posted May 11, 2006 01:07 PM               

I feel the need to respond... not to argue, but to clarify some information.

First off, the courtroom does not define what is fact from myth. It is not fact that my father stole artifacts. My father has admitted from day one that he mistakenly mixed artifacts up, and an honest mistake doesn't make a person criminal. To steal, someone has to have intent, and again I'll bring up a point. While he did mistakenly sell $60,000 worth of artifacts that weren't his, why does no one care to really digest the fact that far more worth of his personal collection was mistakenly sold the other way, with the Cosmosphere getting that money? A criminal doesn't steal a Ford Taurus and leave his new Lexus behind.

Second, the idea that no one is higher than the President of the museum and he could do whatever he wanted is not accurate as well. My father did have many "bosses", the Board of Directors. They did oversee what my father did, and they had full trust to give him powers to proceed as he felt necessary. It was a good thing they did so, he created the #2 space museum in the world.

And finally, the thought that my father is going to get off easy and not get what he deserves. My father made a simple mistake, one mistake in nearly 30 years, and he has lost his reputation, money, house, savings, life, health, credibility and possibly his freedom. Are you going to honestly tell me that is getting off easy?

posted May 11, 2006 01:42 PM               

quote:

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Originally posted by jarykc:
My father has admitted from day one that he mistakenly mixed artifacts up, and an honest mistake doesn't make a person criminal.

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Perhaps he did volunteer to compensate the collectors who were out artifacts and money but I have not seen him or his lawyers suggest as much. I have not seen any defense offered for how the funds from an insurance claim were directed into his personal account or how under his watch, many artifacts loaned for the movie "Apollo 13" went missing.

As he is someone who many looked up to for his passion and dedication to protecting space history, his mistakes have hit particularly hard; harder than perhaps if they were committed by just a museum staff member or volunteer.

quote:

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But please, allow us the opportunity to get our side out before jumping to conclusions (which we will be able to do after sentencing Monday).

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posted May 11, 2006 02:12 PM               

quote:

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Originally posted by Robert Pearlman:
Please consider this an open invitation and request to interview Max following his sentencing (this request will be submitted through several other channels as well).

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posted May 11, 2006 02:58 PM            

I, too, have talked to numerous people that attended the trial. There were some very valid issues that came up that were never reported in the media. Such things as proof the Cosmosphere altered documents to implicate Ary raises some real questions. I think that is called evidence tampering. The fact the Cosmosphere to this day still can’t prove ownership on many of the items Ary was accused of stealing is fascinating. The way the government appeared to cover this was to throw the burden of proof back on Ary, when legally, it is the government’s burden to prove ownership.

On the other hand, apparently numerous witnesses testified, under oath, that they knew Ary had brought a large personal collection of space artifacts with him to Kansas back in the 70’s to start the Cosmosphere. Some of the witnesses even remember helping unpack them, and using them in early Cosmosphere programming and exhibits. With all of the exhibits, restoration projects, foreign exhibitions, and movie projects the Cosmosphere used to always seem to be involved in for so many years, I can see how artifacts could get mixed up. If Ary had brought his own artifacts in to start the museum, it appears that could be a good reason why things got mixed up. Sure, Ary probably should have been much more careful in how the artifacts were handled and labeled, but that is a human mistake, not something that should have led to federal criminal charges and potential jail time.

There have always been a great number of bewildering questions in the Ary case ever since it first came up. It appeared the government never proved intent. Apparently Ary didn’t need the money. He received a good salary, and had contributed a great deal of money back to the museum over the years. According to news reports, he personally gave bonuses and part of his salary to other employees to assist them. That doesn’t sound like a desperate person that stole and sold artifacts because he needed the money.

I have talked to one of the news media reporters that did attend the entire trial. He, as well as the other reporters in attendance apparently were stunned that Ary was not acquitted based on the evidence presented at the trial. His theory of why he was convicted had to do with the fact this was a very complex trial that was hard to follow. Most of the jury appeared lost and disinterested, and several of them were often seen to be sleeping at critical times.

In my humble opinion, this case is a perfect example of one that needs a new trial. I don’t think justice or the truth made its way out of that courtroom.

posted May 11, 2006 03:24 PM               

quote:

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Originally posted by Gimbal_Lock:
I don’t have a problem with that, but it does show a bias on your part.

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I've made it no secret that I had one of my own items confiscated by NASA in relation to this case. However, I have also tried to make it clear that I greatly respect Max Ary and the museum he created.

posted May 11, 2006 06:02 PM               

You're the most even handed person I've ever met. You go out of your way to be fair to everyone, even when it's painfully frustrating for those of us who have strong opinions.

