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http://home.hamptonroads.com/stories/story.cfm?story=108896&ran=82404
Navy says sailor in brig stole laptop, gave out classified info
By KATE WILTROUT, The Virginian-Pilot
August 9, 2006



 NORFOLK - After refusing to release full details on a pending
espionage case involving a petty officer held in the Norfolk brig, the
Navy on Tuesday provided some specifics about the charges.

The Navy's charges depict Petty Officer 3rd Class Ariel J. Weinmann as
a sailor who stole a Navy laptop computer, deserted his ship for more
than eight months and traveled the globe, both attempting to give and
actually delivering classified defense information to an undisclosed
foreign government.

Weinmann, a fire control technician previously assigned to the
submarine Albuquerque, had an Article 32 hearing July 26 in Norfolk,
said Ted Brown, a spokesman for the Navy's Fleet Forces Command in
Norfolk.

Brown said Weinmann is represented by two Navy attorneys, Lt. Cmdr.
Karen Somers and Lt. William Tansey.

"At this point in the proceedings, it is not in my client's best
interest to comment on the case," Somers said Tuesday through a
spokeswoman.

Brown's supervisor, Capt. James Taylor, the command's public affairs
officer, on Tuesday provided a copy of the six charges Weinmann faced
at his Article 32 hearing, the military equivalent of a preliminary
hearing.

Arguably the most serious charges are three counts of espionage in
violation of the Uniform Code of Military Justice. The first count
alleges that in March 2005, in or near Manama, Bahrain, Weinmann did
"attempt to communicate, deliver or transmit" classified information
relating to national defense to "a representative, officer, agent or
employee of a foreign government."

The two subsequent charges allege that months later - after
purportedly deserting his Connecticut-based submarine - Weinmann did
"communicate, deliver or transmit" information classified as
confidential and secret to a representative of a foreign government.

According to the charges, those events occurred in Vienna, Austria,
around Oct. 19, 2005, and around March 19, near Mexico City, Mexico.

Weinmann was picked up at the Dallas/Fort Worth International Airport
days after the incident in Mexico, according to the charges. Brown
said the Naval Criminal Investigative Service was involved in the case.

It is not known to whom Weinmann is believed to have given classified
information; Brown said he could not comment on further specifics.

Brown said Weinmann is a native of Oregon who enlisted in July 2003.

The Navy has also charged Weinmann with failing to properly safeguard
and store classified information, making an electronic copy of
classified information related to national defense, communicating
classified information to a person not entitled to receive it, and
stealing and destroying a government computer.

While espionage carries a maximum punishment of death, it's too soon
to know whether Weinmann will be court-martialed on the charges.

As is standard in the Navy court system, an investigating officer who
attended the Article 32 hearing must first issue a recommendation on
whether there is enough evidence to refer the charges to court- martial.

That report is then sent to the convening authority - in this case,
Adm. John B. Nathman, Fleet Forces commander - who ultimately decides
how to proceed.

The Navy had refused to release specifics of the charges against
Weinmann or even the date of his hearing.

An article published in The Virginian-Pilot on Friday highlighted the
lack of public information about Weinmann's case.

In that article, Brown was quoted as saying that the command "is
attempting to provide as much unclassified information as is
reasonable, while maintaining an appropriate concern for the privacy
of the individual involved."

Tuesday, Brown said that "in view of the public interest generated by
Friday's story, the decision to release the document was made."

Eugene R. Fidell, a Washington-based lawyer and president of the
National Institute of Military Justice, said he wasn't satisfied with
that explanation.

Although it may be necessary to close part of a hearing for testimony
about classified information, Fidell said the military can't
arbitrarily waive public access.

"I thought the right to a public trial and open legal proceedings in
general was something that federal agencies had an obligation to do
whether people hammered on their door about it or not," Fidell said.
"The notion that fundamental legal documents would only be made
available as a matter of grace, after a significantly loud howl, is
deeply disturbing."

Reach Kate Wiltrout at (757) 446-2629 or [EMAIL PROTECTED]

----------

THE CHARGES

Petty Officer 3rd Class Ariel J. Weinmann, a fire control technician,
had an Article 32 hearing July 26 in Norfolk:

The first count alleges that in March 2005, Weinmann attempted to
communicate classified information relating to national defense to a
representative of a foreign government.

Two subsequent charges allege that months later Weinmann communicated
information classified as confidential and secret to a representative
of a foreign government.

The Navy has also charged him with failing to properly safeguard and
store classified information, making an electronic copy of classified
information related to national defense, communicating classified
information to a person not entitled to receive it, and stealing and
destroying a government computer.

THE PENALTY

While espionage carries a maximum punishment of death, it's too soon
to know whether Weinmann will be court-martialed on the charges.



© 2006 HamptonRoads.com/PilotOnline.com 






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DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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