Former world kickboxing champion Dennis Alexio will remain in federal custody and is to be sent to Virginia in connection with a federal grand jury investigation of a woman in a tax case.

But if he's not sent by Friday, U.S. Magistrate Judge Leslie Kobayashi will hold another hearing, at which time Alexio's lawyer will seek his release on bail.

Alexio, 48, was arrested at his 'Aiea home Tuesday afternoon on a warrant for his appearance before a federal judge in Virginia.

Alexio must explain why he shouldn't be held in contempt of court for refusing to obey a subpoena to appear before the grand jury.

The grand jury was investigating the use of "fictitious" Internal Revenue Service documents, according to the U.S. Attorney's Office in Virginia.

The investigation's target is a Virginia woman who contended that Alexio provided information through a conference call or on an Internet blog that she relied on in "executing her scheme," the federal lawyers in Virginia said.

"As such, it is essential and necessary to the grand jury investigation that Alexio describe any conversations and contact he had with the target, a resident of the Western District of Virginia," the office said.

Alexio was served with the subpoena at his 'Aiea home in March, later indicated he would not comply and did not show up for the grand jury session on April 4, the federal lawyers said.

During yesterday's hearing, Alexio strongly protested the request to send him to Virginia. He said he is not the "entity" in the subpoena and argued that the court does not have jurisdiction over him.

"I need to be released forthwith and that's my order," he told the magistrate.

His lawyer, federal assistant public defender Loretta Faymonville, said woman being investigated told the grand jury she relied on "Dennis Alexio's blog," but Faymonville said there is no blog by her client.

Even if there is a blog, it could have come from anyone using the name Dennis Alexio, she said.

She said it would be a great hardship for Alexio to leave his wife, who recently gave birth by caesarean section.

"This is really harassment," Faymonville said.

But Kobayashi ruled that the issue is not the validity of the subpoena, but whether Alexio is the person wanted in the warrant, and that assistant U.S. attorney Darren Ching established that.

Faymonville later said she will be contacting the federal Public Defender's Office in Virginia to see if it can quash the subpoena.

She said she doesn't know if her client knows the woman being investigated and did not ask if he had ever talked to her, although she said she didn't think so because the woman is in Virginia.

Because it sometimes takes a month or more to transfer detainees to the Mainland, Faymonville said that if Alexio isn't sent to Virginia by Friday, she believes she could reasonably argue for the release of her client, who is a witness, not a criminal defendant.

Ching said his office's role ended once it was established that Alexio is the man wanted in the warrant. Alexio would have to bring up the issues he has in the case with the court in Virginia, Ching said.

Alexio, who held several kicking boxing titles, won the heavyweight world kicking title in Hawai'i in 1997.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.