Here are some more documents from the court files in the new attempted espionage case against Stewart Nozette and in the older, pending case against him for conspiracy to commit fraud and tax evasion.
I. The attempted espionage case.
There was a detention hearing yesterday, 29 October 2009, before a magistrate, and Nozette was ordered held before trial without bail. I doubt he will appeal the detention order to the district judge in the trial court.
1. Motion to reassign the case as a related case.
Since the earlier case was in a different court than that of Judge Reggie Walton, the government asked that the new case be transferred to the other court, Judge James Robertson presiding. Filed 28 October 2009.
2. Government's memorandum in support of detention pending trial. Filed 10-28-2009.
This lays out some proposed facts and legal argument in support of detaining Nozette without bail pending trial.
The memo notes that he was given $10,000 by the undercover informant during the last meeting, and then went into the bathroom and put it in the toilet tank. Also, it asserts that Nozette has numerous residential properties including a home in Chevy Chase, Maryland which was given a tax assessment value of $1,959,999.00, and a vacation home on Merritt Island, Florida with a claimed value of $550,000.00.
Those are some pretty nice cribs.
3. Exhibit "A" in support of the request for pretrial detention.
This is a bad copy of what appears to be his release order in the pending fraud and tax evasion case, in which he was released on his own signature ("personal recognizance"), and did not have to post bail.
Exhibit "B" is not included because it is the complaint and supporting affidavit in the espionage case and they have been posted previously.
Exhibit "C" is not included because it is described as an early transcript of some more taped conversations. It is noted as being "restricted" and does not appear to be a public document at this time.
4. Defendant's opposition to motion for pretrial detention.
II. The earlier pending case for fraud and tax evasion.
This case is one of those in which the defendant knows a charge is coming, and he and his lawyers go in early and make a deal before an arrest takes place. He waived his right to be formally charged by a grand jury indictment, and pled guilty on 30 January 2009. Sentencing was postponed.
On 23 April 2009 attorney Bradford Berenson entered an appearance for Nozette, and then the lawyers who had been representing him withdrew. Berenson had a White House job during the first term of Bush jr.
Nozette's sentencing in the earlier case was reset to
18 November 2009, but will probably be postponed again.
His new lawyer, Berenson, filed today a motion to continue his sentencing in light of the new case.
The government did not agree to reset the sentencing.
Since he picked up a new case, there is an issue of whether the government will try to cancel the plea agreement, but since it wants to proceed with sentencing, the plea agreement may stay in place.
5. Plea agreement in the fraud and tax evasion case.
6. Statement of the offense.
This is the "factual basis" to support the plea of guilty in the earlier case.
7. Motion to continue sentencing. Filed 30 October 2009.
Robert Willmann, Jr.