NEW YORK, Aug. 26, 2008

Judge: Release Rosenberg Spy Case Docs

Sealed Grand Jury Testimony In Notorious 1950s Espionage Trial Ordered Open

  • Ethel and Julius Rosenberg (pictured on March 1, 1951) were convicted of conspiracy to commit espionage. Theirs was the first execution of civilians for espionage in U.S. history. But questions about the innocence of one or both of them continue to this day. Photo

    Ethel and Julius Rosenberg (pictured on March 1, 1951) were convicted of conspiracy to commit espionage. Theirs was the first execution of civilians for espionage in U.S. history. But questions about the innocence of one or both of them continue to this day.  (AP (file))

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(CBS/AP)  A federal judge has ordered key secret grand jury testimony released in the 1950s atomic spy trial of Julius and Ethel Rosenberg.

Judge Alvin Hellerstein ruled Tuesday regarding the testimony of several witnesses whose sealed testimony was taken in 1950 and 1951. He cited the needs of historians.

Federal prosecutors had already agreed to release the records of 35 of the 45 witnesses. Hellerstein's rulings mean testimony from all but three witnesses can be public.

The judge gave the government two months to appeal.

Although they proclaimed their innocence and took the Fifth Amendment in court, the Rosenbergs were convicted in March 1951 of conspiracy to commit espionage, in relation to the passing of atomic secrets to the Soviet Union.

Primary evidence against the couple was by David Greenglass (Ethel's brother), a servicemember stationed at Los Alamos nuclear laboratory, and his wife, Ruth. Ruth was granted immunity from prosecution.

The Rosenbergs were executed in 1953.

Their prosecution and alleged guilt was a source of controversy even after their deaths.

In 2001, Greenglass recanted, telling 60 Minutes II that he gave false testimony about his sister at the behest of prosecutors.

Recent court documents revealed that Ruth Greenglass had passed away earlier this year, when requests to open files in the case were held contingent upon the deaths or consent of witnesses.


For more information visit the National Committee To Reopen The Rosenberg Case.

© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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Add a Comment
by voidmaster-2009 August 26, 2008 3:33 PM PDT
More victims of McCarthism? It will be interesting to see. If they were guilty, they should have be imprisoned, not killed.
Reply to this comment
by jmurrieta1 August 26, 2008 4:19 PM PDT
"Hellerstein''s rulings mean testimony from all but three witnesses can be public. "

And why, after 50+ years, is the testimony of these three witnesses still going to be kept secret?

Somebody powerful might be embarrassed?
Reply to this comment
by stupidrules3 August 26, 2008 4:58 PM PDT
I guess the 3 other witnesses will have to die before we find out what they said.
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by inventagod2 August 26, 2008 7:26 PM PDT

It will take at least this long for the truth to emerge about the NeoCon 9/11 attack on the United States...
Reply to this comment
by babooph August 26, 2008 7:50 PM PDT
And the FBI & Homeland insecurity bunch follow & trace ISLAMICS!!!!!!
Reply to this comment
by xmanborg August 27, 2008 3:28 PM PDT
Ethel and Julius Rosenberg

They were executed for being white & pasty and wearing clothes from the Mens Wearhouse and Lane Bryant.
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