 Russo and Ellsberg were charged with espionage, theft, and conspiracy.On May 11, 1973, a federal court judge dismissed all charges against them.Judge William M. Byrne Jr. dismissed the case in May 1973 before it reached a jury, after the office of Ellsberg's psychiatrist had been burglarized and the Federal Bureau of Investigation (FBI) had lost records of what may have been illegally taped telephone conversations.