Cuba while traveling on a Syrian passport. He was flown to Portland<\/a>\u00a0where he was arraigned on the charges. Apart from a brief release in late 2019, Dibee has remained in the county\u2019s jails.<\/p>\nAiken said another reason she was ordering his release was so the case could proceed with Dibee and his attorney, Matt Schindler, working through the many volumes of discovery evidence.<\/p>\n
\u201cThis case is also undoubtedly complex,\u201d Aiken said in her written order. \u201cIt is distinct from many other cases before the Court, given the sheer volume of discovery and complex legal issues involved. Approximately two decades have passed since the alleged criminal conduct, and there are thousands of pages of discovery to be unearthed, reorganized, and reviewed by defendant.\u201d<\/p>\n
Aiken added during Friday\u2019s hearing that she did not believe Dibee was a flight risk.<\/p>\n
\u201cHe has no documents of any kind,\u201d Schindler told OPB. \u201cAll his documents, all of his papers, all of his luggage disappeared after he was arrested [in Cuba]. Maybe the government has it.\u201d<\/p>\n
During Friday\u2019s video hearing, Dibee wore a mask and said he was still short of breath.<\/p>\n
\u201cThe flu symptoms are gone,\u201d he said. \u201cI\u2019m tired and I have a persistent cough. But I haven\u2019t been tested one way or another after my positive test.\u201d<\/p>\n
For weeks, the Multnomah County jail reported no cases of COVID-19. Aiken questioned during Friday\u2019s hearing whether the jail was being truthful with her about its COVID-19 cases.<\/p>\n
Prior to Friday\u2019s hearing, corrections medical staff told the U.S. Marshals Service it had been more than 14 days since Dibee tested positive and believed he could be released from the medical unit to another part of the jail, a representative of the U.S. Marshals told Aiken during the hearing. But Aiken ordered the jail to keep Dibee in the medical unit until he tested negative, and then release him from pre-trial custody.<\/p>\n
\u201cHe\u2019s entitled to that medical care,\u201d Aiken said.<\/p>\n
Dibee will be released to his sister\u2019s home in Seattle and will be subject to GPS monitoring and other supervised release requirements. In 2019, Aiken released Dibee from pre-trial custody, but federal prosecutors appealed to the Ninth Circuit Court of Appeals, which overturned her ruling and order him back to the jail. Prosecutors said Friday they didn\u2019t know if they would appeal this release order.<\/p>\n","protected":false},"excerpt":{"rendered":"
Conrad Wilson OPB.org (Oregon) U.S. District Court Judge Ann Aiken said during a hearing Friday she would release Joseph Dibee from pre-trial custody. Dibee, who is currently housed in Multnomah County\u2019s Inverness Jail, is a federal inmate charged as part of an eco-terrorism conspiracy to destroy government property by arson. Days before Christmas, Dibee tested … <\/p>\n
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<\/a>Days before Christmas, Dibee tested positive for\u00a0COVID-19, which Aiken said was part of her reason<\/a>\u00a0for releasing him. His positive test came after jail staff moved Dibee in mid-December from the jail\u2019s medical facility, where he was staying to recover after surgery to repair his jaw that was injured after he was attacked by another inmate.<\/p>\n