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Judge denies bail in case of anti-terrorism consultantBy Susan Montoya BryanThe Associated Press' • ■■ *■ ^ •— » ••••-* . .. _ ..... m _ _ r , , MALBUQUERQUE — A federal judge on Wednesday refused to grant bail to the head of a Roswell counterterrorism training facility who faces federal charges of stockpiling warheads.U.S. District Judge Christine Armijo said she reached the same conclusion as two other judges who earlier refused to free David Hudak pending trial. Those judges said Hudak, a Canadian citizen, was a flight risk given his lack of connections in the United States and was a danger to the community.“There is no condition ofrelease that would ensure the defendant’s appearance as required,” she said.Hudak has been held since Aug. 14, 2002, on charges of conspiracy to export defense services and stockpiling 2,400 warheads.Considering the complexity of the case, Armijo said, Hudak’s due process rights had not been violated by the length of time he has been held. She added that she would make every effort to keep the case on track.After reviewing Hudak’s previous requests for release, Armijo said Wednesday that he failed to present any new evidence as to why he should be released.The judge also noted that prosecutors had presented evidence raising questions about Hudak *s immigration status and pointing to his frequent travels and international business connections.With Hudak facing a possible 50 year prison sentence if convicted, Armijo said the risk of flight increases.Defense attorney Bob Gorence argued that his client was neither a flight risk or a danger to the community. He said he was disappointed in Armijo’s ruling.'“We’re going to appeal,” he said.He planned to file a notice of appeal with the 10th Circuit Court in Denver by Thursday.Prosecutors had no comment after the hearing.Hudak was in the United Stales on an expired work visa when he was arrested last year.Explosives were found at his Roswell-based High Energy Access Tools Inc. He contends the missile warheads were demolition charges, not missile tips.He also is accused of offering U.S. defense services to troops from the United Arab Emirates. His attorneys say the country is an ally and that U.S. authorities were aware of the kind of work Hudak was doing.Wednesday’s hearing was a continuation of one that began last week. Prosecutors argued last week that Hudak shouldremain jailed, citing his Canadian family ties, business connections in other countries and the seriousness of the charges.Armijo agreed, saying the case “does not involve what I would consider garden variety charges.”Armijo asked both sides Wednesday to keep her apprised of any additional motions they were considering so that she could keep the case moving along.One motion she has yet to rule on involves a request by the defense that Assistant U.S. Attorney John Grasty Crews II be recused from the case. The defense wants Crews to testify attrial about a tour he and other federal officials took of Hudak’s training center before it came under fire.Gorence said Crews was aware of what Hudak’s company was about.Crews refused to comment after Wednesday’s hearing.Under the law, Gorence said Crews would not be able to testify as a key witness and still prosecute the case.Prosecutor Mark D‘Antonio argued that taking Crews off the case before trial would set the prosecution back by weeks — or possibly months.“It would be like losing the lead pilot in an aircraft.” he said.
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Portales News Tribune
Portales, New Mexico, US
Thu, Aug 28, 2003
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