Originally Posted by
ScottGem
Thank you for explaining. What is your relationship to this person. Was this person represented by counsel?
To convict someone of bank fraud, without a) the testimony of the bank employees (both of them) or b) video evidence of opening the envelope doesn't make sense. I can't believe a prosecutor would prosecute such a case nor a judge or jury convict.
So I suspect there is more to this story then you are telling us or are being told.
Here is what I saw at this trial. This was a Jury trial.
Two banks were involved Bank A&B. Deposit was made at bank A and Bank B said they did not get the deposit. Neither of the banks prosecuted. The State's Atty prosecuted the case, the victim is bank B. States atty subpoenas 2 witnesses. One witness was from bank A and he was an executive from bank A. This executive said that this was brought to his attention. Then the executive was shown the video of person making deposit at ATM. Executive basically confirmed that person was making deposit at his atm. I am not sure why the executive testified instead of the actual person or persons who handled deposit and why no video of deposit envelope or of envelope being opened in front of camera or witnesses who actually handled deposit.
Next witness subpoena was of a police officer of where bank A is located. Police officer also viewed video of the person making deposit and confirmed this was the video. Police officer said he was dispatched to bank A. Police officer did not say that he viewed a video or that he spoke to witnesses who opened the envelope.Justthe video at atm. Again person shown at atm and only thing showing at atm video was persons face. Persons face was not covered no sunglasses no baseball cap nothing. Just a clear picture of persons face. The person at atm is not shown making the deposit. That part was not visible on video. The persons face and the persons hand pushing keys on keypad and you can see where person reaches into his back pocket at least that is what it looks like. The person completes transaction and gets his receipt and comes back immediately because forgot his card and removes card.
This video was the main piece of evidence that states atty used.
Next witness was a bank employee from bank B. Basically what employee from bank B explained was transactions he made(purchases) and I believe said he withdrew $300.00 cash. Next witness was from police officer arresting officer who is from where bank B is located. Officer says he investigated case and he also said that when he called bank to check on defendants account they bank B said he still had a positive balance of around $800.00 (I think that is amount not exact but was $800.00 plus)
I am not sure why the defendant was convicted. What I basically saw on the video that was shown was a person at ATM. The video does not show the person making or not making deposit because that part was not visible on video(when the states atty went to play video he could not. States atty had to go out into the hall and get the arresting police officer to play the video because the computer being used was the police officers personal computer. He was only one who knew how to play video. (USELESS VIDEO)
So video does not show if deposit was or was not made. No witnesses opening envelope no video showing empty envelope.. The public defender did ask(bank executive)where envelope was and I believe bank Executive said it was disposed of. So when I hear that testimony from bank A executive it is obvious that a deposit was made. Just no proof of what was in envelope or if empty envelope because no witnesses opening and no video. If envelope was disposed of then someth was in atm Bin.
I really do not know word for word what happened at trial. I am thinking they are saying no deposit was made and I am thinking that is reason person at atm is shown only in a close up so that person CAN NOT be seen making deposit. Video shows where person made movement to get deposit from back pocket and bend to insert into atm. What is really strange is that a jury of 12 convicted without a reasonable doubt. Something not right. I even saw the arresting police officer come out of where the jurors were deliberating.
The way I see it now is if anyone makes a deposit at atm and deposit is lost or misplaced or even taken. Then that person should be found guilty and convicted.