ATLANTA (AP) - Appeals judges say the government must return
$3,040 to a man acquitted of robbing a Florida bank rather than
applying it to costs of his public defender.
When the FBI arrested Timothy N. Homrighausen in February 2006
after an anonymous tip on the $6,831 stolen in Key West, agents
seized 30 $100 bills and two twenties in his pockets, although
there were no bait bills from the robbery.
Homrighausen had no funds for a lawyer, so a magistrate
appointed a federal public defender. After his acquittal, U.S.
District Judge K. Michael Moore ruled the $3,040 should help pay
The 11th U.S. Circuit Court of Appeals vacated Moore's decision
Thursday, saying the government must return the money or produce
evidence why it should not.