Two accused of smuggling guns to Lebanon make appeal to get out of jail

CEDAR RAPIDS - Two more defendants accused of smuggling guns to Lebanon asked a federal judge last week to overrule a magistrate's order and release them from jail pending trial.

Adam Herz, 22, and his uncle's wife, Sarah Zeaiter, 24, both of Cedar Rapids, filed appeals claiming U.S. Magistrate Jon Scoles didn't 'adequately” consider their family and community ties when he ruled they should remain in jail. They are appealing the decision to U.S. District Chief Judge Linda Reade.

Reade hasn't filed a ruling, and no hearings have been set.

Ali Herz, 50, of Cedar Rapids - Adam's father and Zeaiter's brother-in-law - filed a similar appeal earlier. His brother Bassem Herz, 30, also charged in the conspiracy, didn't seek release pending trial.

Scoles in his orders went over the defendants' ties to the community but concluded that they also had substantial ties to Lebanon. He also pointed out at least two of them had traveled to Lebanon on a regular basis.

Zeaiter in her appeal argues she has family ties through her husband's family and an 8-month-old son and would not run. The motion also contends she wouldn't be able to leave the country without her passport, which she believed already had been seized by authorities.

Adam Herz argues he is a student at Kirkwood Community College, studying dental technology, and has lived with his family in Cedar Rapids and traveled legally to Lebanon with a U.S. passport. He also is willing to forfeit his U.S. and foreign passports.

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, buying 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 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.