One defendant in Cedar Rapids gun-smuggling case again pleads for release

CEDAR RAPIDS - Ali Herz, accused in a conspiracy to smuggle guns and ammunition to Lebanon, is making a second plea to get out of jail pending trial.

Herz, 50, of Cedar Rapids, filed a new motion this week, claiming U.S. Magistrate Jon Scoles didn't 'adequately” consider his personal history and character, family ties, ties to the community and his minor criminal history.

The motion also contends the court failed to consider that Herz can't travel to Lebanon or anywhere outside the United States without a passport, and that he was willing to relinquish his U.S. and Lebanese passports.

Herz's attorney, Ann Laverty, said in the motion that the court didn't consider the option of a money or other security bond to ensure Herz's appearance in court.

In his detention order, Scoles said Herz had substantial ties to the Cedar Rapids community, but also maintained substantial ties to Lebanon. He lived there between 2008 and 2012, and has returned to Lebanon frequently since that time, according to testimony.

Herz also testified during a hearing last Friday that he had plans to return to Lebanon this month for an indefinite period of time before his arrest last week.

In his order, Scoles also considered Herz's family ties and work history in detail, but said the evidence was strong that Herz and the other defendants were a flight risk and had a place to go - Lebanon.

Other members of Herz's family who also faces charges, and who remain in jail pending trial, are his son, Adam Herz, 22; his brother, Bassem Herz, 30; and Bassem's wife, Sarah Zeaiter, 24. The four family members are charged with conspiracy and delivering a package to a carrier without notice that it contained firearms and ammunition. If convicted, each faces five years in prison.

According to a criminal complaint, the four legally obtained guns and ammunition from dealers in Eastern Iowa, purchasing 113 firearms in 17 months. But then they conspired to conceal the weapons, hidden in containers, along with Bobcats and items collected from a clothing drive organized by a Cedar Rapids company.

Authorities seized one shipment bound for Beirut in Norfolk, Va., in March, according to the complaint. It contained 53 firearms, parts and more than 6,800 rounds of ammunition hidden in skid loaders. Another intercepted container contained 99 guns, more than 9,500 rounds of ammunition and gun parts, records show.