Richard Leon Wilbern pleaded not guilty to a fatal credit union robbery in 2003 in U.S. District Court in Rochester, N.Y., Friday.
Last September, the FBI and federal prosecutors announced they solved the cold case with DNA evidence taken from the robbery scene on Aug. 12, 2003 at the former Xerox Federal Credit Union branch in Webster, N.Y., which is now the $969 million Xceed Financial Credit Union based in El Segundo, Calif.
Wilbern was arrested and charged with credit union robbery that resulted in the death of Raymond Batzel, who was a member of Xerox FCU. Another member, Joseph Doud, was also shot and injured but survived.
If convicted, Wilbern will face a life in prison sentence. Last month, the U.S. Attorney’s Office decided not to seek the death penalty.
Federal investigators broke the case by collecting DNA samples that Wilbern allegedly left behind on an umbrella at the credit union branch.
However, new court documents filed by Wilbern’s defense attorneys argued that the government’s case appeared to be circumstantial and that the specific DNA testing the feds conducted to charge their client is unreliable.
“The government indicates that its allegations against Mr. Wilbern are based on DNA testing known as High Sensitivity DNA testing performed by the New York City Office of the Chief Medical Examiner,” Wilbern’s defense attorneys wrote. “This type of DNA testing is also known at LCN [“Low Copy Number”] testing. LCN testing, however is unreliable.” The attorneys also said that LCN testing is not generally accepted in the scientific community and has been used only once in a federal criminal trial.
Additionally, defense attorneys pointed out that public statements regarding his arrest indicated Wilbern was identified as the “likely” suspect more than 12 years after the robbery by an unidentified civilian informant.
Last March, the FBI held a press conference with enhanced digital photos of the alleged robber in hopes that new leads would be called in.
It worked.
A person recognized Wilbern in the new photos and contacted the FBI. Coincidentally, from July 2015 to April 2016, Wilbern made five calls to the FBI public access line to report a suspected real estate scam and the impending foreclosure of his property.
The FBI contacted Wilbern who agreed to meet federal investigators to discuss the real estate scheme. Last July, Wilbern was asked by investigators to sign paperwork about the investigation and seal it in an envelope, which he did by licking it.
FBI agents secured the envelope in an evidence bag for DNA testing and comparison at the Medical Examiner’s office in New York City. The DNA taken from the umbrella Wilbern left at the branch matched his DNA on the envelope, according to federal prosecutors.
On the day of the robbery, Wilbern walked into Xerox FCU on the Xerox Corporation campus at 800 Phillips Road in Webster, N.Y. He was wearing a dark blue nylon jacket with the letters “FBI” written in yellow on the back of the jacket, sunglasses and a poorly fitting wig. He was also carrying a large briefcase, a green and gray-colored umbrella and had what appeared to be a United States Marshals badge hanging on a chain around his neck.
Wilbern went into the cubicle of a female employee and told the employee that he was there to conduct a security assessment and to “stage” a robbery. He then removed two firearms from the briefcase: A handgun and sawed-off shotgun. Wilbern also removed a bag and instructed the employee to fill the bag with money from behind the teller counter. The employee complied with the demands.
Shortly after, Wilbern ordered employees and members to lie down on the floor. While doing so, he confronted a members, Raymond Batzel, who had just finished a banking transaction with the teller.
After a brief verbal altercation, Wilbern shot Batzel, which resulted in his death. As Wilbern shot Batzel, a second member, Joseph Doud, entered the credit union and attempted to turn and run back outside after witnessing the shooting. Wilbern shot and wounded Doud in the back as he fled.
Wilbern then returned to the teller counter area and while he held the firearm in the air, he instructed credit union employees to fill the bag with cash. He grabbed the money and fled the credit union leaving behind the umbrella.
Wilbern remains in federal custody. A detention hearing is scheduled in February.
