Family of accused spy Paul Whelan 'certain he was entrapped' by Russians

Family members of Paul Whelan, an American held in Russia on charges of spying, said Tuesday that they are convinced he "was entrapped and is not guilty of espionage."

Earlier Tuesday, a Russian judge refused to release Whelan on bail after a brief hearing during which Whelan, 49, was confined to a metal-reinforced cage amid tight security, according to the state-run Tass news agency.

Russia’s Federal Security Service (FSB) said Whelan was on a spy mission when he was detained in a Moscow hotel room Dec. 28. Whelan could face up to 20 years in a Russian prison if convicted of espionage.

"Unfortunately, today's ruling merely confirms that Paul will remain wrongfully detained for many more months," his family said in a statement issued by Whelan's brother, David. "It is clear to our family that only government action will return Paul to his family any time soon."

The statement said Paul Whelan was worried about certain health conditions and his ability to communicate with prison medical staff. Whelan was also concerned about translator support and his ability to present his defense in English, the statement said. 

Whelan's Russian lawyer, Vladimir Zherebenkov, said he "can confirm that at the time of his detention Whelan had some documents containing state secrets, but I cannot go into details." Zherebenkov said it was not clear how Whelan received the documents or whether he was aware he had them.

Zherebenkov told the BBC he has seen no evidence that Whelan is a spy. He said Whelan was in good spirits and determined to prove his innocence.

"He feels well, he has a sense of dignity," Zherebenkov said outside court Tuesday.

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Russia's Rosbalt news service reported that Whelan was in the hotel room when he received a flash drive containing a list of employees of a unit within the Russian Defense Ministry. Minutes later, Russian agents stormed the room and made the arrest, Rosbalt reported.

His family said Whelan was in Moscow for a friend's wedding.

"We have not had any information about a USB drive, what was on it, or how it might have materialized in Paul's possession," the family statement said.

Whelan, a former Marine, was born in Canada but lives in Michigan, where he works as director of global security for auto parts supplier BorgWarner. He holds U.S., British, Canadian and Irish passports. U.S. Ambassador to Russia Jon Huntsman visited him at Moscow’s Lefortovo pretrial detention center Jan. 2.

According to his service record, he joined the Marine Reserves on May 10, 1994, and rose to the rank of staff sergeant. He was convicted in military court January 2008 on several larceny-related charges and was given a bad-conduct discharge.