World Pollard Denied Legal options lessening for jailed Israeli spy. MATTHEW E. BERGER Jewish Telegraphic Agency Washington here appear to be few legal options left for Jonathan Pollard. A U.S. federal appeals court rejected the former U.S. Navy intelligence ana- lyst's claim that he had inadequate coun- sel when he was sentenced to life in prison in 1987 for spying for Israel. The court denied his request to downgrade 7 We're a privately owned, secluded and professionally managed club near Orchard Lake and Maple roads. WE'RE IN YOUR BACKYARD! (without all the hassles of actually being there!) SURROUND YOURSELF WITH FRIENDS AND FAMILY IN A SAFE, CLEAN, RELAXING, FAMILY-FR1ENDLY ENVIRONMENT. YOU'LL BEAT THE HEAT BUT YOU CANNOT BEAT OUR PRICES! 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Pollard's attorney, Eliot Lauer, said that another option was to ask the entire appeals court to hear the case. The appeals hearing was the latest in the battle to free Pollard, who was given a life sentence after pleading guilty to spying for Israel as part of a plea bargain that the U.S. government did not respect. Pollard's attorneys and members of the American Jewish community lobbied hard for clemency during the Clinton administration, as well as previous administrations. Israel, which granted Pollard citizenship in 1995, has also raised the issue with successive American administrations. They argued that Pollard's life sen- tence is unjust because he had pleaded guilty and because it is harsher than the . penalties given to convicted spies who had worked for countries antagonistic to the United States. The court said that Pollard's claim of inadequate counsel was untimely because he knew the circumstances of his claim before he filed it in 2000. Motions can be filed up to a year after sentencing or when new facts are discov- ered. "Pollard knew the facts; what he now claims not to have known is the legal significance of these facts," Judge David Sentelle wrote for the court, which was unanimous on the issue. Pollard's attorney, Jacques Semmelman, said in oral arguments that a conflict of interest between Richard Hibey, Pollard's original attorney, and Hamilton Fox III, who filed a motion in 1990 seeking a withdrawal of Pollard's guilty plea, prevented Fox from claiming ineffective counsel. "The conflict of interest is that Mr. Fox could not bring himself to say any- thing negative about Mr. Hibey,” Semmelman said. The new attorneys claim that Hibey was ineffective because he did not appeal after Pollard received a life sentence, even though his client had pleaded guilty and had cooperated with the U.S. government. Pollard's attorneys also want to see 40 pages of a declaration written in 1987 by the then-Secretary of State Caspar Weinberger, which outlines his assess- ment of Pollard's damage to U.S. inter- ests. That declaration is believed to be key to Pollard's long sentence, but the court ruled that federal courts lack juris- diction to review claims for access to documents for clemency purposes. It's unclear when and if Pollard's attor- neys will appeal to the U.S. Supreme Court. The court could hear either or both of the two issues or choose not to review the case, essentially affirming the 'decision. Pollard, who is being held at Butner Prison in North Carolina, is eligible for parole, but his attorneys said he has not sought a parole hearing because it would be hard to argue for parole without the classified information. ❑ 7/28 2005 56