WASHINGTON — A federal Justice of the Peace decide ordered the continued detention of the spouse of a Navy nuclear engineer on prices she participated in a plot to promote American submarine secrets and techniques to a overseas nation.
In an order confining Diana Toebbe to the custody of U.S. Marshals, Justice of the Peace Decide Robert W. Trumble famous video proof introduced by prosecutors that she was a keen participant in dropping categorised paperwork in a useless drop arrange by undercover F.B.I. brokers and cited textual content messages between her and her husband in 2019 about leaving the nation.
“The load of the proof towards defendant Diana Toebbe is powerful,” the decide wrote in his order, which he signed Thursday.
The Justice of the Peace decide additionally stated that the federal government had not discovered both the total trove of paperwork the Toebbes had been accused of attempting to promote to a overseas authorities or the cash offered to them by undercover F.B.I. brokers.
The Toebbes pleaded not responsible this week to prices that they conspired to promote secrets and techniques of the Navy’s nuclear-powered Virginia-class assault submarines to a overseas nation. In a detention listening to that adopted, Mr. Toebbe didn’t contest the federal government’s efforts to restrict him, however Ms. Toebbe’s attorneys mounted vigorous effort to have her freed earlier than her trial.
Within the courtroom proceedings, prosecutors argued that the Toebbes had been contemplating fleeing the nation for years. Within the order, the decide highlighted encrypted textual content messages discovered on the couple’s telephones after the F.B.I. raid.
“We’ve acquired passports, and a few financial savings. In an actual pinch we are able to flee shortly,” Jonathan Toebbe wrote, on March 7, 2019. Responding on the identical day, Ms. Toebbe wrote: “Proper. Let’s go before later.”
In a listening to this week, Ms Toebbe’s lawyer, Edward B. MacMahon Jr., stated the concept that Diana Toebbe was making ready to flee the nation was rebutted by one clear truth: She and her husband had let their passports expire in February 2020.
Mr. MacMahon argued that with courtroom monitoring, Ms. Toebbe was little menace to flee. Persevering with to detain Ms. Toebbe would threaten her well being, he stated, and her two youngsters wanted the care of a mother or father.
However prosecutors stated that they had not discovered the $100,000 in cryptocurrency that undercover F.B.I. brokers gave the Toebbes whereas they had been gathering proof towards them. Till the cash was discovered, they argued, Ms. Toebbe would have the means to flee.
The decide sided with the prosecutors, saying he was unconvinced by the protection argument that monitoring may guarantee Ms. Toebbe would stay in the US. Decide Trumble wrote in his order that Ms. Toebbe was a flight danger and ought to be detained for that alone.
He famous the 2019 textual content message from Ms. Toebbe to her husband, urging them to make plans to go away the nation.
“Though defendant has no prior prison historical past, the character and circumstances of the costs towards her and her actions show that defendant is a hazard to each neighborhood and to our nationwide safety by clear and convincing proof,” the decide wrote.