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Spy Suspect Hanssen Pleads Not Guilty


AP

Thursday, May 31, 2001



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ALEXANDRIA, Va. — Former FBI agent Robert Hanssen was escorted amid heavy
security into court on Thursday and pleaded innocent to federal charges of
spying for Moscow, charges that could lead to the death penalty.


Hanssen said "not guilty" when asked how he pleaded to the charges during his
arraignment at U.S. District Court in this Virginia suburb of Washington.
Plans were set for a trial to start Oct. 29.

"We will be filing motions in federal court attacking this indictment," his
attorney, Plato Cacheris, told reporters on the courthouse steps after what
he estimated was a two-minute court session. "We've just set a new modern
record for arraignments," he said.

"That not guilty plea entitles him to a presumption of innocence," Cacheris
said of Hanssen, who wore a green jumpsuit with the word "prisoner" on the
back during the court appearance.

Asked whether the Justice Department would bring in Russians as witnesses,
Cacheris said, "We look forward to any Russians that want to come over and
testify."

In a federal indictment, Hanssen is accused of passing U.S. secrets to Moscow
for 15 years in exchange for $1.4 million in cash and diamonds.

The father of six could face the death penalty on charges that he identified
Soviet agents secretly working for the United States who were subsequently
executed. He also is accused of passing secrets about satellites, early
warning systems, plans for retaliation against large-scale attacks and
communications intelligence. Those charges also carry potential death
sentences.

The arraignment came after lawyers for Hanssen and the government reportedly
failed to negotiate a plea. Lawyers for the veteran FBI agent have said the
discussions stalled because the prosecution insisted the death penalty could
be imposed for several of the 21 counts, refusing to waive that penalty in
exchange for Hanssen's cooperation.

Asked about this Thursday, Cacheris said he wasn't sure the death penalty
would be constitutional in this case.

"Probably not," he told reporters, who thronged to the courthouse to cover
Hanssen's appearance.

Hanssen agreed to waive his rights to a speedy trial, and his lawyers and
prosecutors agreed to ask U.S. District Judge Claude Hilton for the Oct. 29
trial date.

Both sides asked for a jury trial and Cacheris, standing at a podium in front
of the judge, said, "Mr. Hanssen has been advised of his rights and has
signed a document waiving the Speedy Trial Act."

Under that act, the trial would have been set in 70 days. To get the October
date, Hanssen had to sign a waiver.

Prosecutors said they would file motions proposing a schedule of pretrial
filings and discovery, and the judge agreed to review them.

Hanssen was brought into the courtroom several minutes before the proceeding.
The judge shook hands with Hanssen's lawyers and was handed something to
sign. Hanssen chatted with his attorneys and smiled and nodded on several
occasions.

Federal prosecutor Randy Bellows told Hilton he would be submitting motions
for dealing with classified information under the Classified Information
Procedures Act. The law allows a court to decide how classified information
should be handled in a public trial.

Hanssen has been detained at an undisclosed location since his February
arrest at a Virginia park as he allegedly delivered a package for pickup by
his Russian handlers.

In the past, the government has avoided taking espionage cases to trial
because they could air national security secrets. Instead, they have entered
plea bargains in which people accused of spying agreed to tell authorities
details of their activities in exchange for lighter sentences.

Congress resurrected the death penalty for spies in 1994 in response to the
Aldrich Ames case. Ames, a veteran CIA officer accused of spying for more
than eight years for the former Soviet Union, pleaded guilty that year and
was sentenced to life in prison.

The government has not sought the death penalty against a spy since the law
changed. The last spies executed were Julius and Ethel Rosenberg in 1953.



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