Accused spy for Cuba may cut plea deal
BY TIM JOHNSON
WASHINGTON - Nearly six months after the FBI arrested a senior analyst
at the Defense Intelligence Agency and
charged her with spying for Cuba, her attorneys are in behind-the-scenes
talks with federal prosecutors about her
cooperation.
Those familiar with similar espionage cases say Ana Belen Montes, 45, may
already be sharing information with
prosecutors in hopes of reducing a potentially severe sentence.
Montes' high-profile lawyer, Plato Cacheris, has represented some of the
most prominent spies of recent years,
including FBI mole Robert Hanssen and CIA turncoat Aldrich Ames, both of
whom agreed to cooperate with federal
prosecutors in return for avoiding the death penalty.
Montes, who was marched out of her office in handcuffs on Sept. 21, has
not had a detention hearing before a
federal judge or been indicted. In court motions filed by her attorneys,
she continually waives her right to a
speedy trial.
Five times since early October, prosecutors and Cacheris' firm have requested
that the federal court in
Washington postpone a hearing.
''The government and the defense counsel continue to actively discuss this
case,'' the two sides stated in the latest
motion to postpone, filed last week. A hearing was reset for April 8.
''That's the signal that they are involved in plea negotiations and possible
cooperation,'' said Jon A. Sale, a
defense attorney who is a former chief assistant U.S. attorney in Miami.
In granting the new delay, federal Judge John M. Facciola noted ''both
unusual and complex'' underlying facts in
the case. He did not elaborate.
HIGHEST-LEVEL SPY
At the time of her arrest, Montes, a Puerto Rican who was born in Germany,
was the senior analyst on issues
related to Cuba at the Defense Intelligence Agency, the Pentagon's intelligence-gathering
arm. She is the
highest-level spy ever accused of espionage for Cuba, and her arrest sent
shock waves through the U.S.
intelligence community.
By some accounts, Montes allegedly engaged in espionage for ideological
reasons, rather than for cash. She lived
alone in a modest, walk-up apartment in northwest Washington, driving a
red Toyota to work at Bolling Air Force
Base near the Potomac River.
She had both detractors and admirers of her insight into Cuban affairs.
''On the Cuban military, she was good, boy, she was good,'' said one State
Department official, who asked to
remain anonymous.
Nearly a month after her arrest, authorities put her on a medical alert,
apparently afraid she would commit
suicide, court records show.
Cooperation agreements with accused spies can take time to iron out, experts
say, in part because of overlapping
and conflicting agendas of different government agencies.
The CIA and the DIA want a full accounting of what occurred, the contacts
Montes may have had, information
about Cuba spy tradecraft and operational activities, and complete details
about what she may have revealed to
Havana.
But the intelligence community worries that if Montes goes to trial, her
attorneys would want classified information
made public, perhaps damaging activeintelligence operations.
Already, the Montes court file shows that Cacheris and two other attorneys
in his firm have been cleared to
receive top-secret evidence against Montes. They are blocked from making
the evidence public.
As in many spy cases, no one seems particularly interested in pursuing
the death penalty because it means the
accused spy never gives details of how badly he or she may have damaged
national security.
WHAT'S DOABLE
Cacheris, a former Marine and one-time assistant U.S. prosecutor, did not
return calls made to his Washington
office.
''Someone like Plato would be realistic in what is doable or not doable
in this case,'' said John L. Martin, the former
head of internal security at the Justice Department. ``He would be advising
her -- on prospects of prevailing at
trial.''
If Montes cooperates, she would be debriefed by the FBI, the CIA, the DIA
and any other agency or department
that feels victimized by her actions, experts say.
''You take her back,'' said one expert, who asked not to be identified.
``You go to the beginning and do it in
reverse chronological order.''
Then debriefers would focus on people Montes may have dealt with, then
perhaps focus on subject matter. If they
felt she was lying, they would subject her to a polygraph.
NO FAMILY TIES
In other prominent spy cases, prosecutors held leverage over accused turncoats.
Hanssen and Ames were
married and their families could be threatened with loss of a government
pension, or -- in the case of Ames,
whose wife was compromised as a possible accomplice -- jail time.
Montes is single. Without family to worry about, she could exchange cooperation
for a reduction in sentence and
such issues as where she would serve jail time and what kind of treatment
she might receive for medical or other
concerns, experts said.