The basketball player was escorted into a cramped court on the outskirts of Moscow by a team of masked SWAT police, underscoring how seriously Russian law enforcement views her case.
One of the experts, Dmitry Gladyshev, testified that checks for cannabis by a state expert on vape cartridges in Griner’s luggage did not meet legal requirements. The hearing adjourned until Thursday.
Last week, Secretary of State Antony Blinken said Washington had made a “substantial proposal” to Moscow for a prisoner exchange involving Griner and Whelan, who is serving a 16-year sentence after being convicted on spy charges. Whelan says he was framed.
Russian officials have said that no deal had been reached. The Foreign Ministry has accused the United States of trying to use public pressure to secure Griner’s release, warning that it will not help her cause. Russian officials have hinted there may be willingness to negotiate a prisoner exchange, but only after her trial is complete.
Elizabeth Rood, deputy chief of mission at the United States Embassy in Moscow, present at the hearing, said embassy staff would continue to support Griner until she arrived safely back in the United State, as well as other Americans jailed in Russia.
Griner earlier pleaded guilty to carrying two vape cartridges containing cannabis oil into the country in mid-February. She was arrested at a time when relations between Washington and Moscow were strained, with President Vladimir Putin preparing to invade Ukraine.
Her lawyers made their case for leniency last week, arguing that she did not intend to break Russian law. Griner testified that she had packed in a hurry and did not know how the vape cartridges ended up in her baggage. The basketball star said she used cannabis to relieve chronic pain from injuries. She said law enforcement officials did not read her legal rights to her before the arrest.
President Biden and Putin opened a channel for negotiations on prisoner exchanges after they met last year, according to Russia’s Foreign Ministry. Former Marine Trevor Reed, convicted of assaulting police, was exchanged in April for Russian pilot Konstantin Yaroshenko, who was serving a 20-year sentence in the United States for drug smuggling.
U.S. and Russian officials have not confirmed media reports that Washington offered to exchange arms dealer Viktor Bout, 55, dubbed the “merchant of death,” for Griner and Whelan. Russia has sought Bout’s release for years, calling his imprisonment “unlawful.” He is serving a 25-year sentence in Illinois for conspiring to kill U.S. nationals and selling weapons to the Revolutionary Armed Forces of Colombia (FARC).
Another American, schoolteacher Marc Fogel, 61, who like Griner was arrested on drug charges after bringing cannabis into the country for treatment of chronic pain, is serving a 14-year sentence in a Russian high-security prison.
Fogel has not been classified by the U.S. State Department as wrongfully detained, meaning he is excluded from negotiations on any exchange. He brought 17 grams of cannabis into the country, while Griner pleaded guilty to importing 0.702 grams. Like Griner, he pleaded guilty, hoping for leniency.
Both were detained at Moscow’s Sheremetyevo International Airport, and Fogel’s trial took place at the same Khimki court on the edge of Moscow, where Griner’s trial reconvened Tuesday.
Fogel’s wife, Jane Fogel, told The Washington Post last week that she hoped her husband could be included in any prisoner swap but worried he would be forgotten.
“There’s a sinking feeling in the pit of my stomach that Marc will be left behind,” Jane Fogel said. One of his sisters, Anne Fogel, called the 14-year jail term an effective death sentence in comments to CNN.
The State Department has not commented on Fogel’s case or why he is not classified as wrongfully detained.
In 2019, Israeli American Naama Issachar was sentenced to seven years in prison after nearly 10 grams of cannabis was found in her backpack during a layover in Moscow as she flew from India to Israel. She was freed when she was Putin pardoned her, after he met her mother, Yaffa Issachar, during a January 2020 trip to Israel marking the 75th anniversary of the liberation of Auschwitz.