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The Honolulu Advertiser
Posted on: Thursday, November 10, 2005

Bail sought for stealth suspect

By Curtis Lum
Advertiser Staff Writer

Cheryl Lynn Gowadia, with an attorney, middle, and son Ashton Gowadia, appeared at yesterday's hearing for her husband, Noshir Gowadia, a former Northrop engineer accused of selling national defense secrets.

BRUCE ASATO | The Honolulu Advertiser

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The lawyer for a Maui man accused of selling military secrets to foreign governments will ask a federal judge this morning to allow the Ha'iku man to be released on bail.

Noshir Gowadia has been in federal custody without bail since he was arrested Oct. 26 and charged with selling national defense information to foreign countries. On Tuesday, Gowadia, a former engineer for a defense contractor, was indicted on six counts of "transmitting national defense information and exporting classified technical data related to defense articles to foreign persons" and violating the U.S. Arms Export Control Act.

Each of the six counts carries a maximum 10-year prison sentence and a $250,000 fine.

Chris Todd, Gowadia's attorney from Washington, D.C., yesterday entered a not-guilty plea on Gowadia's behalf before U.S. Magistrate Leslie Kobayashi. Gowadia's trial has been set for Jan. 10, 2006, before U.S. District Judge Helen Gillmor.

That date is likely to change because of the complexity of the case, said Assistant U.S. Attorney Ken Sorenson, who is prosecuting the case. For one thing, Sorenson said, Todd will be required to obtain a security clearance because of the sensitive nature of the case.

Gowadia walked into Kobayashi's courtroom yesterday with several other federal detainees. He was handcuffed and wore leg shackles as he waved and smiled at his son, Ashton, and wife, Cheryl Lynn.

After entering the plea, Todd said he has filed a motion to reconsider Gowadia's no-bail status. A hearing on that motion is set for today before Kobayashi.

On Oct. 29, U.S. Magistrate Barry Kurren agreed with federal prosecutors that Gowadia posed a flight risk and was a danger to the community, and ordered him held without bail.

The Gowadias declined to comment after yesterday's hearing. Todd said he will work with the government to secure Noshir Gowadia's release.

"He has been in detention for two weeks now and he suffers from a genetic blood disease that requires uninterrupted rest, and he needs that in order to effectively work with his counsel," Todd said.

He also repeated earlier claims by the family that the charges against Gowadia were the result of a misunderstanding. He did not elaborate, however.

"Professor Gowadia has devoted his entire 40-year career to the defense of the United States of America and the family is hopeful that once the attorneys for Mr. Gowadia and his consultant are able to obtain security clearances that we will be able to present evidence that clear up this misunderstanding," Todd said. "The family believes strongly that this is a terrible misunderstanding about Noshir Gowadia's consulting work concerning aircraft survivability."

Gowadia had billed himself as the "father" of the B-2 stealth bomber's propulsion system. He was a design engineer for Northrop Corp. and later a subcontractor at Los Alamos National Laboratories in New Mexico.

In court documents, the government said Gowadia has told investigators he "disclosed classified information and material both verbally and in papers, computer presentations, letters and other methods to individuals in foreign countries with the knowledge that information was classified." Gowadia is accused of providing eight countries with stealth secrets.

Reach Curtis Lum at culum@honoluluadvertiser.com.