GRAND RAPIDS, Minnesota — Court documents reveal that prosecutors are requesting no prison time for a man who has admitted to his role in the theft of an iconic movie collectible from a northern Minnesota museum.
Terry Jon Martin pleaded guilty in October to stealing the ruby slippers worn in The Wizard of Oz from the Judy Garland Museum in Grand Rapids in August of 2005. He admitted in federal court to using a sledgehammer to break through the museum doors and smash a glass case holding the slippers.
Martin told the courtroom that once he found out the slippers weren't actually made of rubies, he got rid of them. He is scheduled to be sentenced later this month.
A presentence investigation report (PSIR) submitted Jan. 4 reveals that prosecutors are recommending no additional prison time for the offense, or that the 76-year-old Martin be sentenced to house arrest because he is dying. The submitted court documents note that the defendant now suffers from chronic COPD, is on oxygen at all times, confined to a wheelchair, and on a number of medications that cause numerous side effects. Prosecutors say he is expected to live less than six months.
"In short, Martin is homebound by his COPD. The parties (prosecutors and Martin's defense team) agree, and the PSIR concurs, that Martin is seriously infirm to a degree that justifies a departure," reads the PSIR. "Given that Martin is already immobilized, the United States recommends no detention or house arrest be imposed."
While recommending no additional prison time, the PSIR offers details of the theft and subsequent actions of Martin that prosecutors say made the heist of the slippers a "serious" crime. They note Martin's previous history involving robbery, theft, burglary and possessing and selling stolen property, and assert that he and others reportedly tried to extort reward money from Grand Rapids police.
Prosecutors say call records tied Martin to those attempting to obtain more money for the return of the slippers than the company that insured them was offering, threatening to continue to conceal the ruby slippers for another ten years or “explore other options.”
"The offense is a serious one," reads the PSIR. "As far as thefts go, Martin’s violation was disgraceful. After all, Martin targeted and stole rare and valuable pieces of Americana with the intent to destroy them and liquidate them for their gemstones. Once Martin realized his error, he transferred the ruby slippers to a fence, presumably recognizing the difficulty of selling well-known artwork."
Despite the seriousness of the offense, prosecutors conclude the PSIR by asserting that Terry Martin's health is simply too fragile to recommend anything other than a time-served sentence.
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