Case Document 26-1 Filed 10/25/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION UNITED STATES OF AMERICA V. HAROLD T. MARTIN, Defendant Baltimore, October 21, Criminal Docket No. Maryland 2016 2:35 PM to 3:41 PM THE ABOVE-ENTITLED MATTER CAME ON FOR DETENTION HEARING BEFORE THE HONORABLE A. DAVID COPPERTHITE A A A On behalf of the Government: Zachary A. Myers, Assistant U.S. Attorney Harvey Eisenberg, Assistant U.S. Attorney Thea D.R. Kendler, Trial Attorney On behalf of the Defendant: James Wyda, Federal Public Defender Deborah L. Boardman, Also present: FBI Special Agent Laura Pino Proceedings recorded by mechanical stenography, produced by computer. Assistant Federal Public Defender transcript MARTIN J. GIORDANO, RMR, CRR FEDERAL OFFICIAL COURT REPORTER U.S. Courthouse, Fourth Floor 101 West Lombard Street Baltimore, Maryland 21201 410?962?4504 Case Document 26-1 Filed 10/25/16 Page 2 of 6 12 MR. WYDA: Your Honor, are you ready for me? THE COURT: Absolutely, Mr. Wyda. MR. WYDA: So I I admit I'm a littlerbit baffled about how to proceed, and I guess let me encourage the Court, as usual, to ask me questions about concerns the Court may have. Again, our understanding is this was all about risk of 'flight and, from the beginning to the end of the Government's presentation, we heard about threats to national security. THE COURT: Well, I think, Mr. Wyda, the comments that were made by Mr. Myers, I take them in the context of his non?appearance and what that would mean in terms of threat to, danger to the public through his non-appearance, and that's how I'm looking at it, from that perspective. So I think that what I'd like to hear and I'm not going to be conducting direct examination here, but what I'd like to hear is his ties to the community and what basis you have to convince me that he should be released and he is going to appear. MR. WYDA: Your Honor, that's easy, but so let me start this way. Let me talk about who Hal Martin isn?t, Your Honor. First of all, he's not Edward Snowden. He's not someone who, due to political ideas or philosophical ideas or moral principles, thinks he knows better than everybody else and, hence, is compelled to release government secrets to Case Document 26-1 Filed 10/25/16 Page 3 of 6 35 Services report that gives someone great pause, and it gave the Pretrial Services officer great pause. One of them is his problems with alcohol and binge drinking episodes that he ?admits to. Another thing that gives me great pause and would give anyone great pause is that -- and the Government failed to mention this in their presentation, but one firearm was recovered on the floor of his vehicle it was a handgun that was fully loaded, according to the Government's written motion -- and at least ten other firearms, or maybe nine other firearms were recovered from the residence. Two of those were assault-type weapons. One was an AR?type weapon, and the other one was a shotgun with some modifications. Now, that's not illegal for him to have, but what's really odd about that is that his partner, Ms. Shaw, who is here, or wife, Ms. Shaw, according to the statements from the Government, was unaware that he even had the firearms. So you have someone who presents themselves as two different people. And I think that I agree with Mr. Wyda. There is some serious mental health issues going on here, and maybe there is other things going on here as well, but certainly he has a number of issues that concern his mental health. He's a highly?educated man who is certainly capable and now, as a candidate at UMBC in this very field, he's certainly capable of doing at least what the Government suggests, that there is a possibility that there is Case Document 26-1 Filed 10/25/16 Page 4 of 6 36 other information out there. But, in terms of risk of flight, once the Court determines that the Government has a right to seek detention, which they do, only under risk of flight and I'm going to make my comments Clear. Once the Government makes that determination, I look at certain factors that I am compelled to look at under the Bail Reform Act: The nature and circumstances of the offense charged, including whether the offense is a crime of violence, a violation of 1591, a federal crime of terrorism, or involves a minor victim, or controlled substance. Looking at the nature and circumstances of the offense in this particular case, it is an egregious offense. The nature and circumstances of the offense alone, if there was an argument that could have been made for danger, would certainly have warranted detention. The weight of the evidence against the person: When the FBI recovers 50 terabytes of information and documents, many of which were highly classified ?u other documents, I?m sure, were classified then certainly the weight of the evidence is very strong. The history and characteristics of the person: This is sort of what I was talking about before. We have someone who may be presenting them self one way, and maybe doing something completely different, and I think that's evident in Case Document 26-1 Filed 10/25/16 Page 5 of 6 37 the fact that, you know, he presents himself as sort of the protector of NSA and classified information, but yet walks out and stores it in an unlocked storage shed, information that I am sure many of this country's enemies would love to explore. So, when looking at the issue of risk of flight, based on the Pretrial Services report, where they really don't address a lot of these issues, but they do address the alcohol abuse, the fact that and Mr. Wyda pointed out the fact that there is certainly a mental health issue, and he does have ties to the community, and I credit his family for being here, but remember: For 20 years, while this was going on, his family was there, and I'm sure they knew nothing about this. So, based on the issue of risk of flight, I find by a preponderance of the evidence that the Defendant does pose a risk of flight, and I will detain the Defendant on that basis alone. If the Court were to also consider, under 3142(g)(4), the nature and seriousness of the danger to any perSon in the community that will be posed by the person?s release, if I were to consider that, I would also find, by clear and convincing evidence, that there are no conditions that could ensure the safety of the public as well as the presence of the Defendant. However, I'm detained as I'm saying, the Government has restricted my decision to the issue of risk of flight; however, one of the factors, as I've said, under Case Document 26-1 Filed 10/25/16 Page 6 of 6 38 3142(g)(4), the nature and seriousness of the danger to any person in the community that will be posed by the release, it's clear that the Government sort of paints the Defendant as a walking of classified information. I don't know if that's completely correct, but I do know that he had access to all of this information, and I credit him, and I certainly am glad we're not sitting here talking about dissemination of information to foreign powers. But, at the same time, he is a serious risk to the public. His release would pose that, and, under if I were to consider that, I would find that and find by, as I said, clear and convincing evidence there are no conditions that could be set. So that is my ruling. Is there anything further? MR. MYERS: Nothing from the Government, Your Honor. THE COURT: Okay. Thank you. MR. WYDA: Not from the Defense, Your Honor. Thank you. MR. EISENBERG: Pleasure, Your Honor. THE CLERK: All rise. This Honorable Court now stands in recess. (Proceedings adjourned.)