That Spy Loophole: A Deal or a Goof?

Why did the Government really drop its case in Brooklyn two weeks ago against accused Soviet Spies Aleksandr Sokolov and the woman who called herself Joy Ann Baltch? Was it a deal or a goof? Was the Government really foiled because Defense Lawyer Edward Brodsky invoked what newsmen called a "1795 law" requiring the names and addresses of Government witnesses--thus endangering U.S. secret agents?

Whatever the answers, the law in question was duly invoked last week in behalf of two more accused Soviet spies facing trial in Newark--and the Government duly cooperated. Fact is, the law is hardly a new discovery. Last revised in 1958, it is plain as day in the U.S. Code, Title 18, Section 3432, which reads: "A person charged with treason or other capital offense shall at least three entire days before commencement of trial be furnished with a copy of the indictment and a list of the veniremen, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness."

Most states have similar laws, and the "place of abode" rule is old news to any good criminal lawyer or prosecutor. It stands, in fact, as one of the milestones of English law, which long held that a criminal defendant had no right to know anything about the witnesses to be used against him. In 1708, Britain's Parliament's own fear of royal persecution moved it to make an exception in the case of treason. In 1790, the U.S. Congress enacted a similar statute for treason, and in 1873 extended it to cover all capital offenses.

Every federal defendant has, thus, long been entitled to a list of Government witnesses in order to decide what testimony he must rebut when he is accused of crimes punishable by death--including espionage. Thus, the Sokolov tactic could not have surprised the Government; in fact, the court had approved it a full year before the abortive trial in Brooklyn. Why the Government really dropped the case is yet to be determined.

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