SPY TRIAL DEFENSE TO COMPLETE CASE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000100520013-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: December 19, 2011
• Sequence Number: 13
• Publication Date: June 19, 1986
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2011/12/19 :CIA-RDP9O-009658000100520013-3
~ii~~c~~ ^?+ IYCW 1'UKK I iMES
~, ON PAQE 19 June 1985
SPY TRIAL DEFENSE
TO COMPLETE CASE
Lawyers Expect to End Their
Presentation Today for the
Suspect in Code Thefts
By ICATHBRINE EISHOP
Spdal t0 '1~ New YOrt 7'Imr
SAN FRANCISCO, June 18 - In a
surprise move, defense attorneys in the
A~Whitv~vorth sa d today `that othey ex
petted to complete the preservation of
their case Thursday, only four days
1ayh~f began, without calling Mr.
Prosecutors have presented nearly
1~0 wittteeses over 11 and a half weeks '
in their attempt to prove that Mr. Whit-
worth stole secret Navy cryptographic
data and passed it to a Soviet espy ring
io exchange for 133.1.000.
James Larson, a defense attorney,
said that Mr. Whitworth would not tee-
tify in his defense. Mr. Larson said that
Mr. Whitworth "really has no defame
to the frvcome tax evasim charges and
for him to have to admit them on the
stand would affect his credibility on the
other charges."
Before the trial began March 24, de-
fense attorneys unsuccessfully sought
to have the eight cxNtnts of espionage in ~
the indictment tried in a separate pro-
seeding front the five counts of tax
baud. At that time they indicated that
Mr. Whitworth was inclined to take the
stand to testi~ regarding the espio-
nage charges, ut probably would not
do so regarding the tax charges.
Defense attorneys indicated last
week that they were unable to counter
the tax charges when they argued a
motion to dismiss most of the charges.
A motion to dismiss charges is rou-
tinely made at the end of the prosecu-
tion's case in most trials.
DMmtaal of Charges Deo1M I ( r........._ ..-- -- e~
torttsys asked that all the eapiormge But there hoe been to hint u to law
charges and one tax charge be Mr. Whitworth could possibly account
dropped. The lone tax count for~which for the large amounts of money spent
they asked dLmissal charges that Mr. on 6~ and investments. which was
Whitworth conspired with John A. discovered in an extensive inveerciga-
Walker Jr., who has c~nfesaed to head- `ion by agents of the internal Revenue
ing a Soviet spy ring, to defraud the In- ~r"ia? T~ ~~ traced 10,000 per-
tental Revettne Service. The attorn sonal checks, money order receipts and
argued that the espionage charges an sales slips and were able to discover
the one tax carat had not been proved
by the Government.
The attorneys did not ask for the dis-
missal of the four remaining counts
that charge Mr. Whitworth with tiling
false tax returns. Their motion was
denied by Federal District Judge John
P. Vukasin Jr.
The defense attorneys have indicated
through much of the Mal that the main
thrust of their case would be an attack
on the credibility of Mr. Walker, the
ppraaecutian's mat important witttew.
Mr. Walker, a former friend and Navy
colleagtte of Mr. Whitworth, testified
that Mr. Whitworth was a member of
his spy ring. Mr. Walker pleaded gtWty
to espionage charges in Baltimore last
October and is awaiting sentatoe.
In crass-examinatiau of Gorrernment
witnesses. defense attorneys have also,
sought to establish that Mr. WWtwotth
might have believed that the materials
the Governmatt says he stole were
being passed to an ally of the UNted
States. The indictmatt charges that
Mr. Whitworth stole the military dau
with the intent tlwt it be used to aid the
SoWet Union or harm the United
States.
nearly f1S2,000 in cash expenditures
made by Mr. Whitworth and hies wife
,
Brenda L. Reis, above what the imrestl-
gation showed could be accounted [or
from the couple's legitimate Income.
Miss Reis, who is earning a doctorate
in nutrition at the University of Califor-
nia at Davis, has not been charged in
the case.
The 12 witneses presented thus far by
the defense have attacked Mr. Walker
as a liar and characterised Mr. Whit-
worth ss a loyal and depetdable man
unlikely to have knowittgly partid-
pated in esplanageagainst hb country.
Today Mr. Whltworth's lot~time
friend and sailing partner. Roger
Olson, said Mr. Whitworth was "one of
i the mat patrk~tic Atnericatm that I
have ever known and arv anti-Comma.
nist." Mr. Olson, who met Mr. Whit-
worth when they were 18 yeah old sad
!n the Navy Reserve together, said that
he had also met Mr. Walker std ~
~ scantly disliked him.
He told Mr. Whitworth that Mr.
1 Walker "would sell out hb own taotlt-
er," Mr. Olson testified.
Declassified and Approved For Release 2011/12/19 :CIA-RDP9O-009658000100520013-3