THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Saturday, April 27, 1996               TAG: 9604270341
SECTION: FRONT                    PAGE: A4   EDITION: FINAL 
SOURCE: ASSOCIATED PRESS 
DATELINE: NORFOLK                            LENGTH: Medium:   55 lines

SAILOR AWAITS CHARGES IN SPYING CASE NAVY COULD PURSUE ESPIONAGE CHARGE AS A CAPITAL CASE.

A Navy man accused of trying to sell military secrets to the Russians could spend up to 90 days waiting to hear the charges against him under complicated military legal procedures.

The Navy also could pursue the espionage charge against Kurt G. Lessenthien, an instructor at the Navy's Nuclear Power School in Orlando, Fla., as a capital case, though such a step would be unusual.

``When you look at penalties, you usually consider what the damage was,'' a government official in Washington, speaking on condition of anonymity, said Friday. ``In this case, it doesn't appear that anything got outside of U.S. hands.''

Whether the case is prosecuted with or without a potential death penalty, much of it will be argued behind closed doors because classified material is involved.

``The nature of this case will preclude complete media coverage,'' said Lt. Cmdr. Bob Ross, a Navy spokesman in Norfolk.

Authorities have said Lessenthien, who turned 30 on Thursday, contacted the Russian Embassy in Washington by telephone to indicate he was willing to provide information.

Subsequently, Lessenthien met with an undercover FBI agent posing as a Russian government representative and allegedly turned over classified nuclear submarine information for cash.

Lessenthien, a machinist's mate who has been in the Navy since 1984, has served as a crewman on four submarines, two ballistic missile subs and two attack subs, the Navy said. He served in Norfolk from January 1993 to October 1995 aboard the fast attack submarine Albany.

Lessenthien has been held at the Norfolk Naval Base brig since his arrest Monday. He has met with his military attorney, Lt. John S. Jenkins of the Navy Legal Services Office at the Norfolk base.

Jenkins, contacted Friday, said he could not discuss the case, how his client is holding up or the conditions of his confinement.

Under military detention rules, Lessenthien can be held for up to 90 days before receiving an arraignment, ``as long as the government demonstrates diligence in processing the case,'' Ross said.

Before the arraignment, the Navy will conduct an Article 32 investigation, a step similar to a civilian grand jury proceeding, to determine whether Lessenthien will face court-martial and what the charges will be. No date for the Article 32 probe had been set as of Friday, Ross said.

The Navy does not allow interviews with brig inmates, said Lt. Amy Anderson, a Navy spokeswoman. by CNB