[CPProt.net] 11-14 year term urged in Transy book theft

[MSN CPPnet (Ton Cremers)]

11-14 year term urged in Transy book theft
September 9, 2005

DEFENSE GETS DELAY TO WORK ON ARGUMENT FOR LESS TIME

By Sarah Vos And Cassondra Kirby

HERALD-LEADER STAFF WRITERS


One of four men who admitted to stealing rare books from Transylvania's
library should spend 11 to 14 years in prison, according to a recommendation
made to the judge.

Lawyers for two of the others said the prison time recommended for their
clients was similar.

Warren C. Lipka, Eric Borsuk, Spencer Reinhard and Charles Allen II were
supposed to be sentenced today in federal district court in Lexington. The
hearing was postponed until next month to give defense attorneys time to
assemble experts and compose their arguments for shorter sentences.

At issue will be the value of the books stolen and whether the object used
to stun the special collections librarian was a stun gun or a stun pen.

The government is arguing that the stolen books are worth $5.5 million, said
Adele Brown, Lipka's attorney.

But that number includes all four volumes of naturalist John James Audubon's
folios of bird drawings and a three-volume set of mammal drawings.

The men took one volume of the mammal set and two volumes of the bird set
and then dropped the bird folios as they escaped. The government is arguing
that the men intended to take all seven books, Brown said.

Reducing the value of the stolen books, even by a little, could shorten the
men's sentences.

If Brown, for example, proves the books are worth less than $5 million,
Lipka's recommended sentence of at least 111/2 years would be lowered, she
said.

The government hired Sotheby's auction house to appraise the stolen books.
Finding an expert to counter that valuation has been difficult for the
defendants, according to a motion filed by Borsuk's attorney, Fred Peters.

One expert did not want to go up against Sotheby's, Peters said. Others
could not be reached because of summer vacation.

The men's sentences could also be reduced if they can convince the judge
that the weapon used to restrain the librarian was not dangerous. According
to Peters, the men used a stun pen, which delivers fewer electrical volts
than a stun gun.

The men, all 20-year-olds at the time of their arrests, grew up in
Lexington, playing soccer together.

In March they pleaded guilty to charges of robbery, conspiracy and theft of
major artwork. In an unusual move, they admitted to the charges without
reaching an agreement with prosecutors first.

Before the men pleaded guilty, prosecutors had offered Borsuk a sentence of
10 years in prison, Peters said.

In a motion filed last month, Peters said that Borsuk's pre-sentence report
called for prison time of 11 years and 3 months to 14 years.

Pre-sentence reports are prepared by probation and parole investigators,
using the federal guidelines that take into account the value of the items
stolen, for example, and the force used to take them, among other factors.

Prosecutors and defense attorneys may suggest a sentence, but, in general,
judges follow the guidelines, said David Marye, an assistant U.S. attorney
prosecuting the case.

Under the federal statute, the maximum amount each man could receive would
be 75 years plus more than $1 million in fines and three years of supervised
release.

According to court documents and hearings, on Dec. 17, Lipka and Borsuk went
to the Transy special collections library. Once there, they used a stun gun
on a librarian, tied her up and placed a knit cap over her head and eyes so
she couldn't see. Allen drove the getaway car.

Reinhard, who attended Transylvania at the time, did not participate in the
robbery but was in contact by cell phone, prosecutors have said in court.

All four went to New York in late December. According to the indictment,
Lipka and Reinhard took the stolen items to Christie's auction house. A
clerk there became suspicious, and the deal ultimately did not go through.

The stolen works were returned to the library after the men were arrested in
February. Police and federal agents tied them to the crime through an e-mail
account that was used to set up appointments at the library and with
Christie's.


----------------------------------------------------------------------------
----
Reach Sarah Vos at (859)231-3309, 1-800-950-6397, Ext. 3309, or
svos at herald-leader.com.