Prison

Judge DENIES Spy Deal, Wants More Prison Time

Sorry, says Judge Gina M. Groh. Only 17 years in prison is way too light of a sentence for admitted spy Jonathan Toebbe. His wife Diana isn’t getting off on a measly 3 years either. “It’s not in the best interest of this community or, in fact, this country to accept these plea agreements.

Real prison time in this case

On Tuesday, August 16, U.S. District Judge Gina M. Groh annoyed the prosecutor and made the defendants miserable, both at the same time. From her bench in Martinsburg, West Virginia, Groh “rejected plea bargains for a Navy engineer and his wife who allegedly tried to sell military secrets.

The short reason for her decision is because “the prison terms called for by the deals were too lenient for a couple accused of offering U.S. nuclear submarine data to a foreign government.

Jonathan Toebbe, now 43, was expecting to get out of prison before he turns 60. Then, the judge ruined his day. His wife is starting to wonder if the money he tried raking in by selling Navy secrets was worth what she’s in for next.

She should have called the FBI when she first heard of the plot. She thought she could put up with the three years in an orange jumpsuit, which the feds offered her, but Judge Groh has a different prediction for her future.

Jonathan Toebbe worked as a a civilian engineer for the Navy while 46-year-old Diana was a private-school teacher. They lived a quiet life in Annapolis, Maryland until arrested last October. They’ll be living in prison for a long time to come.

The case against them involves a “year-long FBI sting and cloak-and-dagger elements that seemed straight out of a spy novel, including the attempted transfer of confidential submarine data hidden in a peanut butter sandwich.” That kind of intricate detail deserves a special sentence.

Violating the Atomic Energy Act

Lady liberty was defiled by the way the couple brutally violated the Atomic Energy Act. By early this year, federal prosecutors offered plea bargains. “The deals called for Jonathan Toebbe to be sentenced to 12½ to 17½ years in prison, while his wife would get a three-year term.

As soon as they got the word that Judge Groh “threw out the agreements rather than impose the required sentences,” they changed their guilty pleas. Now, the feds are going to be forced into putting on the whole circus. If you’re going to have one of those, you need to bring along all the clowns, jugglers, tightrope walkers and of course the elephants. There’s one of those standing in Judge Groh’s courtroom right now and looking her squarely in the eye.

Groh glares back and hangs tough. “It’s not in the best interest of this community or, in fact, this country to accept these plea agreements. I don’t find any justifiable reason for accepting either one of these plea agreements.” Before she came to that conclusion, she allowed both sides to hammer out the pros and cons for an hour. Everyone involved was happy with the deal except the judge.

Prison

The prison sentence range for Toebbe was “not a slap on the wrist,” his lawyer suggested, “it’s significant punishment.” When Diana’s lawyer picked his jaw back up off the floor he noted, “she’s not why we’re here today. We’re here because her husband had an ill-conceived idea to make money, and she agreed to go along with it.” That’s still conspiracy, the judge reminds, hinting she should do the same time her hubby gets. Maybe take three years off. That makes more sense.

Groh admits she’s being tougher than she is usually on this one and thinks she’s justified to insist on real punishment. It’s also meant to keep others from spying. She wants to hand down a significantly long stretch in prison and the deal won’t let her do it.

In the end,” she notes, “I generally honor plea agreements negotiated by the parties, even when they have binding [sentencing] ranges” that “she does not entirely agree with.” She can’t let this one slide through. “In this case, however, I find the sentencing options available to me to be strikingly deficient.” Whatever she hands down will amount to life for Jonathan Toebbe. He could take his chances on a jury. Prosecutors are ready for trial. Defense attorneys aren’t returning phone calls.

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