Trying bank robber twice not double jeopardy
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The question revolves around the case of Russell Pease, who is currently serving 93 months in prison after being sentenced by a federal court for an armed robbery of Cumberland Bank at Plaza Shopping Center. Pease, 36, robbed the bank and fled with $14,000 cash.
Even though Pease is serving time for his crime, Potter has plans to prosecute him locally, a move which prompted Pease to go on a hunger strike and drew harsh criticism from his wife, Donna Pease.
“It’s not double jeopardy because the federal and state systems are two separate entities of government,” said Potter. “It’s just that you don’t hear about it that much but it does happen. You can be punished twice for the same crime.”
Potter said there are a number of crimes which fall into two jurisdictions. He said embezzlement from a bank, bank robbery, drug felonies, and any crime which crosses state lines are all cases which can be tried in federal and state court if that’s what prosecutors decide to do.
“Usually if we ask the feds to take a case, we will dismiss it,” said Potter. “But a lot of times the feds do what they want to do and we do what we want to do. The only reason they took this case is because we had everything in place and it was an easy conviction to help with their numbers.”
If Pease is tried and convicted at Warren County Courthouse he will face eight to 12 years for armed robbery. That will not replace the current 93 months he is serving in federal prison. The local sentence could be run consecutively or concurrently to his federal time.
In addition to the above mentioned offenses, Potter also pointed to military crimes as crimes which are commonly tried in two jurisdictions. He said in addition to the military trying to court-martial a soldier, state and or federal prosecutors can also try the soldier again.
Mrs. Pease said she realizes Potter’s decision is legal but says “that’s not justice.” She contends meth-makers and murderers aren’t tried twice for the same crime.
In response, Potter says he doesn’t care what Mrs. Pease thinks. “I’m playing hardball now,” said Potter.