Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-10-12
By DONALD HIRZEL
Star Staff Writer

VII SAA~ eASAAAAo bAANS bAACAC "CA z
wholesale violations of his basic
constitutional rights.
The appeal was made before
the Military Court of Appeals,
the Federal civil court which
acts on appeals from decisions
of courts-martial or Armed
Services Boards of Review.
The defendant, Capt. Joseph
P. Kaufman, As, originally of
Vermont, had been found guilty
by a court-martial of espionage,
two counts Of conspiring to
commit espionage, and one
count of failing to report an
attempt to recruit him as a
spy.
Imprisoned on Other Counts
The espionage conviction was
dismissed in January by an Air
Force Board of Review.
Capt. Kaufman is now serv-
ing a 10-year sentence on the
other counts. Defense Attorney
George w. Latimer, former
justice of the Utah Supreme
Bench and former Judge of the
Military Court of Appeals, said
his clients rights were vio-
lated on the following counts:
His home was broken into
and ranSacked on four occa-
sions under cover of darkness
and without warrants by agents
of the OSI seeking evidence.
At the time, the captain had
been assigned temporary duty
at another military base.
Admission Of hearsay evil
dence from his accuser, an
East German Communist de-
fector in the American Gov
ernment's pay.
Use of a courtroom signal
system, arranged by the prose-
cutting attorney to guide this
witness while he was testifying
during the trial.
Eavesdropping on, and tap
ing conversations between Capt
Kaufman and his attorney
while the captain was at a
hospital.
1t. Col. Emanuel Lewis. rep
reSenting the Government, did
not deny that these methods
were used to bring about the
conviction.
Found Notebook
He said that, on a search of
the defendants home in Cali
fornia with a search warrant,
agents found a notebook which
they believed linked the cap
tain with attempts to COM
NIT espionage.
The notebook bore the name
and address of a person in Ber-
lin who was to be an alleged
contact. This was learned by
American agents from one of
the Communist agents who ad-
mitted dealing with Capt.
Kaufman and who detected
to the West.
Col. Lewis argued the tapped
conversations between the cap
tain and his attorney did not
add to the Governments case
because the tape was garbled.
Col. Lewis said there was no
defense against the fact that
the captain did not report to
his superiorS the meetings with |
Communist agents. The meet
ings occurred in 1860 when
Capt. Kaufman took a wrong
train and ended up in East
Berlin. The train was not au-
thorized for American military
personnel and he was taken
into custody by Communist
agents.
Tour During Leave
Capt. Kaufman was taking a
our of Europe while on leave,
after being reassigned to State
side duty from a base in Green
and.
The Communist agents forced
him to sign document stating
his identity and that he had
ust come from an assignment
n Greenland before permitting
hin to return to West Berlin,
t was noted. He also had to
to return to East Ber-
IN.
He complied with the instruc-
ions.
On his fifth visit, the Com
nunist agents demanded that
ne work for the Communists
md that he return to Germany
n 1868 and turn over to them
my information that he had
gathered.
He said he refused and was
released. However, one
# the agents wrote the name
md address of a contact" in
notebook that the captain
vas carrying and it was this
that American agents
aid they found at his home in
California.
Capt. Kaufman said at no g