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Statute of limitations did not run out on charging man with attempted bank robbery

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A northern Indiana man’s conviction for attempted bank robbery stands after the 7th Circuit Court of Appeals found the five-year statute of limitations to bring the charge began tolling under an exception involving DNA testing.

William Hagler and his brother Shawn stole a car and attempted to rob a bank in Woodburn, Ind., in 2000. They wore gloves and masks during the attempted robbery. When they discovered they couldn’t open the bank vault, they fled empty handed. Police later found the stolen car with some items the two wore during the robbery and tested them for DNA evidence. At the time, no definitive hits came up.

But when the Indiana State Police upgraded its DNA testing equipment in 2008, it retested the evidence, which led to a hit on Hagler. A print in the car matched Hagler as did a sample taken from a mask in the car. He and his brother were indicted in July 2010 and Hagler was convicted of attempted robbery. His brother's case is still pending.

In United States of America v. William Hagler, 11-2984, the judges focused on an exception outlined in 18 U.S.C. 3297 indicating in cases of DNA testing that implicates an identified person in the commission of a felony, the five-year statute of limitations begins when that testing is performed. Hagler argued that because DNA testing was done sometime in 2002, he had to be indicted by 2007; the government claimed that the clock didn’t start until the 2008 test that specifically identified Hagler. The judges agreed with the government’s argument.

The 7th Circuit found no excessive pretrial delay, as Hagler argued, and that the evidence was sufficient to support his conviction. The bank provided evidence through an FDIC insurance certificate and an employee’s testimony to show it was federally protected at the time of the attempted robbery. In addition, the trial court didn’t abuse its discretion in not granting Hagler’s motion for a new trial based on his claim that DNA testing in 2011 showed inconclusive matches on clothing found in the getaway car.

But Hagler’s fingerprint was found inside the car and his DNA was found inside of it, Judge Michael Kanne wrote, which is powerful evidence against him.  

 

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  • COA
    This is a simple case where the COA states the law means what they want it to mean. If DNA testing was done in 2002 without any conclusive results unti 2008, the case should have been diposed of. People in this country had better wake up and make our law makers accountable. Article l, Sec.19 of the Indiana Constitution states that in all criminal cases whatever the jury shall have the right to determine the law and the facts. This means the jury can overrule any judge, the congress that continues to pass unconstitutional laws and even the supreme court!

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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