Former Philippines Police Official Arraigned on Espionage Charges

News Release, 20 October 2005

US Attorney's Office, District of New Jersey

Michael Ray Aquino

Former Philippines Police Official

Arraigned on Espionage Charges

NEWARK - Attorneys for former Philippines National Police official Michael Ray Aquino, who was indicted on Oct. 6, for allegedly conspiring to pass American intelligence secrets to individuals in the Philippines, today entered a not guilty plea on his behalf at Aquino's arraignment on the Indictment before U.S. District Judge William H. Walls.

Judge Walls ordered prosecution and defense attorneys to return to court on Jan. 17, to assess the need, if any, for extending the period that the government argued it needed to review classified documents in the case with particular government agencies and departments. The interests of those agencies and departments are implicated in the e-mails that Aquino allegedly received and which were shared with other former and current officials of the Philippines.

Also at the arraignment, Assistant U.S. Attorney Karl H. Buch said the investigation continues and that the government expected to seek a Superseding Indictment to add additional charges to the Indictment that was returned on Oct. 6 (for a news release and that Indictment, follow the appropriate links at www.njusao.org).

The government had requested that Judge Walls grant a nine-month continuance to permit the implicated agencies and departments to review the classified materials, and allow time for other discovery and pre-trial issues, including the need to have defense counsel receive the necessary background investigation to receive security clearance to view classified information in the case.

Under the federal Classified Information Procedures Act, the government is entitled to have defense attorneys, their investigators and others meet security clearance requirements to view classified documents before they are exchanged in the pre-trial discovery process. Classified documents can also be reviewed and potentially redacted with input from government agencies.

Rather than grant the nine months requested today by the government, Judge Walls set Jan. 17 to review the progress toward the goals stated above. The judge said he would then consider granting an extension to the government's continuance request. No trial date was set.

Under the federal Speedy Trial Act, a defendant is entitled to go to trial within 70 days of indictment unless, among other reasons, the court determines the case is complex, as defined by statute, which Judge Walls today determined to be the case.

Aquino, who was arrested on a criminal complaint on Sept. 10, was returned to federal custody following the arraignment.

-end-

Defense Counsel: Mark Berman, Esq. & Michael Baldasarre, Esq. Newark