A 55-year-old resident of Alden -- accused of stealing a flintlock rifle from the Holland Land Office Museum more than a year ago -- had a hard time pleading guilty to possession of stolen property in the 5th degree today.
Between at first not admitting to elements of the crime and not understanding some of the things he was asked by Judge Robert C. Noonan, Frank J. Bieniek almost didn't complete the guilty plea.
Bieniek blamed both the commission of the crime and his inability to focus today on ammonia created by a liver problem.
On Dec. 10, 2010, a witness reported seeing Bieniek take a long gun from the wall of the museum, put it under a trench coat, walk out and drive away.
In court today, Bieniek said, "I didn't realize I took it. I drove around and I was thinking 'something bad happened here,' so I stopped and went and looked in my trunk and I saw the gun.
"When I was stopped, I was on my way back to return it," Bieniek added.
"I was so sick that day," Bieniek told Noonan earlier. "My body was full of ammonia."
When asked about the source of the ammonia, Bieniek said, "My liver."
Later, when questioned about whether he knew at some point that he possessed the gun, and that it was stolen, and that he possessed it with intent to deprive the rightful owner of the property, Bieniek asked Noonan to repeat the question.
"The doctors still say my head (mumble)," Bieniek said. "What was the question again?"
Eventually, with Noonan patiently going through each detail of the indictment and the elements Bieniek was required to admit to, Bieniek did plead guilty.
His plea is unconditional. Sentencing on the misdemeanor offense can range from community service to a year in jail.
Sentencing is scheduled for April 4.
Call me skeptical, I don't
Call me skeptical, I don't want to make light of a potentially real medical condition, but I had to look it up when I read this. High levels of ammonia in the bloodstream can cause confusion. However confusion and a complete change in ones moral compass are two very different things. Confusion would look like...I saw the gun, my confusion led me to believe it was mine so I removed it from the wall and justifiably and openly walked out with it and took it home . On the other hand, theft looks like...I wanted the gun so removed it from the wall, concealed it under my trench coat and took off with it.
Again, I am not making light of a medical condition, but when we start using these conditions to account for complete alterations in ones value systems (i.e. I am an honest and upstanding citizen who went to HLOM merely to admire the antiquities but because of my condition I temporarily abandon my pre-set principles/values and stole something) I think we may be stretching it a bit. If this was some sort of misunderstanding and the gun is back in the HLOM, then treat the situation accordingly, but let's not waste the courts time dragging medical conditions into court to explain nefarious actions.
Oddly enough, a State Senator from San Francisco was just arrested for stealing $2500 worth of clothes from a Nieman Marcus. After her arrest she blamed the "poor judgement" on a benign brain tumor. Interestingly, when the charges were reduced from a felony to a misdemeanor, the condition had been deemed temporary and she no longer is susceptible to bouts of questionable judgement and sees no need to resign her position.
What ever happened to the
What ever happened to the phrase: " The Devil made me do it." ?
watching too many "Law and
watching too many "Law and Order Criminal Intent"
Reading this, and the other 3
Reading this, and the other 3 or 4 court stories before this one, it sounds like our courts are becoming nothing more than, "Let's Make A Deal" with Judge Monte Hall.
I'm sorry, my bladder made me say that......