Bail hearing
planned for
Chinese crewman

The cook is accused of killing
his boat's captain and first mate

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By Leila Fujimori
lfujimori@starbulletin.com

A federal magistrate will hold a hearing today to decide whether to grant bail to a 21-year-old Chinese ship's cook accused of stabbing to death the captain and first mate on a Taiwanese fishing vessel.

Lei Shi was charged with killing the ship's Taiwanese captain Chung-She Chen and Chinese first mate Da Feng Li in the course of seizing control of the fishing boat, the Full Means No. 2 on the high seas on March 14. The other crew members regained control of the ship and decided to come to Hawaii for help.

Assistant federal public defender Pamela Byrne said she planned to request that her client be allowed a phone call to China. So far, he has not had any contact with the ship, his family or friends. Byrne is scheduled to go out to the boat today to interview the crewmen.

Byrne questioned the jurisdiction of the United States in this case because the attacks occurred in international waters. "The ship is not owned by Americans, it's not flying an American flag and is not crewed by Americans," she said.

The U.S. Attorney's Office is relying on the law giving jurisdiction to the United States if a suspect who unlawfully takes control of a ship during the commission of a criminal activity is found in the United States.

U.S. Attorney Ed Kubo said yesterday in a phone interview from Washington, D.C., that he is confident that the United States has jurisdiction because Shi was found in U.S. territory.

"I'm just going by the straight letter of the law," he said. "For any other speculation on the part of defense, I'm sure they can ask the court by way of a motion to dismiss."

But Byrne said the issue is whether Shi came into this country voluntarily.

Regarding the suspect being involuntarily brought into U.S. waters, admiralty law attorney Robert Frame said, "The U.S. Coast Guard has unfettered jurisdiction and discretion to board any vessel in U.S. waters or in the high seas if criminal activity is suspected."

Frame said four governments may conceivably want to have the matter brought before a court in their own country: the United States, the Seychelles, where the boat is registered, Taiwan and China.

Assistant U.S. Attorney Elliot Enoki said the governments of Taiwan and China have been informed of the case.

According to admiralty law attorney Jay Friedheim, American taxpayers would be burdened by a decision to have the case prosecuted here. "It's not just paying for the trial, it's paying for the punishment," Friedheim said, which may cost up to $50,000 per year.