U.S. Asks Judge to Reconsider Ruling Favorable to Whitworth

SAN FRANCISCO —  A federal prosecutor asked a judge Thursday to reconsider a crucial ruling in favor of accused spy Jerry Whitworth, saying he feared that it created a “significantly greater chance of acquittal.”

Assistant U.S. Atty. William (Buck) Farmer said he would seek an immediate, emergency appeal to the U.S. 9th Circuit Court of Appeals if U.S. District Judge John P. Vukasin does not reverse himself. An appeal would halt the trial until the issue is resolved.

Vukasin had ruled Wednesday that the government must prove that retired Navy radioman Whitworth knew he was passing military secrets specifically to the Soviet Union, rather than simply prove that he knew it was going to some foreign power.

The defense has maintained throughout the trial that Whitworth did not know that the information was going to the Soviets.

Tied to Walker

Whitworth, 46, of Davis, is accused of selling Navy cryptographic code secrets to the Soviet Union through spy John A. Walker between 1974 and 1983 in exchange for $332,000. The government contends that he was part of the most damaging spy organization to operate against the United States in 30 years.

Walker, who has confessed to leading the spy ring, had testified that he recruited Whitworth by telling him that the material would go to Israel, to other U.S. allies or to “Jane’s Fighting Ships” annual review. Walker said he never told Whitworth that the information went to the Soviet Union.

Vukasin indicated that he was unlikely to change his mind, but he agreed to call both sides back to court today after considering the government’s renewed request.

“There is a significantly greater chance of acquittal” for Whitworth if the ruling for the defense is allowed to stand, Farmer said.

Vukasin had ruled that jurors must be instructed based on the wording of the indictment, which specifically cites the Soviet Union as the recipient of the stolen material.