a magistrate that he agreed to set bond in the case.


LENGTH: Medium:   64 lines

by CNB