dfaugh, I'm not a subscriber to gun week, either, (maybe a member/subscriber could cut&paste), but I've been following the Kwan case in WA state, here's a recent news article that hits the high points:
http://www.komotv.com/news/story_m.asp?ID=46072
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Gun collector once held in prosecutor's death to help grand jury
October 19, 2006
By Associated Press
SEATTLE - A gun collector once jailed as a material witness in the assassination of a federal prosecutor has agreed to take a lie-detector test and will fully cooperate with a grand jury investigating the case, his lawyers said in a court filing Thursday.
Albert K. Kwan, of suburban Bellevue, was held for three weeks in January 2005 as part of the investigation into the killing of Assistant U.S. Attorney Thomas Wales. Last month, Kwan was jailed on an unrelated charge of machine-gun possession.
In a motion challenging his detention Thursday, his lawyers, Joseph Conte and Eric Stahlfeld, wrote that Kwan signed an agreement with an assistant U.S. attorney on Monday, agreeing to take at least one polygraph examination and "to fully cooperate with the grand jury." In several previous appearances before the grand jury, Kwan has invoked his Fifth Amendment right against self-incrimination.
Wales, an 18-year veteran of the U.S. attorney's office in Seattle and the president of the gun-control group Washington CeaseFire, was shot as he worked in the basement of his home in Seattle's Queen Anne Hill neighborhood on Oct. 11, 2001. According to ballistics tests, the murder weapon was a Makarov pistol outfitted with a replacement barrel.
The FBI launched a nationwide search for the 3,500 replacement Makarov barrels imported into the United States prior to the killing.
Kwan was first contacted by the FBI in August 2003, when an agent met with him and asked if the FBI could test-fire his Makarov pistols. Kwan initially refused because his guns were collector's items that had never been fired; once investigators obtained a subpoena for them, he turned them over, his lawyers wrote.
His lawyers also insisted that agents were less than diligent in trying to serve Kwan with a subpoena to appear before the grand jury in December 2004 and January 2005. The agents made just one attempt: According to an FBI affidavit supporting a search warrant, when Kwan didn't answer his door, agents asked a neighbor where he was. Kwan called the neighbor and said he couldn't come to the door because he was washing his hair - a message the neighbor relayed. A section of the affidavit was cited in the motion.
After that, the FBI kept him under surveillance and eventually arrested him as a material witness, the lawyers wrote. According to the motion, agents insist that sales records from a Minnesota company, Federal Arms Corp., show Kwan purchased two Makarov replacement barrels in the mid-1990s, but Kwan only turned over one barrel and insists he never purchased a second one.
Kwan legally owns more than 100 pristine and historical machine guns. But during a search of Kwan's home in January 2005, agents found one - an M-14 - that they said was illegal.
Kwan's attorneys argue that the M-14 in question required substantial modification by federal agents - including use of a rotary tool with a cutting wheel and the installation of new parts - before it could be fired automatically. Therefore it didn't meet the legal definition of a machine gun, they argued.
Nevertheless, last month - long after the January 2005 search - Kwan was indicted on one count of machine gun possession. His attorneys suggested that the reason for the charge might be to improve his memory about the supposed second Makarov barrel; asked Thursday night whether he believed the federal government was trying to squeeze his client, Conte said, "Absolutely."
Through spokeswoman Emily Langlie, the U.S. attorney's office declined to respond. Previously, the prosecutor handling the case said the indictment was brought as soon as the Bureau of Alcohol, Tobacco and Firearms provided information about the crime.
"All of Mr. Kwan's problems with the grand jury and this indictment stem from his refusal to let the government take his pistols without a subpoena and his assertion of his legal rights from that time forward," the lawyers wrote. "... At a minimum the United States somehow believes that Mr. Kwan either killed AUSA Thomas Wales or provided the gun, or the barrel to the gun, to the person who did kill Mr. Wales."
Conte said his client was not involved in Wales' death.
U.S. Magistrate Judge Monica Benton refused to release Kwan pending trial. She said that given his history of legal scuffles with federal authorities, including the revocation of his federal firearms licenses, which he has appealed; his weapons collection; and his frequent travel to China to study the language, he posed a flight risk and a danger to the community. She also said it was "difficult to ignore" his behavior regarding the Wales investigation.
In asking U.S. District Judge Thomas Zilly to review the detention order, Conte and Stahlfeld argued that Kwan's exercise of his constitutional rights did not constitute grounds for detention. They said he is a native of Hong Kong who has lived in the Seattle area for 20 years, has no previous convictions and is a sergeant in the U.S. Army Reserve.
"He is a person who scrupulously guards his privacy and his constitutional rights," Stahlfeld and Conte wrote. "None of these makes him a risk of flight or a danger to the community."
Only one person has been identified publicly as a suspect in the Wales case: an airline pilot who recently moved from Bellevue to Snohomish, and who was once prosecuted by Wales in a fraud case. That man's lawyer has insisted he is innocent.