Whitworth Lawyers Ask Penalty Allowing Parole

SAN FRANCISCO â€”  Lawyers for convicted Soviet spy Jerry A. Whitworth, noting that Whitworth has been debriefed by authorities since his conviction, urged a federal judge Tuesday to sentence Whitworth to a term that would allow him to be paroled one day.

Attorneys James Larson and Tony Tamburello did not recommend a specific term for their client in court documents filed Tuesday, except to say it should not exceed a term of life, which would permit parole in 10 years.

Federal prosecutors are calling for the judge to impose a 150-year sentence, intended to ensure that Whitworth never leaves prison. Whitworth, 47, is scheduled to be sentenced Thursday by U.S. District Judge John P. Vukasin.

Debriefed for 3 Days

The defense memorandum filed Tuesday also reveals that Whitworth, a former Navy radioman, has undergone three days of debriefing by the FBI, the Navy and the National Security Agency since being convicted last month of spying for the Soviet Union for nine years.

Assistant U.S. Atty. Leida Schoggen acknowledged Tuesday that authorities have spoken to Whitworth, but they declined to comment further until he is sentenced.

The defense statement says Whitworth tried as early as 1980 to pull out of espionage but was forced to continue because of repeated but unspecified threats against Whitworth and his wife by John A. Walker Jr., the Soviet master spy who recruited Whitworth. Walker pleaded guilty to espionage last October and was the principal witness against Whitworth.

Considered Less Culpable

The defense also maintained as it did throughout the almost four-month trial that Whitworth is less culpable than Walker, the former chief warrant officer who is expected to be sentenced to life in prison, a term that might allow him eventual parole.

The lawyers for the first time released details of an offer by Whitworth to plead guilty in February, a month before his espionage trial opened.

In a Feb. 21 letter to federal prosecutors, the defense offered to have Whitworth admit to several counts of spying on the condition that he get a sentence of life in prison. The defense also asked that he not be fined, and that no charges be filed against his wife, Brenda Reis. Reis has not been charged.

The Justice Department rejected the offer, saying that Whitworth could plead guilty to the entire 13-count indictment and accept whatever sentence might be meted out. As it turned out, Whitworth was convicted of 12 counts of spying and tax evasion. The tax charges stemmed from his failure to report as income the $332,000 he received from Walker for his espionage work.