posted 05-11-2006 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 05-11-2006 01:42 PM               

quote:

---

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.

---

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:

---

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).

---

posted 05-11-2006 02:12 PM               

quote:

---

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).

---

posted 05-11-2006 02:58 PM            

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 05-11-2006 06:02 PM               

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 National Air and Space Museum and 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 and over and over.

My major issue has always been the victims, who had their legally purchased artifacts confiscated by the government without compensation. It's absolutely astounding that I haven't heard one word about the people who lost tens of thousands of dollars.

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?

posted 05-15-2006 09:59 AM               

quote:

---

Originally posted by Spacepsycho:
I'd rather see Max back at the Oklahoma museum restoring, protecting and putting together exhibits for generations to enjoy, than to have him sitting in prison costing us money.

---

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.

posted 05-15-2006 01:29 PM               

Like most people with an affinity toward the Cosmosphere (which I unabashedly have), I am, and many others are, very saddened by the events that have happened. Hutchinson and the Cosmosphere 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 achievements, and no historical revisionism is taking place by the Cosmosphere.

posted 05-15-2006 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 05-15-2006 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.

posted 05-16-2006 08:50 AM               

quote:

---

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

---

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.

posted 05-16-2006 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.

posted 05-24-2006 08:51 PM               

quote:

---

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

---

posted 08-26-2006 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.

posted 08-26-2006 08:30 AM               

quote:

---

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.

---

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.

posted 08-28-2006 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 06-03-2007 12:10 PM               

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.

posted 03-04-2008 08:29 PM               

quote:

---

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

---

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.

posted 05-03-2008 07:58 PM               

It's likely, Ary noted, he'll qualify for the 15 percent reduction in his sentence through good behavior credit, so the time he'll serve will be closer to 21/2 years. When released, he'll then be subject to three years of parole supervision and must repay more than $132,000 in restitution.

posted 06-11-2010 04:08 PM            

The co-founder and longtime director of the Kansas Cosmosphere and Space Center left a federal prison in Oklahoma on Wednesday after serving just slightly more than two years for stealing and selling museum artifacts.

Max Ary, 60, was released Wednesday morning from the Federal Correctional Institution at El Reno's minimum-security satellite camp, where Ary's been housed since incarcerated, prison officials confirmed.

Ary, who reported to El Reno on April 24, 2008, served 777 days, or about 70 percent of a three-year term. His sentence also includes three years of parole supervision and paying $132,374 in restitution.