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from page 25
spy, now in his 18th year as a prison-
er, had inadequate legal representa-
tion during his 1987 sentencing hear-
ing.
Hogan also rejected the demand for
access to the still-secret documents
that were reportedly the reason for
Pollard's life sentence.
Judge Hogan ruled that too much
time had elapsed between Pollard's
sentencing and the appeal to recon-
sider the legal representation ques-
tion, and that Pollard's lawyers did
not make a convincing case that they
needed access to the documents,
including the infamous "Weinberger
Memorandum," which reportedly
lays out the damage Pollard caused to
national security. The memo was
written by then-Defense Secretary
Caspar Weinberger.
In a statement, Pollard's lawyers —
Eliot Lauer and Jacques Semmelman
— said they were "surprised and dis-
appointed" by the ruling, and com-
plained that the judge did not rule on
the "merits of Pollard's motion, which
documents that his life sentence was
the direct result of ineffective assis-
tance of counsel, in violation of his
constitutional rights. Judge Hogan's
ruling did not address the appropri-
ateness of the life sentence, only
Pollard's technical right to raise his
constitutional challenge."
The attorneys promised to appeal
the decision.
Pollard made a rare court appear --
ance Sept. 2 when the case was heard.
Pollard supporters alleged he was
harshly treated during his stay at the
Arlington County (Va.) jail, but fed-
eral prosecutors strongly deny the
charge.
Judge Hogan's decision narrows
options for those who believe Pollard
has served enough time, said Kenneth
Lasson, a University of Baltimore law
professor and consultant to the
defense team. Lasson called the
expected appeal of the decision a
"long shot" and said that efforts to
win presidential commutation "will
be difficult in the face of strong intel-
ligence community opposition."
Among the longstanding opponents
to Pollard's release: Defense Secretary
Donald Rumsfeld and Vice President
Dick Cheney.
The best remaining option, Lasson
said, "may not be in thecourts, but
in the diplomatic arena."
There is growing support for
Pollard's release in Israel, he said, and
it will take an involved and com-
mitted Israeli government to push
the issue seriously with the presi-