FBI Agent’s Spy Case Goes to Jury

Jurors in the spy trial of Richard W. Miller began deliberating on Friday the fate of the first FBI agent ever charged with espionage after being told by a federal judge that they alone can decide if Miller was seeking to help his country or betray it.

On the critical issue of whether Miller passed a secret FBI document with reason to believe that it would benefit the Soviet Union, U.S. District Judge David V. Kenyon told the jurors that they can consider Miller’s claims that he was actually seeking to become the first FBI agent in history to penetrate the Soviet KGB.

“You must find (in order to convict Miller) that the defendant voluntarily and willfully took, copied and obtained a document with reason to believe that it was to be used either to the injury of the United States or to the advantage of a foreign nation,” Kenyon said.

“If you find that the document was passed, you may consider whether the defendant acted in good faith and reasonably believed that communication or delivery of the document was within the scope of his authorized duties as an FBI agent,” the judge added.

Miller, 48, was arrested Oct. 2, 1984, along with Svetlana and Nikolai Ogorodnikov, and charged with passing a copy of the FBI’s Positive Intelligence Reporting Guide to the Soviet Union in exchange for Svetlana Ogorodnikova’s sexual favors, a promised $50,000 in gold and a $675 trench coat.

Seven Espionage Counts

During the 11-week trial, his defense lawyers maintained that Miller never passed any documents to Ogorodnikova and claimed that he was involved with her only to salvage his FBI career by infiltrating the KGB. U.S. Atty. Robert C. Bonner called the defense “baloney” and urged jurors not to buy Miller’s story.

Miller is charged with seven espionage counts and faces a possible sentence of life in prison if convicted. The first count is that he conspired with the Ogorodnikovs, the next three counts are that he obtained, copied and transmitted the secret FBI document and the remaining three are related bribery charges.

Urging jurors to use their “good sense” in deciding Miller’s motives, the judge told the jury not to consider the importance of the case to the FBI or the U.S. Justice Department.

“Remember that the question before you can never be, ‘Will the government win or lose the case?’ ” Kenyon said. “The government always wins when justice is done, regardless of whether the verdict be guilty or not guilty.”

As Kenyon finished reading 103 pages of jury instructions, he added a warning not to discuss the deliberations with anyone outside the privacy of the jury room, including any of the five special bailiffs sworn in to supervise the jury during its deliberations.

‘Never Discuss the Case’

The judge’s warning came in the wake of allegations of jury tampering by a bailiff in the trial of San Diego Mayor Roger Hedgecock.

“People will become friendly with the bailiff because bailiffs are nice people,” Kenyon said. “But bailiffs are instructed to report anything said to the bailiff. Never, never discuss the case with anyone.” The jury began its deliberations at 2 p.m. Friday, deciding to take a weekend break two hours later, after concluding the initial task of selecting a foreman. Deliberations will resume at 8:30 a.m. Monday.