After reading the federal indictment, I was one of the first people to condemn Max for stealing artifacts and I really wanted to see him raked over the coals.

However, after hearing from people who were in court, it's pretty obvious that there's some backdoor dealings and that Max wasn't the money hungry monster he was made out to be. There isn't an attorney worth his weight in salt who wouldn't be able to win an appeal, especially since it's documented that jury members were sleeping during the trial. Then the tampered records by the museum, the poor record keeping by everyone and the fact that mistakes do happen. This leads to a serious lack of "reasonable doubt".

That being said, Max was stupid. He signed NASM & NASA artifact loan contracts stating that items, on loan to the museum, were on site, when he knowingly sold them at auction. There's plenty of evidence that Max knew he was selling, trading, loaning or taking home artifacts that didn't belong to him. Sure mistakes happen, but not over & over & over.

My major issue has always been the victims, like Robert Pearlman, who had their legally purchased artifacts confiscated by the Gov't without compensation. It's absolutely astounding that I haven't heard one word about the people who lost tens of thousands of dollars in this clusterf&#k.

It's also obvious that the museum has taken grotesque advantage of Max's situation to line their own pockets with artifacts legally belong to Max. They should be ashamed of themselves for kicking Max when he's down and when they know he doesn't have resources to protect his property.

Jeff O., besides being a back stabbing snake in the grass, is now the museum BMOC and he's loving it. He's exerting his newly found power to stomp Max, thereby making himself look like a shining knight to the musuem board of directors. This could have all be averted had Jeff been a man and gone to Max to find out about the missing artifacts. Instead Jeff saw an opportunity to enhance his own standing and ran like a little girl to tell on Max.

I was one of those who wrote a letter to the judge asking that Max be spared prison. Let me ask all of you who want Max put in prison, why??? What is it going to accomplish? Even Max's sworn enemies freely admit that he's no threat to society and I do believe that his good works have a great deal of bearing to show that he should be given his freedom.

Max has lost everything, what more do you want to do to him? Shouldn't we ask that Max be put back to work so he can pay the victims and make restitution for the things that can be proven he stole? Or is it better to incarcerate him at a cost of $30-40k a year while making license plates???

I'd rather see Max back at the OK. museum restoring, protecting and putting together exhibits for generations to enjoy, than to have him sitting in prison costing us money. Max has done more to preserve rare space & historical artifacts than any one individual and without him, our space history would be much, much poorer.

Ray

posted May 15, 2006 09:59 AM               

quote:

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Originally posted by Spacepsycho:
I'd rather see Max back at the OK. museum restoring, protecting and putting together exhibits for generations to enjoy, than to have him sitting in prison costing us money. Max has done more to preserve rare space & historical artifacts than any one individual and without him, our space history would be much, much poorer.

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Very few people will argue that Mr. Ary is a good person, including me, and I don't even know him personally.

We are simply dealing with, in my opinion, a good person that made a major mistake. Good people make mistakes all of the time, but it's rare that carelessness and a lack of documentation gets so out of hand that a jury and a federal courtroom have to intervene and determine what A) happened and B) is going to now have to happen to that good person.

Mr. Ary has suffered a lot. Unfortunately for him and his family, his painful journey isn't over and they have a long road ahead no matter what the sentence.

I'd also like to comment on the back stabbing snake in the grass that you referred to. Mr. Ollenburger is somebody that I've met before, and I happen to like him. I would label his character with words such as honest, dependable and trustworthy. You'd have to search long and hard to find somebody to say a negative word about him if they truly know him. Why do you think Mr. Ary spent years grooming him to take the reins when he left? He obviously saw the same characteristics.

Fast forward to being the new CEO/President of the Cosmosphere while your former boss is the head of another museum. If your former boss isn't a "details man" and had no helpful information on missing artifacts at your museum, wouldn't you go somewhere to get some answers? Mr. Ollenburger did nothing wrong, obviously, so why not go to the authorities? The current Cosmosphere staff wouldn't know how to coordinate a conspiracy if somebody wrote them a step-by-step how-to guide. They have no interest in that, as this entire trial has been a black mark for the Cosmosphere. Nobody wanted this to be public and hurt the Cosmosphere, especially Mr. Ary, since it was what he built from the ground up while grooming the staff to take over when he left. He did a fine job of that, as the Cosmosphere is in good hands. Unfortunately for those hands, they have to deal with Mr. Ary's severe mistakes that he made and overcome slander from Mr. Ary's son and several others on this forum.

