Lawyer for former Marine detained in Russia "was chosen for him," brother says

Judge denies bail for American accused of espionage in Russia

The lawyer for an American man who has been held in Moscow for weeks on suspicion of spying "was chosen for him," the man's brother said.

David Whelan said in a statement Friday that his brother, former U.S. Marine Paul Whelan, met with Stephane Jobin, the Canadian charges d'affaires, at Lefortovo Prison in Moscow on Thursday.

"On this visit, Paul was able to confirm what our family had suspected, which is that his lawyer, Mr. Zherebenkov, was chosen for him," David Whelan said. "We remain in the dark about who made the choice if Paul didn't."

David Whelan also said his brother was concerned he has only seen the lawyer, Vladimir Zherebenkov, twice.

"I have emailed with Olga Karlova, an English-speaking lawyer who has indicated she is now part of the defense team with Mr. Zherebenkov and Mr. Zherebenkov's son, Roman," he said. "They are hoping to make more regular visits, including one next week."

Paul Whelan was detained in Moscow at the end of December while he was there for a wedding, his family has said. On Tuesday, a Russian court rejected his bid for release on bail. His detention was instead extended pending a trial on espionage charges, according to Russia's state-run Interfax news agency. 

Paul Whelan, a former U.S. Marine accused of espionage and arrested in Russia, stands inside a defendants' cage during a hearing at a court in Moscow on January 22, 2019. Mladen Antonov / AFP/Getty Images

Zherebenkov told CBS News' Elizabeth Palmer outside the court that day that Whelan was found at his hotel at the time of his arrest with a flash drive containing Russian "state secrets." He did not, however, explain how Whelan came to be in possession of the information on the drive and said his client was not aware that the Russian government considered the material sensitive.

"I've worked as an investigator for 20 years and if I do have a smoking gun, I will then put my strongest card on the table, to crush the opponent. In this case I don't see any smoking gun," Zherebenkov said after the hearing.

He added that the prosecution doesn't "have strong evidence to back up the charges."

Whelan has worked for a Michigan-based auto parts company since 2017. He is currently its global security director. He had spent 14 years in the U.S. Marine Corps before being discharged in 2008 for bad conduct, according to the military. 

The U.S. State Department and intelligence sources have told CBS News they're confident Whelan is not a spy. His family has also denied all accusations leveled against him.  

Tucker Reals contributed to this report.

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