MARTINSBURG – After a hearing lasting more than two hours on Wednesday afternoon, a federal court magistrate took the evening to reflect on the testimony and documents presented before making a final decision on the detention of Diana Toebbe, who allegedly acted as a lookout when her husband gave up classified data from the Navy to whom he believed to be a buyer from another country.
Diana Toebbe, 45, a private school teacher, was denied bail via an order filed by U.S. magistrate Robert Trumble on Thursday afternoon.
Jonathan Toebbe, 42, a nuclear engineer in the US Navy, and Diana Toebbe, both of Annapolis, Md., Are charged with Conspiracy to Release Restricted Data and two counts of Restricted Data Disclosure. For each count, they face a maximum of up to life in prison, a fine of $ 100,000 and five years of supervised release.
Ahead of Diana’s detention hearing on Wednesday, Jonathan Toebbe waived his right to be heard and will therefore remain in the Eastern Regional Prison pending trial.
According to a tentative trial schedule in both cases, a pre-trial will take place on December 9, with jury selection and trial on December 14 before Federal District Court Judge Gina Groh. Additionally, any plea agreements in the case must be filed by November 30.
The factors used under the law during Diana’s detention hearing were: the nature and circumstances of the charges, the weight of the evidence, the individual’s background and the danger to the community.
Under the first prong, the court noted Jonathan Toebbe’s two high-level government authorizations, which allowed him to access information involving or incorporating restricted data.
From April 1, 2020 or around that date to October 9 – the date of their arrests and the execution of a search warrant at their home – the accused Jonathan and Diana Toebbe allegedly “conspired to sell this confidential information to a foreign country with the intention of harming the United States and securing an advantage to a foreign nation. “
According to the testimony of FBI Special Agent Peter Olinits, four dead drops were executed, including one on June 26 in Jefferson County, one on July 21 in Pennsylvania, one on August 27 in East Virginia, and the last on June 9. October in Jefferson County.
Trumble said stills and video surveillance of the dead drops, in which Diana was present for three of the four, showed that she was a willing participant in the activity.
The order also said that messages between the defendants on an encrypted messaging app between March 2019 and October 5, 2020 demonstrated that they were considering activity that could force them to leave the country quickly.
“Specifically, on March 4, 2019, Jonathan Toebbe wrote: ‘I am also thinking of Plan A… it is not morally defensible either. We convinced ourselves it was good, but it really isn’t either, is it? ‘ said the order.
Diana Toebbe wrote in response to Jonathan on the same date: “I have no problem with that. I don’t feel any loyalty to abstractions. “
On March 7, 2019, Jonathan discusses having enough money and passports to flee quickly in a pinch, according to testimony and the order. Diana reportedly replied that she wanted to go “as soon as possible”.
Finally, under the shutter, the court notes that the $ 100,000 in Monero cryptocurrency that was paid to the Toebbes in exchange for the secrets have not been located at this stage of the investigation. Reportedly, the additional 50 packets of restricted data stolen by Jonathan have also not been recovered to date.
Under the weight of the evidence against Diana, the court said he was “strong”.
Trumble said that although Diana does not have a criminal history, “the nature and circumstances of the charges against her and her actions demonstrate that the accused is a danger to every community and to our national security through clear evidence. and convincing.
“Further, the accused is at risk of absconding by a preponderance of evidence and should be detained on these grounds alone.”
Additionally, the court said messages provided in the government file showed Diana’s desire to leave the country as early as March 2019.
“On October 5, 2020, Diana Toebbe wrote to Jonathan Toebbe: ‘I think we need to actively plan our departure from the country,” the order reads.
According to Trumble, evidence seized by the FBI at the Toebbe residence – including a backpack, a computer and a large sum of money concealed in a box – suggests their preparation to leave the country on short notice.
“In addition, the defendants were requesting the renewal of their passports on an accelerated basis when they had not planned a trip before the spring of 2022”, indicates the order.
On Wednesday, the defense argued that the case against her client was based on suspicion, as there was no evidence presented that she ever knew what her husband was doing or what his plans were, claiming he There was no evidence linking her to the letters, no evidence she had access to restricted data and no evidence via wiretapping conversations.
They also argued that electronic surveillance, a third-party custodian and no computer or internet would be enough to keep Diana from running away, according to the order. Her wish would have been to be at home with her two children.
“The court is not convinced,” Trumble said in the order. “No bond condition can be set to reasonably ensure the appearance of the defendant and the safety of the community.”