Former UC Davis Scientist Acquitted of Espionage

Bin Han. Photo by The Associated Press.

Han, 40, was originally charged with three felonies, including the theft of trade secrets. He was accused of stealing 20 vials of a protein gel school researchers are using in their attempts to grow replacement corneas for the blind.

He was held without bail in solitary confinement for 18 days because authorities feared he was a flight risk. Prosecutors later threw out all but one felony charge, which a judge last month reduced to a misdemeanor.

A jury acquitted Han of the remaining count after a five-day trial. Han maintained he stored the vials in his freezer as a convenience and was fired from his job before he could return them to the school.

“I am very happy,” Han told the Los Angeles Times, in the Yolo County Courthouse, following the verdict. “I love this country. Now all I want to do is get back to work.”

The case has drawn criticism from some as ethnically motivated, and critics compared it to the saga of the former Los Alamos National Laboratory scientist Wen Ho Lee.

Lee, who was prosecuted for making copies of sensitive nuclear weapons data, pleaded guilty to a single count of downloading data to computer tape at Los Alamos National Laboratory. He has said he made copies to protect data from being erased.

A press release from the Chinese American Political Action Committee (CPAC), an organization that works to ensure Chinese Americans enjoy the full rights and benefits of citizenship in America, said: “CPAC commends Dr. Han for standing up for his rights, his refusal to knuckle under the combined power of UCD and the D.A. and his spirit to fight for what is rightfully his. He provides a much-needed antithesis to the stereotype of the weak and silent Chinese and Asian Americans who would not speak out when trampled upon. His determination and courage empowers and inspires us all.”

Guy Wong, a Sacramento-based CPA who has been involved in organizing around Han’s case, was happy that Han won the case, but still felt like a great injustice had been served.

“His life has been turned upside down for three months. It’s going to be a long time until he can recover … he has lost his job and has so many legal bills to pay,” Wong said. “It is a vindication but not a victory.”

The CPAC has set up a family assistance fund for Han. Contributions can be sent to Guy M. Wong CPA, P. O. Box 660483, Sacramento, CA 95866, and make your check payable to Bin Han. All checks received will be forwarded directly to Dr. Han.

— By The Associated Press and staff reports

NATIVE HAWAIIANS

Bill Aims for Federal Recognition

Inouye: Akaka bill unlikely to pass this year

U.S. Sen. Daniel Akaka’s bill that would provide federal recognition for Native Hawaiians will not likely pass this year, U.S. Sen. Daniel Inouye said.

When Congress resumes work in early September, there will be 11 major appropriation bills that must be considered, and lawmakers will be pressed for time.

“This is going to be a messy time with all kinds of other problems — health, prescription drugs, terrorism — and no matter how much we feel that this is an important measure, it will not meet the criteria of congressional leadership that it’s important enough to bring it up at this point,” Hawai‘i’s senior Democrat said Aug. 6 in an interview with The Honolulu Advertiser.

The bill, which is co-sponsored by Inouye, would allow the establishment of a Native Hawaiian government similar to those of Native American tribes. It is seen partly as a potential legal shield for federally-financed programs that serve Native Hawaiians, protecting them from lawsuits alleging illegal race-based preferences.

The idea has the backing of the state’s Democratic gubernatorial candidates. At a forum last week, candidates Rep. Ed Case, D.G. “Andy” Anderson and Lt. Gov. Mazie Hirono said they supported Akaka’s bill.

Republican candidate Linda Lingle did not participate in the forum, but has said she also supports the bill. Fellow Republican candidate John Carroll, who is among those filing federal lawsuits challenging the constitutionality of the state’s Hawaiian programs, opposes it.

Kinau Kamalii, chairwoman of the Oahu Council of the Association of Hawaiian Civic Club’s Government Affairs Committee, said she was pleased with the responses given by the gubernatorial candidates and is looking forward to a forum for lieutenant governor candidates on Aug. 27.

— AP

CRIME & JUSTICE

Two Sentenced for Roles in Smuggling

A former lawyer, who prosecutors say aided Chinese immigrant smuggling gangs, was sentenced to eight years in jail along with his wife, who recently gave birth to premature twin girls.

The wife, Sheery Lu Porges, 49, had begged for a delay in serving the sentence so that she could continue to breastfeed her daughters, who were born two months premature in June. But Manhattan Federal Court Judge Denise Cote ordered Porges and her husband, Robert Porges, 64, to begin serving their sentences immediately.

Cote did, however, order that prosecutors provide Sheery Porges with a breast pump to use in jail so that the infants could be fed with her breast milk. Porges’ lawyer said that friends and relatives will take care of the infants until their parents are released.

The couple had earlier pleaded guilty to racketeering and tax fraud. They admitted getting thousands of Chinese illegal immigrants out of INS jails with false political-asylum claims. The Porgeses said they also helped the “snakehead” gangsters locate the aliens after they were released so the smugglers could collect up to $40,000 in smuggling fees from each person.

Robert Porges, a former attorney, represented thousands of illegal immigrants, including the stowaways from the notorious Golden Venture, a rusting freighter that ran aground off Queens in 1993. His wife admitted to serving as the main contact between the gangs and her husband.

The couple raked in $13.5 million from the gangs for their services over a seven-year period, prosecutors said. As part of their plea deal, the Porgeses agreed to forfeit $6 million in assets, including an estate in Connecticut and $2.1 million in cash that authorities seized when they were arrested two years ago. The couple received the maximum sentence under federal guidelines.

— Heather Harlan, special to AsianWeek