Attorney says FBI playing ‘white
By Bob Williams
Wednesday February 12, 2003
It’s true, Black Mountain Attorney Kirk Lyons has represented the
Ku Klux Klan and militant anti-tax leaders, but the local attorney
finds it laughable that his name would even appear on an FBI
indictment which charges two U.S. citizens with espionage.
Lyons was named but not charged in the indictment. The indictment
says former Washington Army National Guard officer Rafael Davila,
52, and ex-wife Deborah Davila, 40, allegedly attempted to sell
national security secrets.
Lyons said he barely knew Deborah Davila, did not know Rafael
Davila, and did not receive any classified documents from Deborah
Davila. He is not charged with any crime.
"I can give you the biggest belly laugh I’ve got and that’s my
response. It’s ridiculous," Lyons told the Black Mountain News in a
telephone interview. "That gal’s not bright enough to be a top
Authorities say Rafael Davila stole secret documents throughout
his career as an intelligence officer in Spokane and Tacoma for the
National Guard, and that his ex-wife sold some of the materials to
The indictment alleges both Rafael and Deborah Davila had
unauthorized possession of sensitive documents during 1999. It also
says Deborah Davila lied to federal agents when she said she did not
recognize the name of Kirk Lyons and was certain she never met him.
Lyons, who has worked as chief trial counsel of the Southern
Legal Resource Center in Black Mountain since 1997, said he believes
the FBI mentioned his name to Deborah Davila to try to trap her in a
"Perhaps to protect her husband, she’s denied ever knowing me,"
Prior to his marriage, Lyons said his wife, Brenna, and her
family joined the Spokane Scottish Country Dancers in Washington
State and met Deborah Davila (then Deborah Cummings) during dancing
Deborah Davila later attended his wedding, which was performed by
Aryan Nations’ founder Richard Butler, Lyons said.
Then in the fall of 1991, Deborah Davila attended the Highland
Games in Stone Mountain, Georgia with Lyons, his wife and his
business associate David M. Holloway, Lyons said.
"That’s the last we ever saw of her," he said. "That was it, we
got a Christmas card from her and that’s the first we had heard from
her in eight years."
In court last week, Assistant U.S. Attorney Earl Hicks said the
"case involves the sale of ‘top secret’ and ‘secret’ documents
involved with the defense of the United States."
FBI agent Lee McEuen testified on Thursday of last week that
Davila and his ex-wife had illegally obtained top-secret information
related to U.S. nuclear, chemical and biological capabilities,
according to an Associated Press report.
"More than 300 top-secret documents got passed," McEuen
testified. "They are worth, on the black market, millions of
dollars, and would be of huge interest to militias and terrorist
Court papers indicated Deborah Davila told the FBI she mailed a
thick batch of documents to a North Carolina post office box where,
a mysterious male caller told her, the documents would reach Lyons.
Federal authorities said she mailed the documents and then received
$2,000 by mail.
Lyons said he never received any secret documents from Deborah
Davila and says if the FBI thought he had any secret documents that
his office would have already been searched.
Lyons said he contacted FBI agents in Asheville last week when he
learned his name was listed in the indictment. He said he asked FBI
agents to clear his name in the case. FBI agents also interviewed
his wife, sister-in-law and brother-in-law, Lyons said.
Local activist Monroe Gilmour said he’s carefully tracking news
of the indictment and any link it may have to Lyons.
"We are observing it and are documenting what has been found,"
said Gilmour, a coordinator with WNC Citizens for an End to
Institutional Bigotry. "It’s too early to tell what the facts are
going to be. It’s one more strange association that merits
Lyons can only guess as to why his name appears in the
"I think some pawn scum level undercover snitch has suggested to
the FBI that they must have known about Deborah being at our wedding
and they decided to play the white supremacist card," Lyons told the
Black Mountain News. "My name is just being used as a cat’s paw
right now. It offends me that anybody would think I would betray my
country during time of war or anytime."
The Associated Press contributed to this report.
See WNCCEIB's Letter-to-Editor concerning Lyons' statement in this article
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