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5 Chinese detainees
want isle jobs

The fishing-boat crewmen seek
work while waiting to
testify in a murder trial


By Leila Fujimori
lfujimori@starbulletin.com

Five of the 30 Chinese crewmen of a Taiwanese fishing boat being held as witnesses in a double-murder may be working as farmers and construction workers in Hawaii while they wait to testify at trial up to a year from now.

The remaining 25 crewmen have requested to return to China, and may do so as early as next week.

At a hearing before federal Magistrate Kevin Chang yesterday, Assistant U.S. Attorney Loretta Sheehan said the five men, who were willing to remain in Hawaii, offered the most detailed and comprehensive testimony during their depositions.

Since April 1, all 30 crewmen have been held at the federal detention center in Honolulu where their depositions have been videotaped. The recorded testimony is to be used at the trial of the ship's cook, Shi Lei.

Shi is charged with murder in the March stabbing deaths of the captain and first mate of the Full Means No. 2 in international waters.

The five who are staying will be issued work permits by the Immigration and Naturalization Service. Sheehan said interviews for construction and farming jobs have been set up for them. Once they are released from the detention center, they will no longer receive their $40-a-day witness fee and will have to earn money to feed themselves.

Temporary funding to house six people for one month was obtained from the U.S. Department of Justice, Sheehan said.

Speaking about the 25 men who want to go home to China, Shi's attorney, Michael Burt, said, "In the event we are not able to bring people back (for the trial), this is as good as it can get," adding it is the next best thing to live testimony.

Although trial is scheduled for September, it may take up to a year to start, Sheehan said.

Because it is a capital case, U.S. Attorney General John Ashcroft must review it to determine whether the death penalty will be sought.

As of yesterday, one crewman, Wang Fu Xiang, exercised his right against self-incrimination and refused to have his deposition taken. He is the only witness being held in solitary confinement.

Prosecutors said he is feared by the other crewmen who say he assisted Shi.

The ship, which had been seized by a court order obtained by attorneys for the crewmen seeking back wages, was allowed to leave Honolulu on May 3.

Bryan Ho, attorney for the vessel owner, FCF Fishery Co., put $450,000 cash in the court's registry, which may be used to pay for valid claims against the vessel, possibly including back wages.

The owner would prefer the government pay the crew's passage back to China, but "I think we're going to get stuck paying that," Ho said.

The company had hoped to bring in another vessel to pick up the crew to resume fishing to fulfill the remainder of their contract.

"Last week, I learned none of them want to go back fishing, so that was a new wrinkle for me," Ho said.



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