Taiwan crew loses
release bid

The 16 witnesses will be videotaped
for the double-murder trial

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By Leila Fujimori
lfujimori@starbulletin.com

A federal magistrate denied requests from court-appointed attorneys to allow 16 crewmen from a Taiwanese fishing boat to be released from custody.

The crewmen from the Full Means No. 2 are being held as government witnesses in a double-murder case on the high seas.

Magistrate Kevin Chang ordered them held at the federal detention center until they are deposed.

Detention hearings were held yesterday for the first 16 crewmen taken into custody as material witnesses against the ship's cook, Shi Lei, a 21-year-old Chinese national accused of seizing the boat after murdering the Taiwanese captain and Chinese first mate.

At one of the three hearings, witness attorney Daniel Pagliarini asked Chang why the men, while foreign but not charged with any crimes, should be treated differently from witnesses brought in from American Samoa in an alleged sweatshop case who are allowed to stay at hotels.

Chang told the detainees the reasons for the decision are because of their immigration status and because they will be well-treated at the federal detention center. The magistrate said he finds no way to reasonably ensure their appearance at depositions other than to detain.

The men's testimony for trial will be taken by videotaped deposition. The men will not be held to testify at trial.

Chang imposed an April 23 deadline for the depositions to be completed but said each crew member could be released after being deposed.

The remaining 14 crewmen were taken into custody Monday after assistant federal public defender Pamela Byrne requested the men also be detained as witnesses. Of the crew of 30, 27 signed a letter alleging the murders.

The vessel's Taiwanese owner will bring in another crew, and the vessel could leave at any time.

Attorney Glenn Choy expressed his client's concern that with a break in their employment, the owner may fail to pay the men their wages, which was promised at the end of their journey and asked the court to step in.

"The court is reluctant to get involved with a situation like that," Chang said, but would ask the U.S. Attorney's Office to discuss the matter with the owner.