Judge Refuses to Dismiss Charges Against Ex-CIA Agent in Arms Case

A federal judge on Friday refused to dismiss criminal charges against a former CIA agent accused of conspiring to ship arms illegally to the Nicaraguan rebels and concealing the covert operation.

U.S. District Judge Aubrey E. Robinson Jr. denied a motion to dismiss the charges against Joseph F. Fernandez, who contended that the congressional testimony he gave under a limited grant of immunity from prosecution was improperly used against him by prosecutors.

But the judge directed independent counsel Lawrence E. Walsh to submit by Sept. 23 detailed documentation to show his evidence against Fernandez was obtained independently of testimony the former CIA agent gave to the House-Senate committees that investigated the Iran-Contra affair.

Accused of Lying to Officials

Fernandez, 51, who operated under the pseudonym Tomas Castillo when he was the CIA station chief in Costa Rica, is accused of conspiring to ship arms to the Nicaraguan rebels in defiance of a congressional ban on such aid. He also is charged with lying to the CIA and the presidential investigating commission headed by former Sen. John Tower (R-Tex.).

The judge also refused to declare unconstitutional a statute that requires defendants to notify the court of any plans to reveal government secrets during a trial.

Defense lawyer Thomas E. Wilson contended at a hearing earlier this week that Fernandez would be entitled to a wealth of CIA documents to defend himself against the charges. But, Wilson said, the requirement that specific notice be given for secrets the defense wants to disclose would unfairly tip prosecutors to defense strategy in the case.