[MSN] Thieves of rare books and manuscripts from the Transylvania University library could receive additional prison time

[MSN]

Panel: Book thieves deserve more time
By Beth Musgrave
BMUSGRAVE at HERALD-LEADER.COM

Four men currently serving 87-month sentences for stealing rare books and manuscripts from the Transylvania University library could receive additional prison time.

A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled Tuesday that Charles Allen, Eric Borsuk, Warren Lipka and Spencer Reinhard -- all 23 and from Lexington -- should have received more time than the 7 years, 3 months they were given after they pleaded guilty to the theft in April 2005. The four could receive an additional two to four years, the three-judge panel ruled.

Attorneys for the men said they were not sure whether their clients would appeal the decision to the full Sixth Circuit or to the U.S. Supreme Court. Even if the appellate court's decision goes unchallenged, there is a chance that the sentence will remain the same, defense lawyers said.

The appeals court said that U.S. District Judge Jennifer Coffman, when calculating the men's sentences, did not include the cost of all the books that the men tried to steal in one of the most talked-about heists in Lexington criminal history.

On Dec. 17, 2004, the men left the library carrying five objects -- including a first edition of Charles Darwin's Origin of Species, naturalist John James Audubon's Synopsis of the Birds of North America and an illuminated manuscript from the 15th century. But they left behind two books that proved too heavy, and while trying to escape they dropped two others when confronted by a librarian.

When Coffman handed down prison terms for the four friends in 2005, she determined that the men should be sentenced based on the value of the five objects they stole. The value of the objects stolen is one of many factors used to determine the length of sentence. The greater the value of the object stolen, the longer the sentence.

Federal prosecutors appealed Coffman's decision, saying the total amount of what the four intended to steal should have been used when calculating their sentence.

The three-judge appellate court panel agreed. "Just because they did not cross the library threshold with these objects does not mean they had not taken them," the opinion said.

The court said that two volumes of Audubon's Birds of North America and two volumes of Quadrupeds, which contained 150 lithograph plates, were dropped by Lipka and Borsuk in the stairwell and should be counted as objects stolen. The four-volume elephant folios of the Birds of North America series is worth approximately $4.8 million, according to court records.

If the additional items are taken into account, the opinion says, the sentencing guidelines would call for a range of 108 to 135 months in prison -- nine years to 11 years, 3 months -- rather than the 87 to 108 months that Coffman relied on.

However, even if the four men decide not to appeal and the case is sent back to Coffman, there is no guarantee that their sentences would change. The guidelines that are used to calculate sentences are no longer mandatory, which means that Coffman does not have to follow the guidelines if she thinks that a lesser or greater sentence or the current sentence is more appropriate, said Fred Peters, a lawyer for Borsuk.

National news

The story of the four high school friends who hatched a plan to steal such rare and valuable works has received national attention. Most recently, three of the four were interviewed for a December 2007 article in Vanity Fair.

The four began planning the robbery in January 2004, but it wasn't until Dec. 17, 2004, that the heist was committed, court documents say. Lipka, posing as "Walter Beckman," a collector, scheduled an appointment with Transy special collections librarian B.J. Gooch. Later Borsuk joined Lipka in the library, tied up Gooch and used a stun device on her. Allen drove the getaway van.

The three -- who were living in the same home near the University of Kentucky campus -- then took the books to their basement and placed them in a concealed room. "The entrance was disguised to conceal the fact that they had marijuana growing there," the court opinion said.

Police arrested the four in February 2005 after tracing an e-mail the men used to set up appointments with Gooch and with Christie's auction house in New York, where the men later tried to sell the books.

Article allegedly hurt

A lawyer for one of the men said he wondered whether the Vanity Fair article -- in which Lipka, Borsuk and Reinhard expressed little remorse about the crime -- might have influenced the judges' decision.

"I really think that the Vanity Fair article hurt those guys," Peters said, adding that he hoped that judges didn't read the article. Peters said he advised Borsuk not to talk to any reporters until after the appeal was completed. In the article, the three spoke freely about planning the crime and said that their only regret was hurting Gooch.

All but Allen are serving sentences at a federal prison in Ashland. But Peters said that Reinhard and Lipka were being moved soon to other federal prisons, in part because of the Vanity Fair article.

The court also rejected appeals by the four men that argued for a reduced sentence. The men argued that a stun pen used during the theft should not have been considered a dangerous weapon for sentencing purposes. Using a dangerous weapon during such a crime increases the amount of time spent in federal prison.

The court dismissed the argument, saying that Gooch was obviously frightened. The court also rejected two separate arguments by Allen to reduce his sentence.

Patrick Nash, Allen's lawyer, said he has not yet spoken to him and said it was too early to say whether they would appeal the decision. Nash said Allen's decision would not be dependent on what the other three decide. Allen is serving his sentence at the Federal Medical Center.

Adele Burt Brown, who represents Lipka, also said she was not sure whether her client will appeal the decision.

Mike Mazzoli, a lawyer for Reinhard, said he could not comment on the decision.

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