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Brittney Griner's remaining hope of a return to the U.S. would be if the government could broker a deal with its Russian counterparts, according to a legal expert.
The WNBA star this week lost her appeal in a Moscow court after being arrested for drug smuggling after being found with cannabis oil when entering Russia in February.
The Phoenix Mercury player had traveled to the country to compete in the professional league there during the WNBA off season and said she used the cannabis oil to treat pain from sports injuries.
The Moscow Central Court upheld her original sentence of nine years and she will serve her time in a penal colony.
Carl Tobias, the William Chair in Law at the University of Richmond, Virginia told Newsweek, the basketballer may have a chance of returning home if the U.S. government could pull off a prisoner swap deal.
But he added that Russia's ongoing war with Ukraine would complicate the process.
"Her most promising route to freedom currently seems to be a possible prisoner swap involving Russia, and there have been discussions between the U.S. and Russia about this prospect and they apparently are continuing," Tobias told Newsweek.
He added: "Russia's war with Ukraine makes negotiations regarding Griner more difficult."
Griner looked despondent at Tuesday's appeal hearing where she appeared via a video link from a remand cell.
Her lawyer, Alexander Boykov, read out a statement on behalf of Griner where she told the court bringing the cannabis oil into Russia was an "honest mistake."
"I really hope that the court will adjust this sentence because it has been very, very stressful and very traumatic," she told the court, according to the BBC.
"I was barely over the significant amount [of cannabis oil]… People with more severe crimes have gotten less than what I was given," she added.
One of Griner's other attorneys confirmed the athlete was also hopeful of a prisoner exchange deal.
"Brittney had this hope from the very start when she was detained," Maria Blagovolina told CNN's Wolf Blitzer and confirmed Griner "was very upset when the court hearing ended."
It is unclear what a prisoner exchange deal would entail, but Russian officials said in August that they had spoken with U.S. counterparts in August about a swap that could include Griner and detained former U.S. marine Paul Whelan.
However, the U.S. State Department confirmed it had not been given consular access to Griner since August.
The department on Tuesday slammed the court's decision as "another sham judicial proceeding," while the U.S. embassy in Russia described the decision as a "sad day for the rule of law in Russia."
The Kremlin spoke out for the first time since Tuesday's court ruling, saying any prisoner exchange would have to be negotiated in private.
Kremlin spokesman Dmitry Peskov spoke to reporters on Wednesday but declined to provide any further comment, according to Reuters.
Russian President Vladimir Putin's aide, Yury Ushakov, said earlier in October that Griner's release was not a priority.
National security advisor Jake Sullivan, said earlier this year that the government was going "through every available channel" and making "every effort to bring home Brittney."
Sullivan confirmed convicted arms dealer Viktor Bout had been offered as part of an exchange but Russia declared a two-for-one swap, also involving Whelan, would not suffice.
"Brittney could be home tomorrow if they could agree to one-for-one for Viktor, and then they'd have to find someone else to trade for Whelan. I'm convinced of that now," Bout's lawyer, Steve Zissou, told The Wall Street Journal.
Griner's wife, Cherelle Griner, has spearheaded the #WeAreBG campaign and enlisted the support of high-profile stars such as NBA player Steph Curry and tennis legend Billie Jean King to encourage Russia to release her.
About the writer
Shannon Power is a Greek-Australian reporter, but now calls London home. They have worked as across three continents in print, ... Read more