News

Jurors don't buy alibi in ATM theft

June 5, 2003

EASTON, Pa. -- Jurors didn't buy a former Exxon gas station manager's alibi that he took money from the station's ATM and put it into the cash register because of concerns over losing his job.

(See related story Former gas station manager has creative alibi for ATM theft)

Eric Hess, 25, was found guilty on June 4 of pocketing more than $100,000 from the ATM between August 1999 and April 2001, according to a report in the Express-Times.

Jurors determined Hess took more than $100,000, which was the largest amount out of a series of ranges presented to the panel. Prosecutors argued Hess that actually took as much as $180,000.

Hess' attorney, Anthony Martino, said Hess was supposed to take funds from the cash register to stock the ATM. Martino said Hess took the money from the ATM and put it back in the cash register because he was under pressure from his supervisor to boost revenues at the store.

Assistant District Attorney Roy A. Manwaring II called the defense "laughable." He pointed out that Hess lied to his employer for months about bogus sales he was ringing up using the ATM funds to make it appear the store was making more money than it was.

"The whole premise of his defense is based on a lie," Manwaring told the jury during his closing argument. "If he lied to his employer for 20 months, why should you believe him?"

Prosecutors said Hess spent $30,000 on jewelry and $9,000 on flowers. Hess' family members testified they asked him to buy jewelry for them to conceal the gift purchases from their spouses. The family members said they reimbursed Hess for the purchases.

Hess said he used his life savings of between $15,000 and $20,000 to buy jewelry for girlfriends. Hess said he saved large amounts of cash by living at home.

Martino told jurors Hess' "foolish" decision to blow his life savings on girlfriends and his unusual practice of keeping his savings in a cash lockbox under his bed should not be held against him. Martino said there was no direct evidence linking Hess to the theft, only circumstances.

The maximum sentence is seven years in prison. Sentencing is set for Aug. 8.