Navy Employee Held in Spy Case Ordered Kept in Brig

A military judge denied a defense motion Tuesday to release a retired Navy enlisted man who allegedly worked as an intelligence agent for the Philippine government at the same time he was employed by the U.S. Navy.

Citing “the seriousness of the offenses and the ties of this accused to a foreign nation,” the judge ordered Michael H. Allen to remain in custody, pending his court-martial.

Allen, 53, a retired Navy senior chief radioman, has been incarcerated since December in the maximum-security section of the brig at the 32nd Street San Diego Naval Station.

On Friday, Allen, who will face a general court-martial, was formally arraigned on charges of violating three articles of the Uniform Code of Military Justice, including various acts of espionage and attempted espionage.

Allen was working as a low-level clerk at the Naval Telecommunications Center at Cubi Point, the Philippines, when he was apprehended Dec. 4 after a five-month investigation.

In testimony at Tuesday’s hearing before Capt. Phillip Roberts, evidence was given that Allen had also worked as an informer for the U.S. Naval Investigative Service in the Philippines.

He is accused of wrongfully copying and removing confidential and secret material from the telecommunications center. Specific charges allege that Allen turned over classified and unclassified reports on U.S. intelligence activities in the Philippines to Col. Ben Aguilar, Master Sgt. Greg Lappay and Sgt. Romy Tungo, members of the intelligence branch of the Philippine Constabulary.

The charges also allege that Allen did “wrongfully solicit” another man to commit espionage.

Because Allen is receiving a retirement paycheck for his active Navy service, the Navy can legally prosecute him, rather than turn the case over federal civilian authorities. Allen is being tried in San Diego because there are more attorneys and facilities here than in the Philippines, a Navy spokesman said.

It is the first time a retired military service member has been court-martialed in San Diego. A retired Marine Corps gunnery sergeant was court-martialed in the Philippines in 1984.

The case will continue at the 32nd Street Naval Station on March 23, when both sides will present motions. April 20 is the date set for the court-martial.

Allen’s attorneys are Cmdr. Steven Carroll and Lt. Cmdr. Harry V. Rause.

Lt. Cmdr. Peter L. Fagan, assisted by Lt. Mark A. Waggoner, is the trial counsel, or prosecutor.