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By Dan Kraker, Minnesota Public Radio News

A federal judge Monday told the man who stole a pair of the iconic ruby red slippers slippers worn in the classic film “The Wizard of Oz” that his crime was “extraordinary in its stupidity, selfishness and impact,” yet he did not sentence him to any prison time because the thief is terminally ill.

Chief U.S. District Judge Patrick Schiltz said he agreed to the sentencing recommendation from both the U.S. Justice Department and the attorney for 76-year old Terry Jon Martin because he likely only has a couple months to live.

The judge also noted that Martin did not commit any other crimes since he stole the slippers from the Judy Garland Museum in the late actor’s hometown of Grand Rapids in 2005.

Schiltz did order to Martin to pay $300 a month to the museum in restitution.

Martin appeared at the federal courthouse in Duluth wearing a blue flannel shirt, with a mask and oxygen tank that he needs to breathe at all times. His attorney, Dane DeKrey, pushed him in a wheelchair.

In arguing for a “time served” sentence, DeKrey argued that for a “significant length of time, Terry had no idea what happened to the slippers.”

When Martin stole the slippers while they were on loan to the museum in Grand Rapids, he believed they were made of real gemstones. After he discovered they were made of plastic and glass, DeKrey said, he told his accomplice he didn’t want them anymore. He held them for less than 48 hours.

Martin didn’t understand the cultural value they held, as one of four surviving pairs of shoes worn by Judy Garland during the filming of ‘Oz’ in 1939. The FBI says they are valued at several million dollars.

DeKrey acknowledged that his client refused to identify other people involved in the crime. Still, he argued that Martin’s confession provided some closure to both the government and to the Judy Garland Museum.

“He didn’t confess out of the goodness of his heart. But he did confess. He could have taken this to his grave. That would have resulted in zero closure,” DeKrey told the judge.

The FBI recovered the slippers in a sting operation in Minneapolis in 2018, when someone tried to claim insurance money.

After that extortion attempt, the FBI learned that Martin had extensive phone contact with people who were involved in that investigation, said government attorney Michael Greenley.

Martin’s extensive criminal history — the slipper heist was his 14th felony conviction — coupled with the fact he lived only 12 miles south of Grand Rapids, led the FBI to Martin, Greeley said.

After the theft, the Judy Garland Museum suffered financially for several years, founding director and current curator John Kelsch told the judge. He said the museum could no longer borrow world-class pieces, and had to sell about $250,000 in assets to stay afloat.

“Our credibility as a museum was gone. It was very hard to get that back,” said current executive director Janie Heitz.

Kelsch and Heitz said the slippers are currently under the protection of an auction house. They said the slipper’s owner, collector Michael Shaw, plans to sell the slippers after taking them on a worldwide tour.

After the hearing, Kelsch said there is a sense of relief in having his name cleared. For years he said some people suspected he was involved in the crime.

Now, he said people want to know where the slippers were for more than 12 years after they were stolen, before the FBI recovered them.

“We’re happy no one will be talking about an inside job anymore,” Kelsch said. “So that’s a good feeling. But the mystery still remains. I guess there’ll be books written and movies made. The story will go on. There is no closure in that regard.”