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December 22, 2016
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August 16, 2011
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Sanitized Copy Approved for Release 2011/08/17: CIA-RDP09TOO207RO01 000030011 -0 WASHINGTON FV5U' STAT ITT ,Jury Dismissed, Decdline Set Washington Post Staff Writer Some of the discussion could be' heard by reporters in the courtroom, including offers by Robinson to seal' the courtroom during parts of the trial and contentions by prosecutor' John Kotelly that some defense re- quests for evidence were not relevant. It is and rstood that the govern-; ment was seeking -permission: to - be able to challenge Wall's proppsed de- fenses at bench conferences with the' judge during the- trial before the jury' would be allowed to hear certain evi- dence. United Press International re ported, for instance, that Kotelly had A federal judge dismissed .the jury his defense" by barring his access to in a sensitive national security case '. some material. yesterday and told prosecutors they Justice Department attorneys ar- must decide' by. Monday whether to gued then, as they did again yester- day, drop the charges to protect Central mandedawas of relevant tto the case Intelligence Agency secrets. .. ,against Berrellez and might jeopard- In an action that could deter prose- . ize unrelated intelligence sources and cution of other national - security methods. ' cases, U.S. District Court Judge Au- _ For instance, Wall had asked for brey Robinson rejected a Justice De- CIA documents relating to Hernan partment proposal designed to pre- Cubillos, a Chilean newspaper official vent classified information from being mentioned in the conspiracy count disclosed at-the perjury and conspir- against Berrellez. acy trial of Robert Berrellez, an offi- Cubillos is now the foreign minister cial of the International Telephone & trial th th d d e ay ay, e of Chile. On 11lon Telegraph Corp. Berrellez. 58, is accused of lying to opened, the prosecution quietly drop- pod references to Cubillos from the a Senate committee investigating ef- forts by ITT and the CIA to block the 1970 election of Salvador Allende as president of Chile. Though Robinson's discussions with attorneys in the ease were in secret, it is understood that he told Justice law- yers he will grant a defense motion to dismiss the case unless they can get yesterday's ruling overturned. Appeals generally are not heard on a judge's decision before a case is fin- ished. The Justice Department could try to get the U.S. Circuit Court of Appeals here to order Robinson to change his ruling, but this so-called mandamus procedure is rare. 'The government's concern about protecting national secrets has been a constant threat to the three cases growing out of the Senate's 1973 in- vastigation of efforts by ITT and the CIA to influence the election in Chile. In August, .Justice dropped three counts of a companion indictment against Edward J. Gerrity Jr., an ITT ' senior vice president, rather than run the risk that classified information might be disclosed at hit upcoming trial. - Last fall, former CIA director Rich= and M. Helms was allowed to plead no contest to misdemeanor charges of giving evasive testimony to the Senate because he threatened to disclose se- crets in his defense. A recent Senate Intelligence Com- mittee report on the problems of na- tional security threats to prosecutions referred to the defense tactic as "graymail." In such cases, the defense attorney keeps demanding informa- tion from the _government until he finds something the prosecutors have decided they can't give tip, the report said. 0 . . Patrick A. Wall, Berrellez's ? attor- r"'y. had complained in pretrial hear- ings that the CIA was trying to limit - 4Sxru ILUU1L1 ULL Vll :YiVLUay LU PLCVCIlt witnesses from naming CIA employes , charges. A jury of eight women and four office. locations or other intelligence stat-amen :s in the Berrellez case yes- terday morning when the judge called opposing, attorneys to the bench to continue-out of the jury's hearing-- arguments on the prgsecution's pro. posed protective order. - terday morning, Robinson called the jury back in and announced: "Circumstances have arisen which make it necessary for me to discharge You" " Attorney General Griffin B. Bell said at ? the time charges were filed against Berrellez and Gerrity in April that "You cannot decide never to prosecute these cases that might in- volve national security. To do so gives people a license. That just can't be the law." The problems encountered since then in the Gerrity and Berrellez cases have led some Justice attorneys, however, to wonder whetter such prosecutions are ever possible. The cases also raise questions about the government's ability to prosecute espionage cases, such as the one pend ing aginst William Peter Kampiles, a former CIA clerk accused of selling the Soviet Union a supersecret man- ual on a sophisticated U.S. spy satell- lite. Some Justice Department officials feel that the relevancy of evidence is much clearer in espionage cases than it has been in the troubled cases in- volving ITT, the CIA and Chile. Sanitized Copy Approved for Release 2011/08/17: CIA-RDP09TOO207RO01 000030011 -0