Your Honor, for 30987, the defense contests the attempted escaping and the Failure to Obey a Lawful Order. The defense, after conferring with the defendant, have reason to doubt that what Ms. Russel did constituted an attempted escape from custody, and would like to hear more of the specifics through testimony, including Ms. Russel’s, to make a solid determination on if there is any reasonable doubt that Ms. Russel was attempting to escape. The defense would also like to hear the prosecution’s articulation regarding what lawful order Ms. Russel failed to obey that they are referring to in the charge. For this arrest, if Mr. Falcone wishes to move on, and avoid court, there is a simple course of action, and it is a plea deal.
For 31224, the defense would submit to summary judgement, but would like to let the courts know that the defense contests the charge of 1st degree robbery. This ATM certainly isn’t a part of a government facility, the prosecution and defense agree that the ATM is the one in the 24/7 closest to the Vanilla Unicorn. Very clearly an unmarked, 'white label' privately owned ATM. An ATM associated with any bank would be labeled as such, and these private ATMs are very common in gas stations. Your honor, these privately owned ATMs simply serve as a medium for their private owner to extract a fee in return for making a transaction with a bank on their behalf. This type of transaction is something that can be done by any entity, of which the entity can charge a processing fee. Labeling something an ‘institution’ implies a public nature. Banks, certainly institutions, they are insured by the FDIC, they have links to the Federal Reserve, are subject to a vast swathe of public regulations, act as intermediaries for governmental transactions, and are even required to fulfill collateralization for any governmental deposit. Banks are deeply marbled with public policy and public finance, an institution through and through by any measure. These private financial processors are a complete far cry from these banks. They are not subject to even a tenth of these obligations and regulation, and any loss they suffer is their own and their own alone. These banks owned an ATM? It was robbed? Easily 1st degree, they’re public institutions, they own the ATMs, they operate and provide them, they’re being robbed if the ATMs are robbed. These private financial processors? No where near an institution. The only one losing is the private company, its robbery for certain, but definitely of no consequence to the public, and certainly not of a institution. That’s if we even assume these ATMs are owned by a third party, and not simply acting as a medium for the 24/7 itself to be a financial processor. Just because I charge you money to run to a bank and make a deposit or withdrawal for you, it doesn't make me a financial institution.
