Whitworth Defense Wins Big Victory on Spy Jury Instruction
Prosecutors must prove Jerry Whitworth knowingly spied for the Soviet Union before he can be convicted of espionage, a federal appeals court ruled Wednesday in a major victory for the defense.
The U.S. 9th Circuit Court of Appeals declined to interfere with the decision of Judge John P. Vukasin to instruct the trial jury that in order to bring in a verdict of guilty on espionage charges, it must find that Whitworth knew that the U.S. Navy secrets he allegedly stole were passed to the Soviets.
The grand jury indictment specifically charges that Whitworth knew the destination of the classified material he sold to his good Navy friend, confessed spy John A. Walker Jr. Walker in turn sold the secrets to the Soviets.
In taking the unusual step of appealing the issue, Assistant U.S. Atty. William (Buck) Farmer noted that requiring jurors to find that Whitworth knew he was spying for the Soviets significantly increased the chance that Whitworth would be acquitted of espionage.
Farmer contended that because it is illegal to spy for any foreign power, jurors could find Whitworth guilty, regardless of whether they conclude that he knew he was helping the Soviets.
Nonetheless, Farmer said he will not appeal Tuesday’s ruling.
Whitworth, 46, a former Navy communications specialist, is charged with selling naval code information for $332,000. He faces eight espionage-related charges, seven of which carry life sentences. He also faces five tax-evasion charges. The tax charges are not affected by the appellate court’s ruling.
The government contends that the spy ring headed by Walker was the most dangerous one to operate against the United States in 30 years.
Defense lawyers fashioned their case to rebut the specific charge regarding the Soviets, bringing out testimony that Whitworth is a patriot who never showed sympathy for the Soviet system.
Defense attorney James Larson emphasized the point that Whitworth did not know he was dealing with the Soviets in his cross-examination of Walker, the prosecution’s star witness. Walker said he never told Whitworth that the Soviets were buying the information.
Whitworth repeatedly asked about the buyer during his dealings with Walker from 1974 until 1985, Walker testified. However, Walker said he always told Whitworth that the buyers were allied nations or private intelligence agencies.
The three-month-long trial, which included 150 witnesses and more than 4,000 exhibits, may now turn on a few sentences of legal instructions that will be read to jurors before they begin deliberating.
The jury instruction at issue says jurors must find that Whitworth intended or had reason to believe that his disclosures would help the Soviets or injure the United States.
The appellate court halted the trial Friday, while it considered the matter. Closing arguments had been scheduled for Monday and Tuesday of this week. As it now stands, closing arguments will begin on Tuesday.