To say things like "you'll have to answer to your maker someday" is amazing. Yes, he will, and he'll be in fine shape. His honesty and compassion will see to it. Remember, he took the reins and found this mess. It needed to be cleaned up, and unfortunately for him, he had to be the face in the paper while getting it done. All of this he had to deal with WHILE HE DID NOTHING WRONG AND WOULD HAVE DONE ANYTHING TO AVOID IT. These aren't the actions of a greedy person with vengeance in their heart. These are the actions most of us would take if we were innocent and needed some answers. A choice between moving forward with missing artifacts and evidence of wrongdoing or resolving the mess and getting on with managing a museum is an obvious choice.

posted May 15, 2006 01:29 PM               

I've had the pleasure to deal with both Max and Jeff. I'm certainly not a personal friend of etither, but have had many professional dealings with both, and greatly admire both.

Like most people with an affinity toward Cosmosphere (which I unabashedly have), I'm and many others are very saddened by the events that have happened. Hutchinson and Cosmsophere are somewhat a small family with many long term volunteers, and this has been a family tragedy. Nothing will ever take away from Max's acheivements, and no historical revisionism is taking place by Cosmosphere.

I am very saddened by Max's sentence, and believe it uncessary and counter productive. Society is not being well served. I hope it really doesn't happen and Max is given a chance to make amends, and further work his magic.

I will also say this, while it is natural to try to find someone to blame , Jeff Ollenberger is not your man. I feel I'm in a better positon to say this than many, and am pretty neutral while I'v watched this. Again, Jeff is not the bad guy, so I wish all would lay off him.

posted May 15, 2006 02:23 PM            

quote:

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Originally posted by Kansas.Rocket:
...WHILE HE DID NOTHING WRONG AND WOULD HAVE DONE ANYTHING TO AVOID IT. These aren't the actions of a greedy person with vengeance in their heart.

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posted May 15, 2006 02:42 PM               

quote:

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Originally posted by Gimbal_Lock:
In addition, much of the bad press the Cosmosphere and Mr. Ollenburger has received could have been avoided if he would have spoken to Max about this first and kept it internal. In my opinion Mr. Ollenburger's actions speak volume's on who or what he feels is most important to him, his own well being and reputation and not that of his mentor or the organizaion he represents now.

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posted May 15, 2006 02:50 PM               

quote:

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Originally posted by Gimbal_Lock:
A greedy person or a person with a vengeance would have acted as he did.

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Max Ary groomed Jeff Ollenburger as his successor. That alone should indicate that Jeff is an intelligent individual. He must have known from the start that any public investigation or court case would bring negative press to the Cosmosphere (which it has). Further, he had to be aware that there were still friends of Ary's on the Cosmosphere's board of directors; angering them could be professional suicide.

Regardless of who was at fault, NASA artifacts were discovered missing, then sold and at least one ultimately destroyed. NASA would have to be informed at some point and they in turn would contact the FBI and US Department of Justice. There is absolutely no escaping the judicial system in this case.

Now, consider NASA's reaction if they were to learn that the Cosmosphere alerted their lead suspect in this case before informing the agency. Or worse, that the Cosmosphere tried to arrange a solution privately and quietly when it was NASA property that was at risk.

While it might have been the "nice" thing to do to first contact Ary, doing so could have led to even further damage to the museum. Ollenburger's first and foremost priority was to the Cosmosphere and its stakeholders. To delay contacting the authorities would have been professionally irresponsible.

posted May 15, 2006 03:59 PM               

We'll be thinking of you every day.

posted May 15, 2006 06:22 PM               

Max, you and your family are in our prayers and will continue to be for the next three years!! Hang in there my friend and be strong.

posted May 15, 2006 09:32 PM            

I have visited the Cosmosphere many times over the years and have always enjoyed what Max put together in the middle of no place, I won't return nor will I renew my membership.

posted May 15, 2006 10:51 PM               

I believe that if there is concrete evidence, then guilty. I think justice was done. Does Max Ary deserve three years? Definately not. Should he repay all the earnings? Yes. Should he serve some time (say, a few months)? Sure. Did Jeff O. do the right thing? Of course he did. He did what a professional and responsible leader would and should do.

I love the Cosmosphere and I will continue to love and visit it. I thank Max Ary for that beautiful place and all the positive things he has done. People make mistakes and unfortunately some people pay a harder price than others. You have to learn from them somehow.

posted May 16, 2006 08:50 AM               

quote:

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Originally posted by mjanovec:
I assume the case will be appealed. What is the likelihood Max will have to serve the time?

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quote:

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An appeal is likely, but no decision has been made, said attorney Erin Thompson, part of Ary's Wichita-based legal team headed by Lee Thompson.

If Ary appeals, his attorneys also can request that he remain free pending the appeal.

