A Boston federal court judge is deciding whether the alleged Russian spies, known as Donald Heathfield and Ann Foley, should be allowed to meet in the courthouse to discuss the custody of their children.

A Boston federal court judge is deciding whether the alleged Russian spies, known as Donald Heathfield and Ann Foley, should be allowed to meet in the courthouse to discuss the custody of their children.


The couple appeared briefly this afternoon in federal court, for a bail hearing, with their respective attorneys. They were walked in wearing handcuffs and shackles, in orange and blue prison uniforms.


Heathfield's attorney Peter Krupp, whose client is accused of stealing the identity of a Canadian man, said Heathfield wanted to be referred to as "Donald Heathfield." Foley's attorney Robert Sheketoff said his client wanted to be referred to as "Defendant No. 5."


Defense attorneys asked if the defendants could meet their sons, aged 16 and 20, who were in the courthouse, to discuss custody issues in the lockup downstairs, in the presence of their counsel and the US Marshall, despite a separation order that is in place. The court recessed for a decision to be made at 12:25 p.m.


The hearings have been continued to July 16 at 2 p.m. in the John Joseph Moakley U.S. courthouse in Boston after both defendants agreed to waive their rights to prompt detention and probable cause hearings.


"We have to prove that they are the people who are charged in the documents and arrest warrants," said assistant U.S. attorney John McNeil to reporters outside the courtroom.


Asked if their real identities have ben revealed, whether they are married and if the two children are really theirs, he said, "I can't say."


Marriage certificates for Foley and Heathfield were not found in the Cambridge city records this week.


Today's proceedings took place in Courthouse Room 17, which proved too small to accommodate the media. Some were sent to an overflow room next door. The court is planning to accommodate a larger crowd for the upcoming hearings.


Heathfield and Foley have been charged with conspiracy to act as an unregistered agent of a foreign government and conspiracy to commit money laundering after their arrest in Cambridge on June 27.


Hearings were set for federal courts in New York, Boston and Alexandria, Va., for all but one of the 10 people arrested over the weekend. An 11th suspect is still at large.


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