WHITWORTH SPY TRIAL HALTED BY CHALLENGE TO A RULING BY JUDGE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00965R000100520011-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: December 19, 2011
• Sequence Number: 11
• Publication Date: June 29, 1986
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2011/12/19: CIA-RDP90-00965R000100520011-5
MTICLE R
ON PAOE~~
NEW YORK TIMES
29 June 1986
Whitworth Spy Trial
Halted by Challenge
To a Ruling byJudge
By KATMRM SLUMP
special to no MOP Ye rt T`..
SAN FRANCISCO, June 27 - A
panel of the-United States Court of Ap.
peals for the Ninth Circuit halted pro.
Friday In the espionage and
tax fraud erry A. Whitworth at
of the GovernmeoL Thm
days of c arguments. c lminst.
ing in a day of instructions to the. Jury,
were to have begun Monday.
Prowcutm appealed Federal District Judge dg the halt
after Vukasin Jr., who is presiding over John the
trial, refused to reverse a ruling he
made earlier this week an his Instruc,,
th s to the jury.
Judge Vukasin said he would not
change his decision to instruct the jury
that, to win a conk Lion, prosecutors
most have produced evidence proving
that Mr. Whitworth knew classified
Navy data he is accused of staling
were being sold- specifically to the
Soviet Union, exactly as the indictment
in the case charges.
Wording of ' etmsat
The appeals court said It would hear
the Government's appeal and rule an
the issue within a week.
At issue is the wording at the indict-
meat returhed against Mr. Whitworth
last December charging him with eight
counts of espionage and five aw~a of
tax fraud. The Government said that
Mr. Whitworth, while a Navy radioman
with a top-secret 'security clearance,
stole classified Navy cryptographic
materials and coded messages and, to
exchange for $332,000, passed them to a
Soviet spy
ring .headed by John A.
Walker Jr.
The espionage- statute under which
Mr. Whitworth is charged makes it ille-
gal to obtain, deliver or conspire to de.
liver national defense information with
the intent to aid any foreign nation.
However, in the original indictment
brought' against Mr. Whitworth.at the
time of his arrest last June and in each
of the three amended indictments filed
subsequently, the Government spedfl-
cally charged Mr. Whitworth passed
the stolen materials with "intent and
reason to believe" thai they would be.
used to the advantage of the Soviet
Union.
Declassified and Approved For Release 2011/12/19: CIA-RDP90-00965R000100520011-5