HONOLULU (KHON2) – A former Nacogdoches resident accused of identity theft and of possibly being a Russian spy, is asking to be released on bail. A legal expert said new information about the alleged KGB uniform presented as evidence may be enough for the judge to grant his request.

The attorney for Walter Primrose makes several arguments for his release. Among them, he said the invisible ink kit found in his Kapolei home, “… is believed to be a toy purchased many years ago for entertainment.”

More importantly he said, the KGB uniform worn by Primrose and his wife Gwynn Morrison in an old photo didn’t belong to them. The prosecutor sent an email to defense attorneys saying the photos of the couple in the uniform, meaning there was only one, was taken in the 90s, and “federal agents were given the alleged uniform.”

In his motion, Primrose’s attorney argued “Mr. Primrose’s lack of ownership and possession of the alleged KGB uniform even more strongly supports the inference that he and his co-defendant, are not, in fact, Russian spies.”

Some legal experts said the defense makes some valid points.

“It also appears that maybe that uniform was given to them for the photograph, so if that’s all true then I think the bail motion is well based,” said Ali Silvert, a retired federal public defender.

Other legal experts said Primrose’s record of posing as someone else for so long and joining the Coast Guard is tough to ignore.

“That’s all very serious and I think it’s a factor that has to be considered when it comes to deciding whether or not the defendants are a flight risk,” said Doug Chin, former state attorney general.

Primrose and Morrison are accused of stealing the identities of two dead infants in Texas, and of using those identities for more than 30 years. Primrose enlisted in the Coast Guard and then worked as a contractor for the Department of Defense, getting secret clearance.

They’re charged with conspiracy, aggravated ID theft, and lying to get passports. They haven’t been charged as spies and Silvert said it doesn’t look like they will be.

“I think that the evidence is extremely weak and unless they have more, which they may, but unless they have more, I think this really negates the issue that they’re spies,” said Silvert.

A judge has scheduled a hearing for Monday, Aug. 22 to decide if Primrose should remain in custody.

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