Efforts to Try Navy Probers Rejected by Lonetree Judge

A military judge Friday rebuffed moves by lawyers for Marine Sgt. Clayton J. Lonetree to put the Naval Investigative Service on trial at the espionage court-martial of the former Moscow embassy security guard.

Defense lawyer Michael V. Stuhff asked during the third day of Lonetree’s court-martial that the prosecution be required to turn over documents and records from the agency that spearheaded the massive inquiry into the sex-and-spy scandal. He said the information would help prove that the NIS was guilty of “pervasive misconduct.”

The presiding judge, Navy Capt. Philip F. Roberts, rejected the request, saying defense lawyers were making “sweeping requests for tons of information” and were engaging in “a classic example of a gigantic fishing trip.”

Defense Request Denied

The judge also denied a defense request that the government turn over a report prepared by a presidential panel headed by billionaire H. Ross Perot that studied security of U.S. embassies abroad.

Stuhff said he had talked by telephone with Perot and that the Texas businessman urged him to get a copy of the classified report, which was prepared by the Foreign Security Advisory Board several years ago.

After the judge denied the request, Stuhff said outside the courtroom that he would seek to call Perot as a witness. He said the Perot panel found a “sloppy and negligent attitude” by the State Department toward safeguarding secrets at the U.S. Embassy in Moscow and elsewhere.

Lonetree, 25, is accused of 13 counts of espionage, disclosing the identity of American intelligence officers and violating rules against fraternizing with Soviet nationals.

Serious Charges Dropped

Several more serious charges, including an accusation that he allowed Soviet agents to roam through the most sensitive areas of the Moscow embassy, were dropped by the government last month.

The military also dismissed all charges against Cpl. Arnold Bracy, Lonetree’s alleged accomplice, after Bracy recanted a confession he said NIS agents had coerced from him.

The first three days of Lonetree’s trial at the Marine base here have been dominated by arguments over defense motions. Besides denying defense requests for additional government documents, the judge Friday turned down a plea for a five-week continuance sought by Lonetree’s lawyers to travel to the Soviet Union to interview witnesses.

On Thursday, prosecutors disclosed that U.S. officials have “discussed certain matters” with a man identified as a KGB operative involved in attempts to compromise security of the Moscow embassy.

Talks With ‘Uncle Sasha’

The extent and content of the discussions with the Soviet operative were not divulged by the prosecutors, but Stuhff said they “will show Sgt. Lonetree did not turn over anything of value to the Soviet Union.” Stuhff has asked for access to any statements made by the operative, known as “Uncle Sasha,” who is believed to be in the Soviet Union.

“The NIS has totally failed in its responsibilities. It is now necessary for us to do the investigation,” argued William M. Kunstler, another lawyer representing Lonetree. The judge, in rejecting the request, said the defense has had ample time to interview witnesses.