Accused Matamoras bank robber James Heller carries legal papers in a plastic bag as he is led into court Wednesday. Heller, who is representing himself, was escorted by Eastern Pike Regional Police Officer Daniel Parks and followed by Assistant Chief Eric Stewart. Beth Brelje/Pocono Record
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Handcuffed and representing himself in court, suspected Wachovia Bank robber James Heller fumbled awkwardly Wednesday with legal papers at his preliminary hearing. But he had no trouble citing case law, while explaining why, although he admits taking $8,100 from a Matamoras bank, charges against him should be dismissed.
His reasons? Heller says he asked for the money nicely without a weapon or a hostile tone, so the teller should not have been afraid. The state cannot prove that he did not have permission to take the cash. Nor can the state prove he intended to keep the money, he said.
"There is no evidence that I intended to permanently deprive the bank of the money," Heller said smoothly.
Assistant District Attorney Bruce DeSarro was less than convinced. The court would have to assume something ridiculous to believe Heller intended to bring the money back, DeSarro said.
"He didn't go in and ask for a loan. If he did, we wouldn't be here," DeSarro said.
Heller argued that when questioning bank teller Carol-Ann Buchanan, DeSarro failed to ask if Heller had permission to take the money. Therefore, he reasoned the state could not prove it was really a robbery.
"The Commonwealth is not obligated to ask stupid questions," DeSarro countered. "When you go into a bank and demand money, that is a robbery."
Buchanan testified that Heller walked up to her teller station Jan. 26, put his hand on top of a deposit slip and said, "I'm sorry. This is a robbery. I know you have two drawers. I want it all. Don't push any buttons and be quiet."
Buchanan tried to make eye contact with someone. Heller told her to stop looking. "He kept saying, hurry up you're stalling, you're stalling," she said.
Then, Heller reached across her keyboard, took the money and left in a green Mustang. He later switched to a different car, police said. There was a manhunt and he was taken into custody a few days later, after a car chase by Pennsylvania State Police near Hazleton.
Magisterial District Judge Debi Fischer noted that before hearing testimony from Buchanan, Heller already had a motion to dismiss the case typed out and ready to go.
Fischer found that a crime did happen. Heller's case will next be heard in the Court of Common Pleas.
Heller asked for his $10,000 bail to be dropped and to be released on recognizance. DeSarro asked for bail to be raised to $100,000 and mentioned that Heller has a "horrendous" record of robbery and fleeing from authorities spanning across Pennsylvania. He was living in a halfway house for recently released ex-prisoners when the robbery occurred. Fischer left bail at $10,000.
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