ESPIONAGE TRIAL FOCUSES ON WHITWORTH'S INTENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000504210011-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: January 24, 2012
• Sequence Number: 11
• Publication Date: May 2, 1986
• Content Type: OPEN SOURCE

d Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210011-1
WASHINGTON POST
2 May 1986
espionage Trial Focuses
On Whitworth's Intent
Ad Walker Reveal Soviets as Customers?
6 -
By Ruth Marcus
w-Y1-u. Pat suer wrkrr
SAN FRANCISCO, May 1-As
the espionage trial of retired Navy
communications expert Jerry Alfred
Whitworth finishes its fifth week in
federal court here, the issue of
whether Whitworth knew the ma-
terial he allegedly passed to John
Anthony Walker Jr. was going to
the Soviet Union is emerging as one
of the most critical in the trial.
Walker testified Wednesday that,
through the 11 years he and Whit-
worth allegedly conspired to pass
Navy coding secrets to the Soviet
Union, he never disclosed the true
identity of his "buyer."
While that is far from fatal to the
government's case, it does provide
defense lawyers with some ammu-
nition in a case that appeared to
many to have no loose ends.
During his initial "sales pitch" to
Whitworth in 1974, Walker said he
was hazy with his Navy colleague
NEWS
ANALYSIS
and "best friend" about
where the material
was going, suggesting
buyers were allied countries such as
Israel, organized crime or a private
publication such as Jane's Fighting
Ships.
Whitworth is charged with eight
espionage counts that state he had
"intent and reason to believe" the
information he was providing "was
to be used to the injury of the Unit-
ed States and to the advantage of a
foreign nation, that is, the Union of
Soviet Socialist Republics."
Defense lawyers have indicated
through their questioning that their
defense may hinge on an argument
that Whitworth, who they have said
might take the stand, believed the
material was going to a friendly
country such as Israel.
In their questioning of Walker
and other witnesses, prosecutors
have sought to show that Whit-
worth must have realized the infor-
mation was delivered to the Sovi-
ets.
For example, Walker testified
that Whitworth expressed concern
about the arrests of several Soviet
spies and asked Walker to find out
from his buyers what had gone
wrong. Walker said he thought
Whitworth was "overly concerned"
about being caught but that he
came back with answers from the
Soviets anyway.
Under questioning by Assistant
U.S. Attorney William S. Farmer,
Walker said Whitworth, in his "es-
pionage debriefings" about the ma-
terial he was providing, never
pointed out material relating to Is-
rael or the Middle East.
However, Walker said, Whit-
worth did highlight a message he
obtained while aboard the aircraft
carrier U.S.S. Enterprise in 1983
relating to an incursion by F-14
fighter jets into Soviet airspace.
In addition, prosecutors have
won permission to introduce a se-
ries of 1984 letters to the FBI of-
fering to expose an espionage ring
that they contend were written by
Whitworth. In the first letter, dated
May 7, the author, who signed
"RUS," said, "I didn't know that the
info was being passed to the USSR
until after I had been involved a few
years and since then I've been re-
morseful and wished to be free."
The prosecution and defense dis-
agree strenuously over whether
Whitworth may be convicted of es-
pionage if the jury finds that the
government has not proved that
Whitworth knew the material was
going to the Soviets.
Defense lawyers Tony Tambu-
rello and James Larson argue that
the government is bound to prove
what it has alleged in the indict-
ment. "If you're charged with a par-
ticular crime by a grand jury and
[the government] proves something
different at the time of trial, you
should not be convicted,", Tambu-
rello said.
But prosecutors disagree. They
point to the espionage statute itself,
which makes it a crime to pass clas-
sified information with intent or
reason to believe that it would be
used to the injury of the U.S. or the
benefit of a foreign power-and
does not specify which country.
The issue is likely to be ad-
dressed in Judge John P. Vukasin
Jr.'s instructions to the jury at the
conclusion of the case.
Debriefing Document
Disclosure Considered
SAN FRANCISCO, May 1-U.S.
District Judge John P. Vukasin Jr.
interrupted cross-examination of
accused spy John Anthony Walker
Jr. today to decide whether defense
lawyers were entitled to see gov-
ernment debriefings of Walker fol-
lowing his plea arrangement.
Vukasin said lawyers for accused
spy Jerry Alfred Whitworth could
have access to some of the docu-
ments but reserved ruling on others
until tomorrow. He recessed the
trial until Monday.
As he finished his direct testimo-
ny, Walker said he warned Whit-
worth that his constantly changing
career plans "could be dangerous to
one's health."
Walker said Whitworth's actions
could "foul up the money flow and
put us in danger of actually being
assassinated."
Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210011-1