WA: novel bank robbery theory

From the Olympian:

A bank by any other name...
- Judge reduces term for Heritage robber on a technicality

A legal technicality saved a bank robber from a four-year prison term Thursday when a judge ruled that prosecutors hadn’t proven that Heritage Bank is a "financial institution." Judge Paula Casey overruled the jury, which found Scott M. Liden guilty of first-degree robbery during a trial earlier this month...

The ruling outraged the prosecutor, who openly criticized the judge and accused her of "letting a bank robber out in the community."

"I think this is a poor result in this case," Casey said to the courtroom. "There’s no question Mr. Liden robbed a bank. But the state has been put on notice that it needs to show some legal status to prove it’s (the bank) a financial institution. You’ve heard my frustration with the circumstances as well," she said...

Liden’s attorney, Sharonda Amamilo, argued that the law made the "financial institution" definition an element of the crime, which meant it needed to be proven beyond a reasonable doubt. She asked the court to overrule the verdict because prosecutors had not provided any witnesses, such as a bank manager or state official, to testify that Heritage Bank fits the legal definition...

Heritage was founded in 1927 and has its headquarters in Olympia. It’s licensed with the Federal Deposit Insurance Corporation, according to the company’s Web site...

Senior Deputy Prosecutor Joseph Wheeler said he was stunned by the ruling... "This would be calling the jury irrational to say the finding they made that this occurred in a financial institution didn’t happen," Wheeler said... "I’ve talked to other attorneys, prosecutors and defense attorneys, and none of them think this is an issue."