Russian court rejects Griner appeal of her 9-year sentence

Oct 24, 2022, 1:22 PM | Updated: Oct 25, 2022, 6:26 pm
WNBA star and two-time Olympic gold medalist Brittney Griner is seen on the bottom part of a TV scr...

WNBA star and two-time Olympic gold medalist Brittney Griner is seen on the bottom part of a TV screen as she waits to appear in a video link provided by the Russian Federal Penitentiary Service a courtroom prior to a hearing at the Moscow Regional Court in Moscow, Russia, Tuesday, Oct. 25, 2022. A Russian court on Tuesday started hearing American basketball star Brittney Griner's appeal against her nine-year prison sentence for drug possession. (AP Photo/Alexander Zemlianichenko)

(AP Photo/Alexander Zemlianichenko)

MOSCOW (AP) — A Russian court on Tuesday rejected an appeal by U.S. basketball star Brittney Griner of her nine-year prison sentence for drug possession, a step that could move her closer to a possible high-stakes prisoner swap between Moscow and Washington.

The eight-time all-star center with the WNBA’s Phoenix Mercury and a two-time Olympic gold medalist was convicted Aug. 4 after police said they found vape canisters containing cannabis oil in her luggage at Moscow’s Sheremetyevo Airport.

Griner, 32, was not at the Moscow Regional Court hearing but appeared via video link from a penal colony outside the capital where she is held.

At her trial, Griner admitted to having the canisters in her luggage but testified she packed them inadvertently in her haste to make her flight and had no criminal intent. Her defense team presented written statements saying she had been prescribed cannabis to treat chronic pain.

The nine-year sentence was close to the maximum of 10 years, and Griner’s lawyers argued after the conviction that the punishment was excessive. They said in similar cases defendants have received an average sentence of about five years, with about a third of them granted parole.

While upholding the sentence, the court said Griner’s prison time will be recalculated to reflect what she has already served in pre-trial detention. One day in pre-trial detention will be counted as 1 1/2 days in prison, so she still will have to serve about eight years in prison.

Griner’s lawyers Maria Blagovolina and Alexander Boykov said in an email that they were “very disappointed” with the decision because they still believe “the punishment is excessive and contradicts to the existing court practice.”

“Britthey’s biggest fear is that she is not exchanged and will have to serve the whole sentence in Russia,” they said. “She had hopes for today, as each month, each day away from her family and friends matters to her.”

They said they had to discuss with Griner what legal steps they should take next.

Griner’s arrest in February came at a time of heightened tensions between Moscow and Washington, just days before Russia sent troops into Ukraine. At the time, Griner was returning to play for a Russian team during the WNBA’s offseason.

U.S. Secretary of State Antony Blinken called the decision “another failure of justice, compounding the injustice of her detention,” adding that “securing her release is our priority.”

President Joe Biden told reporters that his administration is in “constant contact” with Russian authorities on Griner and other Americans who are detained there. While there has not been progress on bringing her back to the U.S., Biden said, “We’re not stopping.”

Before her conviction, the U.S. State Department declared Griner to be “wrongfully detained” — a charge that Russia has sharply rejected.

U.S. National Security Advisor Jake Sullivan said in a statement that Biden “is willing to go to extraordinary lengths and make tough decisions to bring Americans home.”

WNBA Commissioner Cathy Engelbert said the decision “while unfortunate, was not unexpected. … It is time to bring this case to an end and bring BG home.” The WNBA Players Association said the ruling was “further verification that BG is not just wrongfully detained — she is very clearly a hostage.”

Because of the growing pressure on the Biden administration to do more to bring Griner home, Blinken took the unusual step of revealing in July that Washington had made a “substantial proposal” to get Griner home, along with Paul Whelan, an American serving a 16-year sentence in Russia for espionage.

Blinken didn’t elaborate, but The Associated Press and other news organizations have reported that Washington has offered to exchange Griner and Whelan for Viktor Bout, a Russian arms dealer who is serving a 25-year sentence in the U.S. and once earned the nickname the “merchant of death.”

The White House said it has not yet received a productive response from Russia to the offer.

Russian diplomats have refused to comment on the U.S. proposal and urged Washington to discuss the matter in confidential talks, avoiding public statements. But some Russian officials have said a deal is more likely once appeals have been exhausted.

