Judge keeps lid on Area 51 secrets

Tuesday, April 15, 2003 | 10:06 a.m.

CARSON CITY -- A federal appeals court has refused to unveil confidential documents that may reveal if and how hazardous substances were handled at the secret Air Force Base at Area 51.

The 9th U.S. Circuit Court of Appeals Monday upheld the decision of U.S. District Judge Philip Pro who released transcripts of hearings but with classified information blacked out.

Five workers and the widows of two former employees filed suit saying they were exposed to toxic fumes at the base. They have been trying since 1994 to discover whether hazardous substances were at the base and how they have been handled.

Las Vegas media outlets filed briefs in support of the efforts by the employees and the widows, seeking the release of the information.

The circuit court, in a decision written by Judge Pamela Ann Rymer, said it had already ruled in a prior case that information was covered by "state secrets privilege."

"We have already accepted the government's position that disclosure of protected information in these cases risks significant harm to national security," Rymer wrote.

Helen Frost, the widow of Robert Frost, sued the Defense Department, alleging the workers were exposed to toxic materials burned in open pits at the base about 100 miles north of Las Vegas.

Stella Kasza, the other widow, sued the Environmental Protection Agency, suggesting national environmental laws were violated.

Judge Harlington Wood Jr. wrote a concurring opinion, saying he agreed with the majority but suggested the federal government might want to settle. He said he had watched a documentary on the History Channel titled "Area 51: Beyond Top Secret," and the Air Force refused to confirm or deny what was reported in that documentary. The government should consider setting the record straight in the interest of the health of people who were exposed to the area, he said.

He said Jonathan Turley, attorney for the workers, made the point that all he wanted was to gain knowledge that would aid in the treatment of the workers and not big money judgments against the government.

"I write separately to urge the government, now that these cases are concluded, to strongly consider releasing any information possible which might aid plaintiffs," Wood wrote.

"That is unless, of course, there is no information which might help them, or if the disclosure of any helpful information that may exist would still risk significant harm to national security."

Most of the workers were identified as Joe Doe in the suit for fear of losing their job.