Whitworth Passed Secrets to Walker, New Charges Say

A third superseding indictment was handed down here Tuesday against accused Navy spy Jerry A. Whitworth, containing four new charges that he passed classified cryptographic and message information to convicted spymaster John A. Walker Jr. for transmission to the Soviet Union.

In addition, information added to an existing conspiracy count in the 11-count indictment charges that Whitworth and Walker met at a San Diego restaurant sometime between July and December, 1974, to form a partnership under which Whitworth would steal the information from the ships and installations where he served, and Walker would be responsible for passing it on to the Soviets.

Under the purported deal, said to have been reached at the now-defunct Boom Trenchard’s Flight Path Restaurant, the two men agreed to split the profits from the operation equally. It has already been alleged that Whitworth got $332,000 over an 11-year period concluding this year, which suggests that the government believes the Soviets paid $664,000 for the material they received.

Carry Life Sentences

All four new counts--detailing specific instances in which Whitworth allegedly passed the classified information to Walker in Hong Kong in August, 1977, in Manila in December, 1978, in Alameda, Calif., in May or June, 1980, and in Alameda again in January or February, 1982--carry maximum possible life sentences.

Meanwhile, the government dropped three lesser charges against the 46-year-old retired chief radioman. These carried maximum 10-year sentences and involved unlawful possession and delivery of classified material.

U.S. Atty. Joseph P. Russoniello told reporters that with this new “simplified, more specific” indictment he is now convinced the government is ready to try its case and has identified all the members of the Walker conspiracy.

“Our earlier suspicions have been even more substantiated,” he said. “This was one of the most serious breaches of security we’ve experienced since World War II.”

Although Russoniello declined to say whether the new indictment was based on grand jury testimony from John Walker, it is known that the spy ringleader was in San Francisco last week to appear before the panel. Walker pleaded guilty Oct. 28 under an agreement with the government requiring him to cooperate fully in making the case against Whitworth.

Linked to Walker Testimony

“Obviously, they’re making the new charges based on what Walker has told the grand jury,” one of Whitworth’s attorneys, Tony Tamburello, said Tuesday. “It’s like the bear in captivity, dancing to the captors’ tune. He needs to do things to carry through and secure his deal.

“But we deny that what he says is true,” the lawyer added.

Whitworth has told friends in letters that although he was a close friend of Walker he did not commit espionage with him.

Walker received a life sentence after pleading guilty, but will be eligible for parole in 10 years. His son, Michael Lance, pleaded guilty and was sentenced to a lesser term at the same time. Whitworth, if found guilty, could receive consecutive life sentences on each count, requiring him to serve a much longer time than the elder Walker.

The fourth person charged in the case, John Walker’s brother Arthur J., was convicted of spying by a jury and sentenced to life in prison.

Tamburello said that he and chief defense attorney James Larson will decide by Dec. 16, when an evidentiary hearing is scheduled to resume in the Whitworth case, whether to ask for a delay in the trial. It is now scheduled to begin here Jan. 13.

Russoniello told reporters the government now believes that the Whitworth-Walker espionage partnership lasted until May 19, 1985, the day Walker was arrested and the day before FBI agents showed up at Whitworth’s home to interrogate him. Whitworth was arrested June 3 and has been in prison since then.

‘We Have the Proof’

Apparently alluding to information provided by Walker, the U.S. attorney added: “We are now able to say with specificity that not only did the meetings take place, but at those meetings almost invariably classified information was passed . . . . We are much more secure that we have the proof.”

He noted that additional information has been added to other counts in the indictment, including allegations that Whitworth passed classified information on the Navy’s cryptographic keying system to Walker on about 20 separate occasions.

Intelligence experts have previously explained that by being provided with the Navy’s cryptographic systems and the keys to it, the Soviets could acquire state-of-the-art information about American military communications, allowing them to catch up to the United States in military technology.

Russoniello said he sees no reason why the trial should be delayed since the character of the case against Whitworth has not changed.