United States v. Glidden, Crim. No. 4-81-83.
| Decision Date | 22 December 1981 |
| Docket Number | Crim. No. 4-81-83. |
| Citation | 528 F. Supp. 699 |
| Parties | UNITED STATES of America, Plaintiff, v. Richard Todd GLIDDEN, Defendant. |
| Court | U.S. District Court — District of Minnesota |
James M. Rosenbaum, U. S. Atty., and Deborah Kleinman McNeil, Asst. U. S. Atty., Minneapolis, Minn., for plaintiff.
Scott F. Tilsen, Minneapolis, Minn., for defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND VERDICT
The above-captioned case came on for trial on Monday, November 30, 1981, based on a three-count indictment that was returned by the United States Grand Jury on September 18, 1981. The defendant Todd Richard Glidden was charged in the indictment with robbing two branches of a federally insured savings and loan association and one federally insured bank, in violation of 18 United States Code, § 2113(a).
At trial, the defendant moved the Court for trial without jury. Pursuant to Federal Rules of Criminal Procedure 23(a), a written consent was duly executed by the defendant, his counsel, and the Assistant United States Attorney. The consent was approved and filed with the Court.
After considering all the evidence presented at trial and all the written arguments of counsel submitted in lieu of closing arguments, the Court makes the following findings of fact and conclusions of law.
1. On September 8, 1981, at approximately 12:45 p. m., the defendant Todd Richard Glidden, wearing a red plaid flannel shirt and safety glasses, entered the Twin City Federal Savings and Loan Association, Fridley Office, 5205 Central Avenue Northeast, Fridley, Minnesota, which is located in Anoka County.
2. The defendant walked up to Elizabeth Messelt's teller window, handed her a brown paper bag, and demanded that she "fill it up." Messelt, intimidated by the defendant, took money from her teller drawer and gave it to the defendant.
3. The defendant took from Messelt's presence approximately $1,115 that belonged to, and was in the care, custody, control, management, and possession of Twin City Federal Savings and Loan Association, Fridley Office.
4. The defendant committed this robbery willfully and intentionally.
5. The deposits of the Fridley Office of Twin City Federal Savings and Loan Association, 5205 Central Avenue Northeast, Fridley, Minnesota, were then insured by the Federal Savings and Loan Insurance Corporation.
1. On July 28, 1981, at approximately 2:45 p. m., the defendant Todd Richard Glidden, wearing safety glasses, entered the Twin City Federal Savings and Loan Association, Highland Office, 1601 Randolph Avenue, St. Paul, Minnesota, which is located in Ramsey County.
2. The defendant walked up to Margaret M. Leeper's and Judy Dailey's teller windows, handed each of them a brown paper bag, demanded that each of them "fill it up," and "empty the drawers." Each teller, intimidated by the defendant, took currency from her teller drawer and gave it to the defendant.
3. The defendant took from Leeper's and Dailey's presence approximately $3,266 that belonged to, and was in the care, custody, control, management, and possession of Twin City Federal Savings and Loan Association, Highland Office.
4. The defendant committed this robbery willfully and intentionally.
5. The deposits of the Highland Office of the Twin City Federal Savings and Loan Association, 1601 Randolph Avenue, St. Paul, Minnesota, were then insured by the Federal Savings and Loan Insurance Corporation.
1. On June 23, 1981, at approximately 1:00 p. m., the defendant Todd Richard Glidden entered the Marquette State Bank of Columbia Heights, Fridley Office, 225 Osborne Road, Fridley, Minnesota, which is located in Anoka County.
2. The defendant walked up to Celeste A. Orieux's teller window, handed her a brown paper bag, and demanded cash. Orieux, intimidated by the defendant, took money from a nearby drive-in window drawer, put it in the bag, and handed the bag to the defendant.
3. The defendant took from Orieux's presence approximately $318 that belonged to, and was in the care, custody, control, management, and possession of the Marquette State Bank of Columbia Heights, Fridley Office.
4. The defendant committed this robbery willfully and intentionally.
5. The deposits of the Fridley Office of the Marquette State Bank of Columbia Heights, 225 Osborne Road, Fridley, Minnesota, were then insured by the Federal Deposit Insurance Corporation.
Based upon these findings of fact, the Court makes the following conclusions of law.
1. The Court finds that as to Count I the government has proven beyond a reasonable doubt that on September 8, 1981, Todd Richard Glidden willfully and by intimidation took from the person and presence of Elizabeth Messelt, a teller, about $1,115 in money belonging to, and in the care, custody, control, management, and possession of Twin City Federal Savings and Loan Association, 5205 Central Avenue Northeast, Fridley, Minnesota, the deposits of which were then insured by the Federal Savings and Loan Insurance Corporation, in violation of 18 United States Code § 2113(a).
2. The Court finds that as to Count II the government has proven beyond a reasonable doubt that on July 28, 1981, Todd Richard Glidden willfully and by intimidation took from the persons and presence of Margaret M. Leeper and from Judy Dailey, both tellers, about $3,266 in money belonging to, and in the care, custody, control, management, and possession of Twin City Federal Savings and Loan Association, Highland Branch Office, 1601 Randolph Avenue, St. Paul, Minnesota, the deposits of which were then insured by the Federal Savings and Loan Insurance Corporation, in violation of 18 United States Code § 2113(a).
3. The Court finds that as to Count III the government has proven beyond a reasonable doubt that on June 23, 1981, Todd Richard Glidden willfully and by intimidation took from the person and presence of Celeste A. Orieux, a teller, about $318 in money belonging to, and in the care, custody, control, management, and possession of Marquette State Bank of Columbia Heights, Fridley Office, 225 Osborne Road, Fridley, Minnesota, the deposits of which were then insured by the Federal Deposit Insurance Corporation, in violation of 18 United States Code § 2113(a).
Based upon these conclusions of law, the Court finds the defendant guilty beyond a reasonable doubt as to Counts I, II, and III of the indictment.
Pursuant to the foregoing findings,
IT IS ORDERED that the defendant Todd Richard Glidden report to the United States Probation Office, United States Courthouse, Minneapolis, MN, within ten days of the date of this order for the purpose of assisting the Probation Office of this Court in the preparation of a Presentence Investigation Report.
IT IS FURTHER ORDERED that the defendant may remain at liberty under the same terms and conditions of his present release.
MEMORANDUMIn his proposed findings of fact submitted to the Court subsequent to trial defendant concedes that the government proved beyond a reasonable doubt that he had taken the funds as charged in each of the three counts of the indictment, and that he had done so through intimidation. However, defendant vigorously argues that the government did not adequately prove that the financial institutions involved were federally insured as required by the statute.
Defendant relies on U. S. v. Platenburg, 657 F.2d 797 (5th Cir. 1981) in which the court discusses the tendencies of prosecutors to be careless in the quantum of proof submitted on this element:
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U.S. v. Glidden, 82-1401
...are federally insured. Like the district court, we believe this evidence, "while falling short of the ideal," United States v. Glidden, 528 F.Supp. 699, 702 (D.Minn.1981), was sufficient to support a finding that both institutions were federally insured at the time in question. See United S......