Spy trial delayed again for Spokane couple

The federal trial of a Spokane couple accused of possessing stolen top-secret military documents was postponed again Wednesday at the request of defense attorneys.

Rafael Davila, a former Washington Army National Guard intelligence officer, and his ex-wife, Deborah Cummings, now are scheduled to stand trial Feb. 7.

That trial date is almost two years after the two were arrested by FBI agents.

After spending 10 months in jail, Davila was released from jail in December and ordered to remain in home confinement at a family member’s residence until he stands trial.

Cummings was released under similar circumstances in June after spending 16 months in jail.

Both were in attendance at Wednesday’s hearing.

Davila is charged with stealing secret and top-secret government documents, including military contingency plans, which he had access to while serving as an Army National Guard intelligence officer.

He is accused of removing the highly classified documents from military facilities and taking them to his north Spokane home, where he stored them on his basement steps before moving them to a storage facility.

Cummings, who tipped off military authorities to the documents while estranged from her husband, was subsequently charged with possessing and distributing the secret papers to three anti-government groups.

In a previous interview, Cummings denied distributing the classified documents and said they were shredded by her ex-husband.

U.S. District Court Judge Robert Whaley agreed Wednesday to the delay – at least the fifth since formal charges were filed.

The latest delay was requested when defense attorneys Mark Vovos, representing Davila, and Christian Phelps, representing Cummings, both asked the court for appointment of two national security experts to work with the defendants.

The judge agreed to such appointments, but the individuals selected – like everyone else associated with the case – must undergo protracted top-secret background investigations by the FBI.

Once they obtain those clearances, the defense experts would be able to review various secret FBI and military reports turned over to the defense as part of pre-trial “discovery” to show the basis for the criminal charges.

“This is an unusual case,” Assistant U.S. Attorney Earl Hicks told the court. “I know it’s taken two years.”

Hicks said the prosecution wouldn’t object to the defense request for another postponement.

“This case presents issues for defense counsel which normally aren’t there,” the prosecutor said.

“I have clear confidence there’s no game-playing going on here.”