Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-12-20
Soviet Officially
C|aiims|mmunity
For Gubitchev
Ponyushkin Statement
Is Without Precedent,
U. S. Judge Believes
By the Associated Press


in Federal Court today formally
claimed diplomatic immunity for
Valentin Gubitchev, Russian citi-
zen facing trial on spy charges.
Federal Judge Sylvester r.
Ryan, presiding at a pretrial hear
ing for Gubitchev and Judith
Coplon. described the statement as
without precedent in his memory
in criminal procedure.
The statement was read to the
court by Lev S. Tolokonnikov, first
secretary of the Soviet Embassy
in Washington. after Gubitchev's
lawyer had completed his argu-
ment on the immunity claim.
It was signed by Alexander S.
Panyushkin, the Russian Ambas-
sador. When Gubitchev was ar
rested last March. Ambassador
Panyushkin went to the State De-
partment and asked that he be
released on grounds of immunity.
Called Officer of Service.
The document said Gubitchev
sis an officer of the diplomatic
service in the Ministry of Foreign
Affairs of the U. S. S. R. since
April 26, 1916, with the diplomatic
rank of third secretary"
He was sent to work in the
United Nations secretariat with
Soviet permission but held his
diplomatic rank. the Soviet Am
bassador insisted.
Judge Ryan accepted the state
ment as "a communication to the
court Another Federal judge
ruled previously that Gubitchev
does not have immunity. This also
is the view taken by the State
Department and the United Ma
tons.
One Line of Attack.
The immunity claim is one of
several attacks on the espionage
indictment made by the defense in
the pre-trial sessions. Judge Ryan
denied yesterday a motion to dis
miss the conspiracy count of the
indictment.
Miss Coplon. 28-year-old for
mer employe of the Department
of Justice. and Gubitcf1ev. 80. are
scheduled to go on trial Deem
Der II.
They are accused Of espionage
in allegedly attempting to get
Government secrets into Soviet
hands.
Up for argument today were
these issues:
1. A motion by Abraham L..
Pomerantz, counsel for Gubitchev,
that the Russian be adjudged out
side the jurisdiction of the court
on the ground of diplomatic i'm
munity.
Asking for Dismissal.
2. A motion by Mr.. Pomerantz
and by Archibald Palmer, counsel
for Miss Coplon, asking that the
indictment be dismissed on the
ground it is based on allegedly
illegal overlapping. The motion
asks that, if the indictment Is
not dismissed, all evidence based
on overlapping be barred.
Miss Coplon already is under
sentence of 40 months to 10 years
in prison on a conviction of steal
ing Government secrets for the
Russians. She is appealing the
conviction and sentence in her
trial in Washington last summer.
Both she and Gubitchev are
free in bail.
Wants Wiretappers' Names.
Judge Ryan today directed the
Government to produce in court
names of all persons who tapped
and monitored the Washington
telephones Of Miss Coplon at her
Office and residence.
The order was issued after Mr..
Palmer told the court Miss Coplon
had examined transcripts already
supplied by the FBI and had
found them apparently inccm-
plete.
John M. Kelley, jr.. special as
sistant to the United States Attor-
ney General, submitted to the
court names of 80 agents who
took part in tapping of wires at
Miss Coplon's Brooklyn home.
Accompanying the list were af-
f1davits in which the agents gave
their recollections of CONVERSE
lions they heard. The Govern
ment had said previously that the
actual records were destroyed.