The only FBI agent ever convicted of espionage walked out of prison with a smile on his face as he was released on $337,000 bond to await a third trial.

After five years behind bars, Richard Miller was released from custody Monday afternoon, said Charles Almanza, supervisor of court operations for the U.S. Marshal's Office.The 52-year-old former Utahn is accused of passing secret U.S. documents to his lover, Soviet emigre Svetlana Ogorodnikov. Mrs. Ogorodnikov and her husband, Nikolay, pleaded guilty in the case and are serving federal prison terms.

Miller's 1985 trial ended with jurors unable to reach a verdict. A second jury convicted him in 1986 and U.S. District Judge David Kenyon sentenced him to two life terms plus 50 years in prison. The 9th U.S. Circuit Court of Appeals reversed that decision in April, ruling that Kenyon erred in allowing lie-detector evidence.

Although Miller declined to meet with reporters after his release, he had issued a statement earlier in the day in anticipation of his being freed.

"I am hopeful that in a fair trial the truth will come out, and I can be vindicated," he said.

"After five years in prisons I need a little time with my family and my lawyers before answering your questions," he added. "I did not betray my country."

Kenyon scheduled Miller's third trial for April 3, 1990.

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