Evening star., 1950-12-06
U. 5. Appeals Court
Reverses Conviction
OF Judith CopIon
BY the Associated Press

has been reversed by a Federal
Court of Appeals. However, the
court declared that her guilt is
plain" and refused to dismiss
the indictment. 1t ordered a new
trial.
The second Circuit Court of Ap-
peals yesterday ordered the new
trial for the comely 29-year -old
Brooklyn resident on grounds that
her arrest without a warrant was
illegal. FBI wiretapping also was
factor in the reversal.
The 21-page decision was writ
ten by Chief Judge Learned Hand
and concurred in by the two other
members of the tribunal, Judges
Jerome N. Frank and Thomas w.
Swan.
Miss Coplon, former Justice De-
partment employe, and Valentin
A. Gubitchev, 33-year-old Russian
engineer and suspended United
Nations employe, were convicted
last March. They were found
guilty of conspiring to transmit
secret defense information.
Each Got Is Years.
Each was sentenced to Is years
In prison. Because of the tense
international situation, Gubitchev
was allowed to return to his ma
tive Russia-"never to return
instead of serving his term. He
relinquished the right of appeal.
His brunette and attractive CO.
defendant-married to one of her
lawyers after her conviction-has
been free in $4,000 bail pending
appeal. She also is appealing a
sentence of 40 months to 10 years
imposed previously on a convic-
tion in Washington of stealing
Government secrets. Yesterdays
reversal here does not affect the
Washington conviction.
The reversal leaves the Justice
Department three choices-appeal
the ruling to the Supreme Court,
bring the case to trial again in
the United States District Court
here, as suggested by the Appeals
Court. or drop the prosecution.
Ruled Out Evidence.
A Justice Department SpokeS-
man in Washington said it would
have no comment on it's future
course until the text of the
opinion had been studied.
The appeals court decision
that the arrest by FBI agents
was illegal because it was made
without a warrant, also ruled
out of evidence the documents
seized from Miss Coplon at the
time.
The court also held that the
Government had failed to prove
that telephone wiretaps-illegal
in Federal Court procedure-did
not lead" to any part of the
evidence on which Miss Coplon
was convicted.
At the trial the prosecution
defended both the warrantless ar
rest and the FBI'S actions in the
investigation. despite its acknowl-
edged wiretapping.
FBI Explained Arrest.
FBI agents testified that the
arrest on March 5, 1949. had to
be made on the spot-and was
legally permissible-because they
feared Miss Coplon was about to
flee the country.
The appeals court, indicating
that the FBI had not backed up
this contention to the judges
satisfaction, said "it is possible
that at another trial there may
be more evidence of the likeli-
hood of escape"
On the wiretap issue, the prose-
cution contended that the FB1
inquiry was touched off by infor-
nation from tipster, and not by
wiretaps. The defense said the
investigation started and the evi-
dence was developed through the
wiretaps.
The appeals court decision
said: "At another trial the prose-
cution may decide to disclose the
= contents of the Wiretaps. and the
examination about the confiden-
tial informant may go far enough
to show that the confidential in
formant was not a Wiretap."
Suggests Broadening Powers.
The court suggested that per-
haps the FBTs power to arrest
without warrant should be
broadened by law in cases in
volving espionage, sabotage and
other crimes against national Sc
curity and defense.
But the court added that such
a broadening of the law is out
side it's power and that it was
expressing no opinion in the
matter.
The defendant-now Mrs. Albert
H. Socolov-would make no COM
ment on the reversal. She ap-
peared pale and nervous as she
and her 29-year old husband left
her lawyers office.
The defense had contended al
the trial that she was in love
with Gubitchev until she learned
he was married, and that their
secret meetings we're not for espio-
mage, but because they feared his
wife might trail them. Miss Cop
Ion did not testify at the New
York trial.