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The Government's evidence established that the appellants escaped from
the Arizona State Penitentiary in Florence, Arizona. A Correction
Service officer was abducted by appellant Clary from the traffic control
station just north of the entrance to the prison compound. Clary was
met by the other appellants in the prison parking lot where they
demanded the officer's keys. He was then taken, along with his
automobile, to Tucson, Arizona. There the defendants forced their way
into Mr. and Mrs. Goforth's apartment at gunpoint. The defendants used
the Goforth apartment as a "safe house" to exchange prison garb for
street clothes, and they took Goforth's Volkswagen in place of the
prison guard's auto.
Early the following morning, defendant Clary
kidnapped Marvin Stark from a local bar, again at gunpoint. The
appellants abandoned the Goforth automobile, and ordered Stark to drive
them in his brown Pontiac to New Mexico. The testimony established that
Clary held a gun on Mr. Stark at all times during this trip.
The
appellants, along with their hostage, Mr. Stark, arrived in Albuquerque,
New Mexico. That morning they began driving around town looking for the
bank which would be the least difficult to rob. The appellants decided
upon the Albuquerque Federal Savings and Loan.
In order to fully
develop the bank robbery scheme, time and additional space were
necessary. It was at this point that appellants Clary and Jorgenson
forced their way into Douglas Keeffe's apartment at gunpoint. Mr. Keeffe
was ordered to stay in his apartment while the defendants proceeded to
discuss the details of the bank robbery. The Government produced a floor
plan of the bank written on spiral notebook paper which had been
recovered from Keeffe's apartment. A Federal Bureau of Investigation
Agent identified appellants Clary's and Lamb's fingerprints on this
spiral notebook paper.
Defendants Clary and Lamb robbed the bank
at gunpoint while Jorgenson and Benfield guarded their hostages, Stark
and Keeffe, in the brown Pontiac which was parked nearby. Bank employees
at trial identified appellants Clary and Lamb as the men who robbed the
bank. The bank's surveillance cameras also photographed Clary behind
the teller line while he was taking money from the teller's cash drawer.
After
the robbery, appellants Clary and Lamb returned with Stark and Keeffe
to the apartment. There the money from the bank was divided into equal
parts among the appellants. The Government was also able to produce a
sheet of paper found in Keeffe's apartment computing the four equal
shares from the money which had been stolen. The fingerprints of
appellants Jorgenson and Benfield were identified on this sheet.
That
night the appellants drove to Lakewood, Colorado, with Keeffe and
Stark. They checked into a local motel, keeping Keeffe and Stark under
guard in a room. The next day the appellants departed from Lakewood,
leaving Keeffe and Stark bound and gagged in the motel. The hostages
were able to free themselves and then notified the local authorities.
The defendants were arrested in various parts of the country and brought
back to stand trial in New Mexico.