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posted May 16, 2006 06:32 PM               

Will Max ever get another job in the museum industry? Will astronauts like Gene Cernan ever forgive what they see as a serious attempt at destroying a legend in the restoration of space history? Will or should collectors ever again trust auction houses that sell space artifacts without a clean provenance?

There is plenty of finger pointing in this mess and that will probably remain so as this is an emotional situation. The aforementioned questions are ones that we will have to look to answer as museum executive directors, curators, astronauts and collectors of space memorabilia.

I, for one, will miss Max. He has been a friend. In talking with him over the last few weeks, I have hoped and prayed that jail was not going to be an issue. I hope he is able to appeal. If any appeal is not successful, I hope his time will be quick and painless for Max is a builder, a teacher and a gentleman.

posted May 18, 2006 03:29 PM            

quote:

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Originally posted by MrSpace86:
Ambititon gets the best of some people.

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Ambition was hardly at fault here. Max was at the top of his game.

Ambition SHOULD get the best of ALL people. Of course this is being said by someone mildly successful.

Kim

posted May 22, 2006 07:27 AM               

Thank you,

posted May 24, 2006 08:51 PM               

quote:

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Originally posted by Novaspace:
Max was at the top of his game.

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posted August 26, 2006 08:16 AM            

Second, the judge, "had real problems with the case," and said that it should have been addressed as a civil, and not a criminal matter.

Third, the judge encouraged Ary to appeal his conviction and sentencing and ordered the probation officer to leave him out on bond until the appeal is completed.

There are always many sides to any story and the actual truth always gets mixed up in there somewhere, due to the fact that human beings are not infallible.

posted August 26, 2006 08:30 AM               

quote:

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Originally posted by CNewport:
First of all, the fact that the amount of restitution was almost cut in half calls into serious question either the value of these artifacts or who actually owns them.

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quote:

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The biggest chunk of money Marten disallowed was $79,387 for six rolls of uncut 70mm film recorded during space flights that both Ary and the Cosmosphere claimed possession of, but for which there were no records of ownership.

...

Marten also deducted $22,000 for a couple of items that Ary sold on behalf of the Cosmosphere. The museum received the proceeds of those sales.

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posted August 28, 2006 02:41 PM            

Based on a conversation I had with a person that attended the restitution hearing last week, I think the real facts are starting to be realized even to a point the judge appears to have had a change of heart.

As usual, the media did not report on everything that took place in the hearing. The judge apparently stated that there were many problems and unanswered questions with this case, especially dealing with ownership. He stated this was a very complex and confusing case. The judge acknowledged there was ample proof Max had a large collection of space artifacts he brought with him to Kansas 30 years ago to start the Cosmosphere and use in the original exhibits. He also stated that over the years, he could understand how artifacts from both the museum and from Max could have been intermingled. In addition, the proof of ownership the Cosmosphere brought forward was greatly lacking on many of the artifacts they claimed Max had stolen.

The judge used as an example the rolls of 70mm film. Ary apparently had evidence he owned the film. The only evidence the Cosmosphere brought forward during trial was the curator claimed that one time he had seen a box at the museum with some film in it that looked like what Ary had. That doesn’t sound much like factual evidence to me, and apparently, the judge thought that too. This is why he removed $75,000 from the restitution amount.

Further, the judge apparently stated during the hearing this case should have been civil instead of criminal. As I remember, that is exactly what Max’s attorney stated from the very beginning. Why the judge has just now come to that conclusion is bewildering.

The judge also acknowledged that Ary had voiced his interest in appealing his conviction. According to the person I talked to, the judge appeared to encouraged Max to appeal, and stated he felt errors were possibly made in his trial. This was one of the reasons the judge let him stay out of prison was so he could work on his appeal.

posted March 19, 2007 04:28 PM               

------------------
Scott Schneeweis

posted June 03, 2007 12:10 PM               

quote:

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Max Ary has a three-year prison term hanging over his head after being convicted of stealing artifacts from NASA and a Kansas space museum, but he still is welcome at Omniplex.

Ary, who is free pending an appeal, has been used periodically as a consultant for the Oklahoma City museum's space exhibits, Executive Director Don Otto said Friday.

Ary started putting together some of the exhibits when he was at Omniplex. He was placed on leave after being indicted in April 2005, then his contract as director was not renewed when it expired several months later.

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posted June 03, 2007 07:04 PM               

Museums like the Cosmosphere, Omniplex and Stafford all face the same primary challenge: location. And in the end, all of them help each other by drawing tourists to the heartland.

