san diego
Transgender bank robber sentenced to 24 years in state prison
Judge: No need to impose life sentence in what is ‘basically a mental health case’
Published Thursday, 25-May-2006 in issue 961
Editor’s note: All references to Robnay Hosaka in the masculine pronoun are directly quoted from sources necessary in the reporting of this story. The Gay & Lesbian Times refers to a person’s identified gender and therefore refers to Hosaka in the feminine.
A judge said he saw no need to impose a life sentence for a transgender bank robber who held up three banks in Hillcrest and North Park and sentenced her to 24 years in state prison on May 18.
Robnay Hosaka, 38, was fined $5,000 and ordered to pay $3,410 to the banks she robbed last year. The probation department recommended Hosaka get a 105-year term because she has been convicted of bank robbery and two burglaries. Hosaka was on parole for bank robbery and living in a halfway house when she robbed the banks. When images of the bank robber were shown on television, Hosaka’s roommates called authorities and identified her.
San Diego Superior Court Judge David Danielsen tried to craft a sentence that would acknowledge her prior and present crimes but not give her a life sentence. He agreed to strike two priors that would have mandated Hosaka get 75 years.
“Mr. Hosaka’s case is not an easy one. It’s filled with a lot more sadness than violence,” said Danielsen. “It’s basically a mental health case … significant depression and [gender] identity issues.
“He’s not a violent or dangerous criminal in that no one has been hurt,” said the judge, adding that several tellers suffered “emotional injury” from being robbed.
“The need to [impose] a life sentence is not there,” concluded Danielsen, noting that Hosaka was ineligible for probation.
Hosaka’s attorney, Robert Ford, sought a lower sentence, citing her gender-identity issues and depression. Ford said Hosaka didn’t need the money, and the robberies were almost like a suicide bid or a cry for help.
Hosaka didn’t say anything in court, but she was interviewed by the probation department, which prepared a report.
“The defendant said because of his transgender status, no one would hire him, but he was not looking as hard as he could for work,” the report said.
“He has found prison more accepting of him being transgender than the general population,” the report said. According to the report, Hosaka added that she found herself “harassed” on the streets.
Hosaka said she would not have robbed the banks had she been working. She also said she knew she would be caught. Hosaka told probation officials she plans to better herself in prison by getting a GED degree and taking vocational classes to learn a skill such as barbering, hairdressing or shoe repair.
Before her Nov. 16 arrest, the FBI dubbed her the “Cat Eye Bandit,” and said the robber was probably taking female hormones. After her arrest, the Sheriff’s Department continued giving Hosaka female-hormone treatment.
Both Deputy District Attorney George Bennett and Hosaka’s lawyer said her attire was not a disguise.
“He didn’t attempt to disguise himself. He looked directly into the camera,” said Ford.
He said no weapon was displayed and the robbery was committed when Hosaka presented a demand note.
“The tellers are trained to be afraid. ‘Give them the money’ is what they’re taught,” said Ford. “Robnay never acted like he had a gun or made an explicit threat. He played upon that [bank] training.”
In January, Ford told a judge he doubted his client was mentally competent to stand trial. A judge appointed two psychologists to evaluate her. Those reports are confidential, but another judge ruled Hosaka was mentally fit to stand trial.
Upon pleading guilty to committing three bank robberies, Hosaka wrote this on a court document: “[I] entered three banks and gave a demand note and took the money from what fearful tellers gave me with the intent to permanently deprive the bank of the money.”
The hold-ups occurred at three Union Bank of California branches in Hillcrest and North Park. The first robbery took place on Oct. 14 at 2927 University Ave. The second occurred on Oct. 19 at 1201 Fifth Ave., and the last robbery took place on Nov. 14 at 3900 Fifth Ave.
Bank robberies used to be tried in federal court, but the sentencing guidelines are less strict than the three-strikes law in state court. Authorities are increasingly turning to state courts to try bank robbers because of the increased penalty.
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