Soviet Spy Recants, Denies Her FBI Lover Gave Secrets : Lawyer for Agent Gets Jail Threat

A Soviet emigre who pleaded guilty to spying with the only FBI agent ever charged with espionage has retracted her confession and said fired agent Richard W. Miller is “not a traitor,” the judge in her former lover’s spy trial revealed today.

U.S. District Judge David Kenyon, reading a transcript of a statement from Svetlana Ogorodnikova, quoted her as saying she was working for the FBI and pleaded guilty to spying last year only because she was afraid she would not be believed by a jury because she is Russian.

“Your honor, we are not guilty of this crime, . . . “ she told the judge. “Richard is not a traitor of his country. I am not a Russian spy. I was helping the government. That is true, your honor. We are not guilty of this crime.”

First Time Story Told

The judge said that in the lengthy statement Ogorodnikova spoke alternately in heavily accented English and through a Russian translator. It was the first time her story had been disclosed; she did not testify in Miller’s first trial or in her own.

In another development, the judge said he was filing a charge against one of Miller’s lawyers, Stanley Greenberg, for attempted obstruction of justice, saying Greenberg tried to influence the selection of a new attorney to represent Ogorodnikova after he heard her statement.

He also said he intended to find Greenberg in direct contempt of court and said he felt that a fine would not be sufficient to punish the attorney.

‘Violation of Ethics’

“I feel it is such a gross violation of all ethics . . . that the only alternative the court would have is a jail sentence,” Kenyon said. “If that is the case, in fairness to Mr. Greenberg he should have the right to fully defend himself.”

He put the matter in abeyance and said Miller’s trial would go forward “as best we can.”

Miller’s trial had been halted Thursday as Kenyon met in his chambers with Ogorodnikova and lawyers in the case. He did not say at the time what caused the delay, only that developments had made it impossible to continue.

Miller, the only FBI agent ever tried on espionage charges, is accused of giving Ogorodnikova classified documents in exchange for promises of $65,000 in gold and cash. A jury deadlock in November forced his retrial.

Both Pleaded Guilty

Ogorodnikova, 35, and her husband, Nikolay, 53, both Soviet emigres, pleaded guilty to espionage charges nearly a year ago and are serving federal prison sentences.

In her emotional statement, Ogorodnikova suggested she was pressured into pleading guilty by her attorneys.

“When I was arrested, I couldn’t understand. They told me I was Russian, and they would give me the life sentence,” she said. “They told me no one would believe me. . . . If I go back to Soviet Union, they will certainly kill me.”

She said she decided her only hope was to take an 18-year sentence and hope she would get out in 10 years. But after she took the witness stand this week, she said, her conscience troubled her.

“I didn’t want someone who is not guilty to be in prison,” she said. She said Miller “lie a lot about me, but it’s not his fault. He is very emotional man.”

However, she said, she was afraid to tell the truth.

“I am Russian. The jury would not believe me. The FBI knew what I was doing.”

She said when she pleaded guilty last June, she looked out in the audience and saw Miller’s son. “When I saw his son, his face, I thought if that be my son, could be in his place . . . I want to tell his son, ‘Your father is not guilty.’ ”