Linked to Filipinos : Ex-Navy Man Found Guilty on 10 Spy Charges

A court-martial jury found retired Navy radioman Michael Allen guilty Friday on 10 espionage counts and sentenced him to eight years in prison for turning over counterintelligence reports to the Philippine government while he worked as a civilian photocopy clerk.

The six-officer military panel also imposed a $10,000 fine on Allen, 54, a native of Ponchatula, La., who retired from the Navy in 1980 and worked as a clerk at the Cubi Point Naval Telecommunications Center near Manila. He faced a maximum punishment of life in prison.

Navy prosecutor Lt. Mark Wagonner, in his closing statement as the eight-day trial ended Wednesday, called Allen a “thieving traitor--nothing more, nothing less,” and accused him of working for the Philippine Constabulatory, a branch of the Pacific nation’s military.

Richard Haver, deputy director of naval intelligence, testified that Allen’s activities may have resulted in the compromising of important Filipino intelligence sources. Much of Haver’s testimony was presented behind closed doors, because of national security concerns.

Defense’s Argument

Richard Seaman, Allen’s defense attorney, argued, however, that there was no evidence that the retired radioman had passed along classified defense information to the Filipinos or manifested any attempt to harm U.S. interests or aid the Philippines. Other witnesses said Allen was a source for the Naval Investigative Service during the 2 1/2 years leading up to his arrest in December, working on more than 100 information-gathering assignments. Seaman insisted, though, that the agency failed to train Allen in counterintelligence techniques or to provide him adequate direction.

He sought, too, to demonstrate that Allen believed he was carrying out his duties when he copied secret documents and removed them from the Navy communications center.

The court-martial panel needed less than a day of deliberations to reach a verdict. The panel found Allen not guilty on 2 of the 12 charges against him.

Under military law, the guilty verdicts will automatically be appealed to the commander of the Pacific naval air forces. Because the case involved national security matters, only Navy Secretary James H. Webb is empowered to reverse the verdict or reduce Allen’s sentence, according to Ens. Ron Cenfetelli, spokesman for the Pacific Naval Air Command.

Court-Martialed Civilian

Though a civilian, Allen was court-martialed under a provision of the Uniform Code of Military Justice that allows military courts to try former servicemen who receive retirement pay. Allen will automatically lose his retirement pay because of the conviction, Cenfetelli said.

Prosecutors contended that Allen’s main reason for turning over secrets to the Filipinos was to promote his business interests, which included a used car dealership, a bar and a cockfighting ring.

Col. Ben Aguilar, chief of the Philippine Constabulary at Olongapo--who allegedly received the bulk of the information siphoned by Allen--refused to testify in the court-martial.

Allen has been jailed at the San Diego Naval Station brig since his arrest, which followed a five-month Navy investigation.