The hearings against Army Chaplain James Yee hit a stall Tuesday when prosecutors announced they were unsure the papers Yee carried were classified.

Yee was initially stopped by Customs, thought to be a spy and thrown in the navy brig where he was held in solitary for over two months while the Government investigated the documents in his briefcase.

After concluding its investigation, the Government announced it was not filing spy charges against Yee after all, only charges of mishandling classified data, adultery and possession of pornography on his government computer. The Government learned about the adultery and pornography during a review of the documents seized from Yee at the time of his arrest.

Eugene R. Fidell, Captain Yee's civilian defense lawyer, called it disgraceful that his client had been kept in the brig for 76 days for possessing materials that the government still had not determined were classified. Mr. Fidell also said the military should be embarrassed to have tried to proceed with a criminal hearing on the charges without the determination.

Major Sikes [Yee's Military counsel] said he hoped the military would decide to drop the case. He said he believed that the military was pressing ahead as part of an unwise effort to save face over its initial miscalculation.

The Government now says it will conduct a thorough investigation into whether the documents Yee carried at the time of his arrest were classified. The hearing that began Monday will resume January 19.

Shoddy is probably an understatement in describing the Government's handling of Yee's investigation and prosecution.

Update: The Christian Science Monitor examines why the Army's case is falling apart: