LETTER TO RICHARD BEN-VENISTE FROM LAWRENCE R. HOUSTON RE WATERGATE DEFENDANTS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01482381
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: December 28, 2022
• Document Release Date: August 7, 2017
• Case Number: F-2007-00094
• Publication Date: August 20, 1973

Approved for Release: 2017/01/18 C01482381
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
20 August 19 73
Mr. Richard Ben-Veniste
Office of the Special Prosecutor
142 5 K Street, N. W.
Washington, D. C. 20006
Dear Mr. Ben-Veniste;
Re: Watergate Defendants
Enclosed is a copy of the letter we received from
Schultz & Overby requesting information about the service
of certain of their clients with this Agency. Their under-
standing that Mr. Frank A. Sturgis was employed by the
Central Intelligence Agency is in error. It stems from
testimony given by Mr. Helms; depending on his memory
he said he thought Sturgis had been employed by CIA. Our
records and the information we have furnished to the FBI
and various committees in connection with the investigation
of the Watergate affair are to the contrary.
When we have the information on Bernard L. Barker
and Eugenio R. Martinez, we will be in touch with you. I
talked to Mr. Overby in Mr. Schultz' absence and told him that
we would be back to them well before sentencing time.
In my absence, Mr. John S. Warner, Acting General
Counsel, will be handling this matter.
Sincerely,
eita.a..14-e. C4 Lawrence
-
Lawrence R. Houston
Office of General Counsel
Enclosure:
cc: Executive Secretary
Approved for Release: 2017/01/18 C01482381
Approved for Release: 2017/01/18 C01482381
9---471s
SCHULTZ & OVERBY
1990 N1 STREET, rq. W.
WASHINGTON. D. C. 20036
DANIEL E. SCHULTZ
ALBERT W. OVERBY
Mr. William Colbey
Director, Central
Intelligence Agency
Washington, D.C. 20505
Dear Mr. Colbey:
August 13, 1973
RE: S&O: 3869
[phone]
We are representing Mssrs. Bernard L. Barker,
Eugenio R. Martinez, Frank A. Sturgis and Virgilio R.
Gonzalez in the captioned case which is the so-called
"Watergate" case now pending before the Honorable John
J. Sirica in the United States District Court for the
District of Columbia. Our clients are now awaiting final
sentencing from Judge Sirica which the Court has indicated
to us may occur either in early September or even possibly
toward the end of this month.
It is our understanding from the testimony of
both former Director Helms and Assistant Director General
Walters before the Senate Watergate Committee that at
least three of our clients Mssrs. Barker, Martinez and
Sturgis were employed in the past either directly or
indirectly by your agency. It is also our understanding
that the records of your agency's pertaining to the
association of our clients with your agency have been .
made available to both the Senate Watergate Committee as
well as one or more other Committees of the Senate.
In our opinion, the fact that our clients have
served this country by working for or under the super-
vision of your agency and the details in connection with
the work they did perform is something which should be
considered by Judge Sirica in determining the final
sentences for our clients and could have a strong and
favorable impact on the sentences he finally imposes. Our
clients have refused to discuss the details of their ac-
tivities for or in connection with your agency because
of what they consider to be an obligation of secrecy
Approved for Release: 2017/01/18 C01482381
Approved for Release: 2017/01/18 C01482381
Mr. William C
August 13, 19/,
page 2
notwithstanding the fact that your agency has made the
records available to the Senate and, in fact, actually
only acknowledged to us that they did work for your
agency after it was so revealed by former Director Helms
and General Walters in their testimony before the Senate
Committee.
Accordingly, we are writing this letter for two
specific purposes. First, we request a written authori-
zation from your agency permitting our clients to discuss
this matter in full with us as their attorney. Second,
and at this juncture even more important, we are request-
ing that your agency provide Judge Sirica and ourselves as
the men's attorneys with a copy of your agency's complete
file with respect to these men including but not limited
to any personnel files maintained on the men, all records
and reports reflecting or pertaining to the activities
they participated in or the work they did for the agency,
including the results of same, and those records reflecting
the monetary reimbursement they received for such activi-
ties and work.
We obviously hope that you will realize the
importance of this matter to our clients and will comply
with this request. In this connection, we think it
appropriate to note our belief that under the law, you
have a legal obligation to furnish this information and
these records both to us and to the Court in connection
with the pending case. We are confident that Judge Sirica
would comply with a request by your agency that these
records not be made a part of the public record if that
is your wish and we will also honor any such conditions
if you wish to impose them.
Finally, we also think it appropriate to advise
you that we have strongly recommended to our clients that
if this request is not honored by your agency, they permit
us to place them on the stand at the time of final sentencing
and testify in detail with respect to the activities they
participated in and the work they performed directly or
indirectly for your agency. They are extremely reluctant
to follow our recommendations in this respect and are very
hopeful that you will comply with your request so that they
do not have to make that decision.
Approved for Release: 2017/01/18 C01482381
Approved for Release: 2017/01/18 C01482381
Mr. William bey
August 13, 1973
page 3
In light of the fact that final sentencing is
apparently only a few weeks away, we would appreciate
it if you could give this your earliest attention and
advise us promptly of Our position in this matter.
Thank you in advance for your careful consideration of
our request.
Sincerely,
S3,4A
Daniel E. Schulz
DES/clj
Approved for Release: 2017/01/18 C01482381