United States v. Hagler, No. 11-2984 (7th Cir. 2012)
Annotate this CaseIn 2000, Townsend’s Pontiac was stolen by means of breaking a window. The car was seen at a bank 15 miles away. Two armed men stepped out, wearing gloves, dark clothes, and masks. The attempted robbery failed; they fled without any money. Later that day, police found Townsend’s Pontiac, containing the masks, gloves, jacket, and sweatshirt. Investigators recovered latent prints; for reasons unknown, the fingerprints were not immediately analyzed. Investigators also recovered a hair from the gloves and a DNA sample from a mask. having a “mixed,” partial profile, with incomplete DNA sequences from two people. The profile was uploaded in 2001 and immediately registered multiple “hits” on unknown individuals. In 2008, Indiana upgraded its equipment to allow for more sensitive testing, retested the hair, and extracted a complete DNA profile. The database hit on Hagler. Police picked him up and collected a fresh DNA sample. Hagler’s DNA matched that on the mask as a “major contributor;” his brother was likely the minor contributor. One recovered print matched Hagler. Hagler and his brother were first indicted for attempted robbery, 18 U.S.C.2 & 2113, in 2009. Hagler was ultimately convicted. The Seventh Circuit affirmed, rejecting an argument that the prosecution was untimely.
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