But to suggest that any one person is more important a draw or driving force than the artifacts contained within the museum is to misunderstand what attracts visitors. And museums are nothing without their visitors, whether they be tourists, locals, enthusiasts or researchers.

posted June 04, 2007 02:41 PM               

quote:

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Originally posted by Robert Pearlman:
The rumors of the Cosmosphere's demise have been greatly exaggerated.

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quote:

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Museums like the Cosmosphere, Omniplex and Stafford all face the same primary challenge: location. And in the end, all of them help each other by drawing tourists to the heartland.

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quote:

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But to suggest that any one person is more important a draw or driving force than the artifacts contained within the museum is to misunderstand what attracts visitors.

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Ask anyone who has followed the Cosmosphere closely, and they will ALL say the reason the Cosmosphere became one of the world's best was because of the visionary who led the institution for 26 years. The artifacts that were there when my Dad was CEO still adorn the Hall of Space, yet the numbers are in decline. If it's the artifacts that draw the visitors and not the people behind the scenes, then why are numbers in decline since he left? There's a thing called vision... and the Cosmosphere has lost its vision.

quote:

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...museums are nothing without their visitors, whether they be tourists, locals, enthusiasts or researchers.

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quote:

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By all indications, the Cosmosphere has a strong leader at its helm and I personally believe they will expand and grow as a result.

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quote:

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That's not to say that Omniplex and Stafford won't grow as well, as I am sure they will, but then what's the worst that could happen: three strong(er) space museums

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posted June 04, 2007 04:24 PM               

quote:

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Originally posted by jarykc:
"The rumors of the Cosmosphere's demise have been greatly exaggerated". OK Robert, now where's your factual data to back this up?

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Further, the decline you cite should be charted against the museum community as a whole, which has experienced similar challenges (as an example, the National Air and Space Museum saw a significant decline in visitors during 2006).

quote:

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...it actually runs the risk of oversaturating the market, which could hurt all the museums in question more than helping them.

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quote:

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There's a thing called vision...and the Cosmosphere has lost its vision.

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There seems to be this false notion that if you respect the work of Max Ary then by definition you cannot respect the work of his successors at the Cosmosphere. I simply don't see it that way. Your father will always have my respect for the work he accomplished in co-founding the Cosmosphere; he may gain my respect for the work he does with the Omniplex or where ever else he may go; but I fail to see his absence from the Cosmosphere as a valid reason to predict its demise.

quote:

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...without visionaries the museum never even opens to begin with...it never even gets beyond the brainstorming stage.

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quote:

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He might be an experienced Naval man, but that in no way corresponds to instantly becoming a gifted museum administrator. Two COMPLETELY different areas of expertise.

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quote:

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If you put an Ollenburger (or anyone else) in my father's shoes when the Cosmosphere was in its infancy, and it never would have gotten to where it is today.

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Lastly, I want to respond to your comments regarding my personal opinion and how it may have shaped the content I posted to collectSPACE. First and foremost, because there was a stated conflict of interest, I tried as often as possible to use outside sources for the news coverage published on this site. The Hutchinson News provided most of the articles, though it wasn't for a lack of trying that other news sources were not similarly reprinted.

Regarding my own posts to this message board, yes, I have a personal opinion and just like everyone else, I use these forums to express it on occasion. That said, I purposely consulted with others whose personal opinions were at odds with mine before undertaking any act of moderation for this and other related threads such that I could be sure that my opinion was not inadvertently effecting my judgment. In that regard, I think I did a fairly good job and the majority who provided feedback seemed to agree. When objections were raised however, I made a conscious effort to reexamine what led to that dissent and made changes accordingly.

posted March 04, 2008 08:29 PM               

quote:

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Originally posted by LCDR Scott Schneeweis:
Any word on where the Ary case stand within the appellate process?

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quote:

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The founder of the Kansas Cosmosphere and Space Center has lost his appeal on his conviction and sentence for stealing artifacts from NASA and the Hutchinson museum.

In a ruling issued Tuesday, a three-judge panel of the 10th Circuit Court of Appeals in Denver affirmed Max Ary's conviction and three-year prison term. Ary was ordered to surrender to the U.S. Marshals Service within 30 days of the appellate court's order being filed in district court.

Ary was convicted on 12 counts, including theft of government property, wire and mail fraud, interstate transport of stolen goods and money laundering.

He was sentenced in May 2006 to three years in prison, and subsequently ordered to pay $132,374 in restitution. He remained free on bond pending his appeal.

...

Defense attorney Stephen Joseph said he could not yet comment on the decision because he had not had a chance to examine it. He said once Ary's attorneys evaluate the decision, they will decide their next step, which could include seeking a rehearing by an appellate court panel, a hearing before the full court or an appeal to the U.S. Supreme Court.

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