Posted on 04/27/2010 7:59:10 AM PDT by SmithL
Political ploy gone bust or prankish peek gone awry?
That is the question facing jurors today in U.S. District Court as they begin deliberating the fate of former University of Tennessee student David C. Kernell.
Kernell, 22, is standing trial on charges he guessed his way past the security features on then-Alaska Gov. Sarah Palin's private Yahoo! e-mail account. Authorities allege he perused some of its contents, downloaded photos, captured screenshots and ultimately posted the new password he set on an Internet discussion site, allowing 10 people in the U.S. and abroad to make more than 70 forays into the account.
The high-profile trial that drew a throng of national media organizations as Palin, former GOP presidential running mate and current political celebrity, took the witness stand came to a close Monday. Kernell, a 20-year-old economics major at the time of the 2008 incident, opted not to testify.
The week-long trial did not change the respective positions staked out by opposing sides at the outset of the case.
"He's not a kid," Assistant U.S. Attorney Greg Weddle told jurors Monday. "He's a man old enough to know better. He set out to do something malicious from the very beginning."
That something malicious, Weddle insisted, was to try to derail the Republican presidential campaign of which Palin was a part by foraging through the account in hopes of finding politically damaging information.
(Excerpt) Read more at knoxnews.com ...
If there is no serious punishment the door will be open for all kinds of illegal snooping.
That doesn't change the fact that Kernell's demonstrably intentional access to Palin's Yahoo! e-mail account was unauthorized, i.e., he committed computer trespass, a misdemeanor in Tennessee (as it is in most states).
I love how most of the media—including Fox—is pushing for leniency with this jerk. If the perp had been the spoiled brat son of a Republican lawmaker who had hacked into Michele Obama’s emails and given out the cell phone numbers of her daughter, you can bet everyone would be screaming for that guy’s head.
I am sick of FNC. SICK SICK SICK. They spin for the left every chance they get.
Other than Bret Baier there is no one, and that includes Krauthammer, that simply reports the FACTS.
And Meghan Kelly has gone from being a serious attorney taking on serious topics her new show is tabloid city.
Except that this creep is being tried in a Federal court.
Yep and facing greater potential penalties than would a state misdemeanor charge carry.
http://www.knoxnews.com/news/2010/apr/27/jury-deliberating-palin-e-mail-snooping-case/
Kernell is charged with four felonies including identity theft that carry a maximum possible penalty of 50 years in prison.
Right, and people don’t realize the classes of misdemeanors, the higher (class A) in Texas can carry a year in jail and/or several thousand dollars fine, then of course, a form of restitution may be imposed, so it can get one’s attention.
Even under this class of misdemeanor, a year in jail thinking about tampering with someone’s email might have an impact, sure would send a message to me, but that’s just me.
At least Krauthammer doesn’t pretend to be a reporter. His business is opinions, and he writes them well. Kelly, on the other hand, pretends to be a serious journalist. I used to like her segments, and her show with Hemmer, but now I’ll turn over to the DIY network at lunch time to avoid her.
The rest of Fox is tilting precariously to the left. They’ve forgotten WHO it was who brought them to this dance—it was the conservatives who wanted a fair news report. Doesn’t seem to be asking much, does it? Well, I guess for Fox, it was, and I hope conservatives start treating them with the same disdain as the networks Fox is now trying to emulate.
So now "hacking" is only just "guessing".
The defense’s argument is essentially this; if you don’t lock the door on your house, it’s just fine to break in and take what you want.
The reason conservatives really love Sarah Palin is that she just won’t stand there and take it.
What is the penalty for stealing mail? Maybe it should be the same for this case?
Sarah Palin referred this crime to opening her mailbox and taking the contents.
She was correct.
......The rest of Fox is tilting precariously to the left....
Record and watch Cavuto.
He is the best interviewer Fox has and he destroys liberal every day. He is also a Vice President, a heavy hitter
Then there is Glen Beck and your premise is destroyed
Deliberations began about 10:30 a.m. ET after jurors received their instructions, said Katherine Watson, deputy court clerk.
David Kernell, 22, the son of a Tennessee state representative, is charged with felony identity theft, wire fraud, intentionally accessing Palin’s e-mail account without authorization and obstructing an FBI investigation. He has pleaded not guilty.
Kernell’s defense rested Monday in the Knoxville trial, according to CNN affiliate WATE-TV. He did not take the stand. The defense called one witness, an FBI agent who said Kernell had been emotionally upset, according to the station.
In closing arguments Monday, prosecutors told jurors that Kernell, who was a student at the University of Tennessee, was persistent in gaining access to Palin’s account, and once he did it, chose not to back down, WATE reported. At the time, Palin was the 2008 Republican vice presidential nominee.
Defense attorney Wade Davies told jurors that what Kernell did is closer to a prank than a crime, according to WATE. He pointed out that Kernell didn’t use the information he obtained or harass Palin’s family.
According to a federal indictment, Kernell allegedly accessed Palin’s e-mail by resetting the password. He then allegedly read the contents and made screenshots of the e-mail directory and other personal information.
“The personal information included, and was not limited to, other e-mail addresses of family members, pictures of family members, at least one cell phone number of a family member, the dates of birth of Governor Palin and another family member, and Governor Palin’s address book,” the indictment said.
The screenshots were posted on a public website, and Kernell is alleged also to have posted the newly created password on that site, allowing others to access Palin’s e-mail account, according to the indictment.
http://www.cnn.com/2010/POLITICS/04/27/palin.hacking.case/
His crimes were greater than the Watergate burglary. Let him serve as many years as all the Watergate convictions combined.
Cavuto is good most of the time, Beck as well, but Beck is just too chummy with O’Reilly, sorry, I don’t trust him. Baer is a good newsie. So that’s what...counting fingers...ah, yes, two hours out of all the rest. My premise remains intact.
Some exceptions: Dennis Miller and Laura Ingraham when they’re on O’Reilly; sometimes Hannity gets it right; Brit Hume can always be counted upon for good commentary, but he no longer hosts anything. Still about 2 hours, with an occasional bonus.
If they don't reach a verdict today, chances of a hung jury go up exponentially IMO.
And posting it for the world to see. Glad to know I am on the same wavelength as Mrs. Palin.
Jury in Kernell trial goes home
The jury in the David Kernell email hacking trial has gone home, but not before sending a note to the judge with a question.
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