FBI Files Opened to Spy Case Defense : Attorneys for Russian Woman Seek to Establish Insanity Issue

A court-appointed psychiatrist for accused Soviet spy Svetlana Ogorodnikova was granted a national security clearance Thursday to examine secret FBI files, which her attorneys hope to use as part of a limited insanity defense in her pending espionage trial.

Disclosure of the government’s action was made to U.S. District Judge David V. Kenyon by Ogorodnikova’s lawyers after weeks of closed-court sessions in Los Angeles relating to her possible mental and emotional problems.

Ogorodnikova, 34, was arrested Oct. 2 along with her husband, Nikolai Ogorodnikov, 52, on charges of conspiring with former FBI agent Richard W. Miller to pass FBI documents to the Soviet Union.

Kenyon last week separated the trial of the two accused Soviet spies from that of Miller, ordering the trial of the Ogorodnikovs to begin March 5, with Miller’s to follow.

Dr. Saul J. Faerstein, a Beverly Hills forensic psychiatrist, was appointed by Kenyon to examine Ogorodnikova after her attorneys, Brad A. Brian and Gregory P. Stone, informed the judge that they were considering a possible limited insanity plea on her behalf.

Before examining Ogorodnikova, however, Faerstein wanted to examine government documents relating to a possible history of mental and emotional trouble, including her alleged alcoholism.

Ogorodnikova’s attorneys originally had until Jan. 15 to notify Kenyon whether they intended to present some kind of insanity defense, but delays in granting Faerstein a security clearance have steadily pushed back the deadline.

After Brian informed Kenyon of the clearance, the judge set a new deadline of next Thursday for the defense attorneys to indicate their plans for her defense.

Because of warnings from Kenyon, Ogorodnikova’s lawyers have refused to talk about the possible defense plea, beyond the pleadings they have submitted to the court.

They have portrayed Ogorodnikova in court, however, as a woman of limited intelligence who had been a useful FBI informant and who was doing what she thought the FBI wanted her to do during her involvement with Miller.

Ogorodnikova, who was sexually involved with Miller, has allegedly claimed she is both the daughter and the former lover of deceased Soviet Premier Yuri Andropov. She has also reportedly claimed having an affair with another FBI agent before her involvement with Miller.

Government files on Ogorodnikova may contain references by FBI officials about mental problems she may have, her lawyers have suggested. They have also referred to a problem of alcoholism and a past arrest for drunk driving.

Ogorodnikova sat quietly during Thursday’s pretrial session. She had appeared for every previous court proceeding since October in the same brown wool sweater-dress, but this time she had a new black glitter blouse and a matching skirt.

No Knowledge of Spying

On only one occasion have the Ogorodnikovs shown any unusual emotion during their court appearances. That was last week when they argued heatedly with one another in Russian. It was learned that the argument came after Ogorodnikov had refused to buy his wife a pack of cigarettes during a break in the courtroom proceedings.

Ogorodnikov, who has sat with a puzzled expression on his face through most court sessions, has contended through his attorney, Randy Sue Pollock, that he had no knowledge of any espionage activity.

Last week, during the fight with his wife, Ogorodnikov was heard to remark in English at one point: “I don’t even know why I’m here. I’m just here.”

Miller, who claims he was involved with the two Russians in an effort to infiltrate an active Soviet spy ring, has been expected to be the main government witness against the two accused Soviet agents.

The government has the power to grant Miller limited immunity to testify against them and hold him in contempt of court if he refuses.

Question About Testimony

There was no indication before Thursday that Miller might not testify. But Assistant U.S. Atty. Bruce G. Merritt said he was told by one of Miller’s lawyers, Joel Levine, that there may now be a question of whether he will testify or accept the consequences of a contempt order and refuse to take the stand in the Ogorodnikovs’ trial.

Kenyon said Miller’s expected testimony against the Russians was one reason he decided to put Miller on trial second. He indicated he would be open to a government motion to reverse the order of the trials if Miller refuses to testify.

Levine and Stanley Greenberg, Miller’s co-counsel, said there had been a misunderstanding and promised to talk with Miller in the next few days to clarify the issue.