Lawyer for Mass. man accused in Russia spy case calls evidence against client ‘extremely thin’

By Denise Lavoie, AP
Thursday, July 1, 2010

Mass. lawyer: Case thin against client in spy case

NEW YORK — The lawyer for one of the suspects charged with operating as Russian spies entrenched in American suburbia told a judge Thursday that the only thing his client has infiltrated are “neighborhoods, cocktail parties and the PTA.”

Nine defendants in the case were making long-shot bids to be released from jail pending trial, even as authorities scoured a Mediterranean island for an alleged co-conspirator who disappeared after he was granted bail.

Donald Heathfield and his wife, Tracey Lee Ann Foley, of Cambridge, Mass., appeared in federal court in Boston on Thursday for a bail hearing. A judge granted a delay until July 16 to give their new lawyers time to prepare.

Heathfield’s lawyer, Peter Krupp, said afterward the evidence revealed so far against his client is “extremely thin.”

As they entered the court in handcuffs and leg shackles, the couple smiled at their sons, a teenager and a college student. The boys waved to their parents.

Hearings also were set for courts in New York and Alexandria, Va., for all but one of the 10 people arrested over the weekend by federal authorities in the United States.

Police searched airports, ports and yacht marinas Thursday to find an 11th person who was arrested in Cyprus but disappeared after a judge there freed him on $32,500 bail. The man, who had gone by the name Christopher Metsos, failed to show up Wednesday for a required meeting with police.

Authorities also examined surveillance video from crossing points on the war-divided island, fearing the suspect might have slipped into the breakaway north, a diplomatic no-man’s-land that’s recognized only by Turkey and has no extradition treaties.

In the U.S., Mikhail Semenko, Michael Zottoli and Patricia Mills, all of Arlington, Va., were set for a hearing before Magistrate Judge Theresa Buchanan in U.S. District Court in Alexandria. Defendants Richard Murphy, Cynthia Murphy, Juan Lazaro and Vicky Pelaez were to go before a judge in New York.

All have been charged with being foreign agents. Officials said the suspects will all eventually be transferred to New York, where the charges were filed.

Not due in court Thursday was Russian beauty Anna Chapman, the alleged spy whose heavy presence on the Internet and New York party scene has made her a tabloid sensation. She was previously ordered held without bail.

Eight of the suspects were accused by prosecutors of being foreign-born, husband-and-wife teams who were supposed to be Americanizing themselves and gradually developing ties to policymaking circles in the U.S.

Most were living under assumed identities, according to the FBI. Their true names and citizenship remain unknown, but several are suspected of being Russians by birth.

Heathfield claimed to be a Canadian but was using a birth certificate of a deceased Canadian boy, agents said in a court filing. His wife, Foley, purported to be from Canada, too, but investigators said they searched a family safe deposit box found photographs taken of her when she was in her 20s that had been developed by a Soviet film company.

Lazaro had said he was born in Uraguay and was a citizen of Peru; he was secretly recorded by the FBI talking about a childhood in Siberia, according to court documents.

Two, Chapman and Semenko, were Russians who didn’t attempt to hide their national origin, FBI agents said, but they had a similar mission: blend in, network and learn what they could.

Britain’s Foreign Secretary William Hague said the U.K. was investigating whether Foley might have used a forged British passport. The British spy agency MI5 also is investigating the extent to which Foley and Chapman had links to London, and will likely seek to find out whether either attempted to recruit British officials as informants.

There is evidence that at least some of the alleged agents had success cultivating contacts in the business, academic and political worlds.

The criminal complaint alleges that either Heathfield or Foley sent messages to Moscow talking about turnover at the CIA that was supposedly “received in private conversation” with a former congressional aide. Other messages described Heathfield establishing contact with a former high ranking U.S. national security official, and with a U.S. researcher who worked on bunker-busting nuclear warheads.

Moscow thanked Cynthia Murphy for having passed along “very useful” information about the global gold market and instructed her to strengthen ties with students and professors at Columbia University’s business school, where she was getting a degree, according to the FBI.

Among other things, the Russians wanted “detailed personal data and character traits w. preliminary conclusions about their potential to be recruited by Service,” according to one intercepted message.

Clare Lopez, senior fellow at the Center for Security Policy and a professor at the Centre for Counterintelligence and Security and a former operations officer for the CIA, said the alleged plotters might have someday been able to produce valuable information, if left in place long enough.

“Their value is not just in acquiring classified information,” she said. “There’s a lot that goes on that’s not simply stealing secrets and sending them back to Moscow.”

Metsos was charged with supplying funds to the other members of the ring.

Cypriot Justice Minister Loucas Louca on Thursday admitted that a judge’s decision to release him on bail “may have been mistaken” and said authorities were examining leads on his possible whereabouts.

“We have some information and we hope that we will arrest him soon,” Louca told reporters, without elaborating.

Cyprus has for decades been a hotbed of espionage intrigue as spies converge on the eastern Mediterranean island at the crossroads of Europe, Africa and Asia.

More recently, former CIA agent Harold Nicholson, in prison for espionage, recruited his 24-year-old son Nathaniel to meet with Russian agents in cities around the world from 2006 to 2008 to collect money owed by his former handlers. One of those cities was the Cypriot capital, Nicosia.

Associated Press writers Denise Lavoie in Boston, Karen Matthews in New York and Menelaos Hadijcostis in Nicosia, Cyprus, contributed to this report.

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