Posted on 11/12/2010 4:59:27 PM PST by definitelynotaliberal
David C. Kernell, 23, on Friday was sentenced to one year and one day in prison for intentionally accessing without authorization the email account of former Alaska governor Sarah Palin and obstructing justice.
Judge Thomas W. Phillips of Knoxville also imposed a three-year term of supervised released. In imposing the prison sentence, Judge Phillips recommended service at Midway Sanction Center, but noted that the Bureau of Prisons would decide where the defendant would serve his sentence.
On April 30, after a week-long trial, a jury found Kernell guilty of one count of misdemeanor unauthorized access to obtain information from a computer and one count of obstruction of justice. The jury found Kernell not guilty of wire fraud. The jury could not reach a verdict on the identity theft charge and the judge declared a mistrial as to that charge.
According to evidence presented at trial, on Sept. 16, 2008, Kernell, a resident of Knoxville, obtained unauthorized access to former Gov. Palin's personal email account by resetting the account password. Evidence showed that after answering a series of security questions that allowed him to reset the password and gain access to the email account, Kernell read the contents of the account and made screenshots of the email directory, email content and other personal information.
Kernell posted screenshots of the emails and other personal information to a public website. Kernell also posted the new email account password that he had created, thus providing access to the account by others.
Evidence at trial showed that Kernell became aware on Sept. 16, 2008, after the illegal entry into the email account, of a possible FBI investigation. Evidence showed that the Kernell began a series of deletions of records and documents with the intent to impede an anticipated FBI investigation.
The case was prosecuted by Assistant U.S. Attorney Greg Weddle and Assistant U.S. Attorney Mark Krotoski.
“I couldn’t find that this story had been posted. If it has been, I apologize in advance.”
That is fine.
It always brings a smile to me when I read that
a little red diaper doper baby gets some punishment.
Excellent! That is quite a bit more than just a slap on the wrist. Wonder if any other punk wants to mess with Sarah now?
Fun fact: in federal court, a sentence of a year and a day is shorter than a sentence of one year.
Parole was abolished in federal court years ago, but there is still time off for good behavior, not to exceed 15% of the sentence. But entitlement to "good time," as it is called, kicks in only after serving a year. So someone who is sentenced to a year serves 365 days, but someone sentenced to a year and a day can serve as little as 311 days, assuming they commit no violations of prison rules.
Good.
That is not a fun fact at all. This punk should be locked up in a prison, not taking it easy in a halfway house for 311 days. You have diminished my enjoyment of this story. But thank you :) for adding to my understanding of federal law.
Don’t give him internet access ... or pajamas, either.
And 1 sheet of tp per movement
Maybe next time he'll reconsider things before supporting DNC Nazi's and their tactics.
I believe one year and one day is a minimum felony sentence.
His worst punishment will be explaining a felony conviction to a prospective employer...unless the employer is Geo. Soros, that is.
I am not sure of this but I think a sentence of one year and one day makes it a felony, not a misdemeanor.
My faith in the justice system has been incrementally restored.
He will be in a stinking half way house...like house arrest. No real punishment. Just a few restrictions on his movements. Only thing good is he will have to serve 85% because it’s federal. He got off LIGHT because he is a D state legislator’s son.
The 311 days will be in a federal prison, not a halfway house, though it certainly won't be a maximum security prison.
If the crime carries a maximum authorized sentence of a year or a day or more (as this one does), it is a felony, even if the defendant is actually sentenced to less than a year. (The determination of felony vs. misdemeanor is based on the statute as it is in the books, not on a particular defendant's sentence.)
Back in the day when I did white collar criminal defense (I do civil litigation these days), I had a few clients who served some time in halfway houses and they hated them-- they are always full of junkies.
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