Full Release - IRmep

~ ~,~e Herald-Mail ONLINE - Franklin case goes to grandjury (printview) Page 2 of2
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F:ranklin'.$ attorney, Plato Cacheris, contended that his client was inappropriately charged.
"There is no allegation in this complaint that he intended to injure the U.S.," Cacheris said.
He said that such an allegation would have needed to support the claim that Franklin
unlawfully held the documents.
Franklini wearing a dark suit, sat. behind Cacheris' chair throughout the hearing, nearly
motionless.
Cacheris said Franklin "had those documents in his home because he was preparing for
an interview" for a government position.
Convoy testified Franklin was under surveillance prior to the search.,
"Did you see him transmit those documents to any unauthorized people?" Cacheris asked
Convoy.
"No, I did not," he responded.
u.S. AttomeyThomas E.. Johnston, of West Virginia's northem district, said Franklin "was
not authorized to retain these documents, at least at his home."
"There is no evidenc~ he delivered them to the employee or officer of the U.S. intended to
receive the,m," he said.
Johnston said Cacheris' contention that he had to show intent to cause injury to the
country "does not apply to this particular charge.II
Joel, 'in announcing his finding, said, "\Nhether or not the government properly charged"
Franklin is "a matter for another day."
In May, Franklin was charged with providing top..secr~t information about potential attacks
against U.S.. forces in Iraq to two executives of the American Israel Public Affairs
Committee, the influential pro-Israel lobbying group.
Already out on $100,000 bond on the May charge, Franklin was released after this mostrecent
charge on $50,000 bond. Joel ordered Thursday that Franklin continue on his
present bond.
The Associated Press contributed to this story.
CopyrightThe Herald-Mail ONLINE
hup:/Iwww.herald-mail.com/?inodule=displaystory&story_id=114919&format=print 6/10/2005