In September, Biden met with Cherelle Griner, the player’s wife, as well as her agent, Lindsay Colas. Biden also sat down separately with Elizabeth Whelan, Paul Whelan’s sister.

The White House said after the meetings that the president stressed to the families his “continued commitment to working through all available avenues to bring Brittney and Paul home safely.”

The U.S. and Russia carried out a prisoner swap in April. Moscow released U.S. Marines veteran Trevor Reed in exchange for the U.S. releasing a Russian pilot, Konstantin Yaroshenko, who was convicted in a drug trafficking conspiracy.

Moscow also has pushed for the release of other Russians in U.S. custody.

One of them is Alexander Vinnik, who was accused of laundering billions of dollars through an illicit cryptocurrency exchange. Vinnik was arrested in Greece in 2017 and extradited to the U.S. in August.

Vinnik’s French lawyer, Frederic Belot, told Russian newspaper Izvestia last month that his client hoped to be part of a possible swap.

The newspaper speculated that another possible candidate was Roman Seleznev, the son of a Russian lawmaker. He was sentenced in 2017 to 27 years in prison on charges from a hacking and credit card fraud scheme.

AP Basketball Writer Doug Feinberg in New York contributed.

___

Follow AP’s coverage of the Griner case: https://apnews.com/hub/brittney-griner

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Associated Press

UK police chiefs apologize to Hillsborough disaster families

LONDON (AP) — Britain’s police chiefs promised a “cultural change” on Tuesday as they apologized to families of the victims in the 1989 Hillsborough tragedy, the U.K.’s worst sports disaster which saw 97 people killed during a crush of soccer fans at an overcrowded stadium. “For what happened, as a senior policing leader, I profoundly […]
1 day ago
Kansas City Chiefs tight end Travis Kelce celebrates after the NFL AFC Championship playoff footbal...
Associated Press

Brother vs brother: Kelces prepare for Super Bowl showdown

KANSAS CITY, Mo. (AP) — Donna Kelce is going to have to pull out that now-familiar custom jersey — the one with Kansas City Chiefs tight end Travis Kelce’s front stitched to Philadelphia Eagles center Jason Kelce’s back — one more time this season. At least this time, she’ll get to see her boys in […]
1 day ago
Cincinnati Bengals quarterback Joe Burrow (9) walks back to the sidelines during the second half of...
Associated Press

Analysis: NFL wasn’t at its best in conference championships

The NFL didn’t put on its Sunday best for the conference championships. Before the San Francisco 49ers ran out of luck and quarterbacks, they were burned by a fourth-down catch by Philadelphia Eagles wide receiver Devonta Smith that wasn’t even a catch. Although Kyle Shanahan could have thrown a challenge flag, the league’s replay assist […]
1 day ago
Portland Trail Blazers guard Damian Lillard, left, drives to the basket on Atlanta Hawks center Cli...
Associated Press

Lillard scores 42 as Trail Blazers hold off Hawks 129-125

PORTLAND, Ore. (AP) — Damian Lillard scored 42 points, Anfernee Simons hit a tiebreaking 3-pointer with 34 seconds left and the Portland Trail Blazers held off the Atlanta Hawks 129-125 on Monday night. Dejounte Murray had 40 points, eight rebounds and six assists for the Hawks, who played without star point guard Trae Young (ankle). […]
1 day ago
Baylor guard Keyonte George (1) looks for the basket past Texas guard Arterio Morris (2) during the...
Associated Press

Rice, Allen lead No. 10 Texas over No. 11 Baylor 76-71

AUSTIN, Texas (AP) — Sir’Jabari Rice scored 21 points and Timmy Allen added 18 to send No. 10 Texas to a 76-71 win over No. 11 Baylor on Monday night, ending the Bears’ six-game win streak and keeping the Longhorns in a share of first place in the Big 12. Rice made four 3-pointers in […]
1 day ago
Phoenix Suns forward Cameron Johnson, right, drives against Toronto Raptors guard Fred VanVleet, le...
Associated Press

Bridges scores 29, Suns pull away late, beat Raptors 114-106

PHOENIX (AP) — Deandre Ayton had to do a double-take in the final minutes as his Phoenix Suns pulled away for another win. His eyes weren’t playing tricks. That was Mikal Bridges getting big mid-range buckets during crucial possessions in the fourth quarter, not injured All-Star guard Devin Booker. Bridges had one of his best […]
1 day ago
Russian court rejects Griner appeal of her 9-year sentence