Death Penalty Ruled Out in Navy Spy Case
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SAN FRANCISCO — A federal judge ruled “extremely reluctantly” Friday that the death penalty could not be imposed in the case against Jerry Whitworth, the former Navy radioman accused of selling military secrets to the Soviet Union.
Whitworth, 46, of Davis now faces three life terms plus 57 years in jail, if convicted.
U.S. District Judge John P. Vukasin Jr. said “it is distressing that Congress has not seen fit” to enact a capital punishment law for espionage, but since it has not he was bound by U.S. Supreme Court and U.S. 9th Circuit Court of Appeals rulings barring judges from setting their own standards in capital cases.
Death Penalty Sought
Vukasin made his ruling at a hearing held at the request of the Washington Legal Foundation, a conservative public-interest law group that unsuccessfully sought to have the death sentence apply to other members of the accused Navy spy ring--John Walker, the alleged ringleader; his son, Michael, and brother, Arthur.
Arthur Walker was convicted last month of espionage. The other two men have pleaded not guilty.
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