OTHER AIR MARSHALS IMPLICATED

Testimony in Detention Hearing Indicates 2 Held in Drug Smuggling May
Have Had Help

A dramatic courtroom confrontation and other testimony Thursday
signaled that other federal air marshals based in Houston could be
part of an investigation that snared two air marshals on
drug-smuggling charges.

The confrontation came between a prosecutor and an air marshal who
appeared as a character witness during a hearing before U.S.
Magistrate Judge Stephen Smith to determine whether the accused
marshals should be released on bail.

Shawn Ray Nguyen, 32, and Burlie L. Sholar III, 38, both of Houston,
are charged with conspiracy to possess with intent to distribute 5
kilograms or more of cocaine, which carries a sentence of 10 years to
life in prison and a maximum fine of $4 million.

Testimony in their detention hearing had indicated Nguyen told
investigators that other air marshals might be involved in wrongdoing.

Sholar had warned Nguyen while they were in custody that if he gave
incriminating information about other air marshals, "his life wasn't
worth anything," according to testimony from Stuart Maneth, agent with
the Inspector General's Office of the Homeland Security Department.

Assistant U.S. Attorney Mark McIntyre then surprised the defense by
calling to the stand Patrick Hightower, one of four air marshals who
came as character witnesses for Sholar.

McIntyre thrust two altered travel documents in front of Hightower,
forcing him to admit that he and Sholar had stayed together in a
single hotel room and billed the government for two rooms.

"Do you know that is fraud?" McIntyre asked. Hightower said he
did.

Although McIntyre said he had evidence of other instances of fraud,
Smith cut off further questioning, saying that the issue was whether
Nguyen and Sholar were flight risks and a danger to the community.

During a break, Assistant U.S. Attorney Edward Gallagher said "no
comment" when asked whether other air marshals are under
investigation.

Smith set appearance bonds of $100,000 with electronic monitoring for
both defendants and ordered Nguyen to undergo psychiatric treatment.

McIntyre and fellow prosecutor James Alston said they would appeal to
a U.S. district judge. Smith said he would stay his order until
Tuesday so the government can appeal.

George Parnham, attorney for Sholar, put Sholar's wife, Deborah, on as
a character witness. She said Sholar was a member of the Old Guard
unit of the Army, an elite unit that guards the Tomb of the Unknown
Soldier in Arlington Cemetery, before joining the U.S. Capitol Police
in Washington, D.C., where he had top-secret clearance and was a
member of the unit that shared responsibility for the president's security.

He left the Capitol Police to work for the Los Angeles Police
Department from 1996 to 2001, when he became an air marshal.

Kent Schaffer, attorney for Nguyen, put family members on the stand
who testified that Nguyen was on medical leave because of a neck
injury and was being forced to leave his job as an air marshal.

Nguyen's sister, Ann Richardson of Augusta, N.C., testified that he
was depressed, worried about money and about his ex-wife's seeking an
increase in child-support payments.

McIntyre portrayed Nguyen and Sholar as dangerous, citing death
threats by each.

Maneth testified that Nguyen had threatened to kill a confidential
witness if the informant exposed the air marshals, at one point
saying, "If you tell anything, I'll put you to sleep, I swear to God."

At another meeting, Nguyen suggested he and Sholar could kill with
impunity, saying, "Homeboy and I can kill and get away with it,"
Maneth testified.