A motion to dismiss the espionage case of former FBI agent Richard W. Miller on grounds that the FBI had engaged in wrongful conduct during questioning of a psychologist who treated Miller for a weight problem was denied by U.S. District Judge David V. Kenyon. Miller’s lawyers had charged that the FBI misled Dr. Joan Glad by telling her there was no psychotherapist-client privilege in federal law, subsequently gaining access to notes she had taken about her sessions with Miller in 1984. After hearing Assistant U.S. Atty. Russell Hayman deny that any such privilege exists in federal law, Kenyon said the area was “murky,” but did not justify dismissal of the case. Kenyon reserved a decision on whether the government could use the evidence it collected from Glad if she is called as a witness in Miller’s trial, scheduled to begin after the trial of his alleged co-conspirators, Nikolai and Svetlana Ogorodnikov.