U.S. May Seek Death Penalty for Nicholson

WASHINGTON —  Federal prosecutors said Friday they intend to place espionage suspect Harold James Nicholson in isolated confinement and may seek the death penalty against the former CIA case officer.

The government raised the possibility of execution in a written brief to U.S. District Judge James C. Cacheris, arguing that Nicholson should not be released on bond. They wrote that “the United States is still reviewing numerous documents” to determine if his case warrants the death penalty.

Spies can be executed only if their leaks lead to the death of a U.S. agent or involve ultra-secret material, such as information about military satellites, war plans or nuclear weapons. U.S. Atty. Helen F. Fahey said shortly after Nicholson’s Nov. 16 arrest that prosecutors had found no evidence of either.

At a hearing in Alexandria, Va., prosecutors also told Cacheris that there is not enough security at the Alexandria jail to monitor Nicholson’s use of telephones and the postal system, meaning it would be possible for him to contact Russian agents while in jail.

“As far as the telephones, we don’t know what he’s done in the Alexandria jail. Nobody does,” said Assistant U.S. Atty. Robert C. Chesnut. “It’s a problem, and we are prepared to move him to a more secure environment.”

The government took its tougher approach to Nicholson during a hearing on the Burke resident’s second unsuccessful attempt to win release on bond.

Nicholson, 46, is accused of selling secrets to the Russians for $180,000. The highest-ranking CIA officer to be charged with spying, he originally was indicted on conspiracy to commit espionage.

He was indicted Thursday on the more serious charge of espionage, after materials seized during his arrest were found to show a direct link to Russian intelligence.