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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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