98-year-old woman loses bid to reverse conviction in 1950 spy case
A 98-year-old woman says she won’t appeal a federal judge’s adverse ruling in her bid to reverse her conviction in a 1950 spy case.
U.S. District Judge Alvin Hellerstein indicated in a bench ruling on Thursday that retired schoolteacher Miriam Moskowitz had not met the high burden required for a writ of error coram nobis, the New York Law Journal (sub. req.) reports.
Moskowitz was convicted along with her boss of conspiring to obstruct justice by lying to a grand jury investigating espionage. Lawyers for Moskowitz had asserted that the conviction was a “miscarriage of justice from the McCarthy era.” They cited new evidence unsealed in 2008 showing inconsistencies in statements by her accuser, who testified Moskowitz was present during a discussion about the story that would be told to the grand jury.
Hellerstein said he would deny the petition because there was no showing that failure to turn over grand jury minutes and FBI reports on the accuser would have changed the outcome of the case, according to the account by the New York Law Journal. A written ruling is expected soon.
Moskowitz served two years in jail and paid a $10,000 fine after her conviction. She was represented pro bono by lawyers from Baker Botts.
Moskowitz told the New York Law Journal she wouldn’t appeal, though she is disappointed by the judge’s decision. “He may not have considered all of the background and cold facts,” she said. “He chose to see it his way and I can’t argue with that.”
