is accused of transferring restricted data from secure to unsecure computers at Los Alamos National Laboratory and to computer tapes. To win a conviction, prosecutors must show that Lee acted with intent to injure the United States or to help a foreign nation. In a response filed with U.S. District Judge John Conway, Lee's lawyers said prosecutors provided evidence of Lee's travels, primarily on lab business, to China and Taiwan.
But they said: ``None of the materials provides evidence that Dr. Lee intended to secure an advantage to any of those countries.''
``We want to know the name of the country for which Dr. Lee allegedly intended to 'secure an advantage,''' defense attorneys Mark Holscher and John Cline said.
Prosecutors told Conway on May 24 that the law does not require them to disclose what nation or nations stood to benefit from Lee's alleged actions.
While prosecutors said they need not provide a ``bill of particulars'' to supplement the indictment, the defense lawyers said they do not want a whole bill - just one particular: the name of the nation.
``The prosecution's refusal to identify the 'foreign nation' to which Dr. Lee allegedly intended to 'secure and advantage' smacks of gamesmanship,'' they said, contending the prosecution refused their request ``because it wants to keep the element of surprise.''
The Taiwanese-born naturalized U.S. citizen is being held without bail pending trial Nov. 6. The government has not alleged that Lee, 60, passed any secrets to anyone, and he is not accused of espionage. He is charged with 59 counts and could face life in prison if convicted.
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