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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-RDP09TOO207ROO1000030078-7 WA5Ii11N6_1Vly ar"01 ITT f" y Dismissed, Deadline Set By Charles R. Babcock Washington Post Staff Writer 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, that some of what Wa11 de- drop the charges to protect Central ? manded was not relevant to the case Intelligence Agency secrets- against Berrellez and might jeopard- In an action that could deter prose- cution of other national security cases, U.S. District Court Judge Au- brey Robinson rejected a Justice De- partment proposal designed to pre- vent classified information from being disclosed at the perjury and conspir- acy trial of Robert Berrellez, an offi- cial of the International Telephone & Telegraph Corp. Berrellez. 58, is accused of lying to a Senate committee investigating ef- forts by ITT and the CIA to block the 1970 election of Salvador Allende as president of Chile.. Tti u l: Robinson's discussions with attorneys in the case 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- ~;tigation of efforts by ITT and the CIA to ir:flueace the el.ctior. in Chile. In August, Justice cropped 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 hig upcoming. trial. - Last fall, former CIA director Rich- and M. Helms was allowed to plead n6 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 i ray mail." In such cases, the defense attorney keeps demanding informa- tion from thee-government until he' finds something the prosecutors have decided they can't give tip, the report said. 0 . Patrick A. Wall, Berrellez's -attor-ney, had complained in pretrial hear- in;s that the CIA was trying to limit ize unrelated intelligence sources and methods. ?' - For instance, Wall had asked for CIA documents relating to' Hernan Cubillos, a Chilean newspaper official mentioned in the conspiracy count against Berrellez. Cubillos is now the foreign minister of Chile. On Monday, the day the trial opened, the prosecution quietly drop- ped references to Cubillos from the charges. - A jury -of eight women and four men was prepared to hear. opening statements in the Berrellez case yes- terday 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. 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 uridhrstood 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- United Press International re-' ported, for instance, that Kotelly had asked Robinson on Monday to prevent witnesses from naming CIA employes, office, locations or other intelligence information without court approval. After the huddle with lawyers yes- terday morning, R:,bioson called the jury back is and annou iced: "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 A pril 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 whether such prosecutions are , :ver pos:;ibl,-,. - 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-RDP09TOO207ROO1000030078-7