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Discovery of stolen viola sweet music to owner's ears

But getting the prized instrument was a struggle
Jon Yates

What's Your Problem?

August 22, 2010

The burglar struck Labor Day weekend 1999, removing the window air conditioner, then entering through the opening.

When Robin Hosemann returned from her holiday, she found her Ravenswood apartment ransacked. Despite the mess, the thief had taken only one thing: Hosemann's prized 1986 Armin Barnett viola.

It had taken Hosemann years to save up for the instrument, then valued at $4,500.


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She filed a police report that day, hoping that somehow, investigators would be able to track down the thief. After several years, the trail grew cold and the detective assigned to the case retired.

Hosemann had no renters insurance. At the time, she had just moved out of her parents' house and thought the viola was covered by her family's policy.

It wasn't.

Still, Hosemann could not give up. Because the instrument was one of a kind — the only viola made by Barnett in 1986 — Hosemann hoped that if it ever turned up for sale, she would see it.

Each year, she typed in a description of the instrument into a Google search box, and each year the scan came up blank.

Then last fall, she conducted her annual Internet search, and up popped a picture of her viola — for sale online at a Cleveland violin store, Peter Zaret & Sons.

In October, Hosemann went to the store and asked to see the viola.

Instantaneously, the years melted away.

"There are certain things you know about an instrument you've played for a long time. The coloring on the back and the nick I made with my bow on accident, it was still there," Hosemann said. "My heart was racing. I said 'This is my instrument. It was stolen from me.'"

The store's owner, Peter Zaret, demurred. He told Hosemann that he paid good money for the viola, and that as far as he was concerned, it was his. He offered to sell it back to her — for $5,000.

Hosemann, who now lives in Ferryville, Wis., returned home frustrated. She called Chicago police, who instructed her to call the Cleveland police department. Cleveland police sent her back to the Chicago police.

Upset, Hosemann e-mailed What's Your Problem?

"I've tried to think this through," she said. "I get so angry when I think that it was stolen and I have proof that it was stolen. Why should I have to pay for it? It's mine."

The Problem Solver did a little research and discovered that for multiple reasons, the viola should be returned to Hosemann.

Robert Bennett, a professor at Northwestern University's School of Law, said that legally the viola is still Hosemann's. Even if Zaret paid for the viola and did not know it was stolen, he could not assume ownership of the instrument because Hosemann never relinquished it.

"A thief cannot pass on title," Bennett said. "It remains the original owner's property."

In addition, federal law prohibits the transportation of stolen goods valued over $5,000 across state lines, and Ohio law makes it illegal to receive, possess or sell property believed have been obtained by theft.

Clearly, the viola is legally Hosemann's.

The Problem Solver first called Zaret last month. Zaret said he bought the viola from an individual he has known for some time. He described the man as "slimy."


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"He sold it to me along with a couple other items," Zaret said. "He's related to another fella who came through here who's a criminal and he lives in Canada — if he hasn't been arrested and thrown in jail."

In that first call, Zaret said that if Hosemann could present him with paperwork proving the viola was hers, he would return it to her.

But after Hosemann e-mailed Zaret the paperwork, Zaret had a change of heart. He referred subsequent calls to his attorney, Michael Teitelbaum, who told the Problem Solver he advised Zaret not to return the viola to Hosemann unless she paid for it.

"As I told (Zaret) as his counsel, as long as he did not know and had no reason to know the viola was stolen, he paid fair value for the instrument, and the instrument rightfully belongs to him," Teitelbaum said.

The Problem Solver then e-mailed Teitelbaum legal references, along with an e-mail Zaret sent Hosemann in December, saying he purchased the viola from a man he "never trusted." Zaret's e-mail also mentioned a second man who was involved in the transaction. He said that man lived in Canada.

"However, he has been known to have stolen some instruments from students at the Indiana University," Zaret wrote.

Hours after receiving the Problem Solver's e-mail, Teitelbaum called back.

"I spoke with my client today and he is willing to give Ms. Hosemann back her viola," he said.

Teitelbaum reiterated that his client had done nothing wrong and had no idea until recently the instrument was stolen.

On Aug. 14, Zaret gave the viola to Hosemann's brother, who lives in Cleveland. She plans to visit her brother in October to pick up the instrument and bring it home.

"My life has changed so much since I played it," said Hosemann, who now teaches reading at a local middle school and leads violin lessons. "It's kind of like a baby returning home after being gone to school."

http://www.chicagotribune.com/business/problemsolver/ct-biz-0822-problem-hosemann-20100822,0,6369555.column?page=2