District Court Judge Leslie Kobayashi says she is considering releasing a Makakilo man to a halfway house after his attorney filed an appeal Thursday to the decision that he be held without bail.
Benjamin Bishop is accused of giving military secrets to a Chinese national, who prosecutors say was his girlfriend.
Bishop's attorney, Birney Bervar, argued Bishop is not a flight risk, is not a danger to the community and is not a risk to obstruct justice.
Assistant U.S. Attorney Ken Sorenson says Bishop would likely obtain a cellphone and Internet access at the halfway house, creating a risk he would leak defense secrets while there.
After hearing from both sides in this case, Judge Kobayashi took the matter under advisement. She is expected to make a ruling next week.