Posted on 10/28/2009 1:13:15 AM PDT by machogirl
Alleged Sarah Palin hacker, Kernell to wait another six months for trial by Robert McMillan, Security Blanket Tue, 2009-10-27 23:32 Topic(s): Data Protection
It shouldn't come as a surprise, given all the motions flying before Judge C. Clifford Shirley, but alleged Sarah Palin hacker David Kernell's trial has been moved back six months.
It was set to start today, but it turns out the judge moved it to April 20 2010 a few weeks back.
Looks like there are about a dozen motions before the judge right now, including five motions to dismiss the indictment.
Kernell was fingered as the guy who posted emails from Alaska Governor Sarah Palin's personal Yahoo account to the 4chan Web site during last year's presidential race.
He was arrested a few weeks later and hit with felony hacking charges -- something that some observers called a bit of a stretch.
Kernell, the son Mike Kernell, a Democratic state representative from Memphis, has been out on bail as he awaits trial.
If someone has a PACER account, they might be able to find the docs.
It's no surprise to me that this attack against Gov. Palin has disappeared of the RADAR. If he was a Republican for McCain, updates would be hourly and CNN would be running a LIVE feed.
The latest, MSM Tennesee article I could find was in Sept. 2009.
http://www.knoxnews.com/news/2009/sep/04/survey-barred-in-palin-e-mail-hacking-case/
Survey barred in Palin e-mail hacking case
Defense will have to question potential jurors face-to-face
* By Jamie Satterfield
* Posted September 4, 2009 at midnight
A University of Tennessee student accused of taking an illegal peek at former Alaska Gov. Sarah Palin’s personal e-mail account will have to pick the brains of potential jurors in a face-to-face encounter.
U.S. Magistrate Judge Clifford Shirley has nixed a bid by the defense team for David C. Kernell to poll potential jurors via a questionnaire that would examine, among other things, their political leanings and attitudes about Palin.
According to Shirley, asking potential jurors to fill out a questionnaire is too much work for too little purpose.
“The court finds that what little benefit would be gained by the use of a jury questionnaire is greatly outweighed by the burden such a questionnaire would impose on potential jurors,” Shirley wrote.
Attorneys Wade Davies and Anne Passino earlier this year sought to use a jury questionnaire to prescreen potential jurors. Davies cited extensive publicity surrounding the case and Palin herself, who Davies said is a polarizing political figure.
But the exact nature of what Kernell’s defense team wanted to ask potential jurors will remain a secret. Davies asked and Shirley agreed to seal his proposed questionnaire.
Kernell, the 21-year-old son of a longtime Memphis Democratic politico, is accused of tapping publicly available information to ferret out the key to unlock the password on a Yahoo! e-mail account through which Palin funneled official Alaska business correspondence. At the time, Palin had been named Republican U.S. Sen. John McCain’s running mate in the presidential election.
Authorities allege Kernell changed the password and then went fishing through the e-mail account in search of politically damaging information but found none.
In recently filed court records, the U.S. Attorney’s Office revealed that Kernell allegedly boasted of his plans to access Palin’s e-mail account to his UT roommates, who, in turn, have given statements to the FBI and likely will end up on the government’s witness list at Kernell’s Oct. 27 trial.
He already was accused in the indictment of bragging on an Internet Web site about the ease with which he gained the answer to Palin’s security question.
Jamie Satterfield may be reached at 865-342-6308.
Get Copyright Permissions © 2009, Knoxville News Sentinel Co.
http://texas4palin.blogspot.com/2009/07/palin-e-mail-hacker-trial-update.html
updated as of sept. 09, interesting what “Rubio” aka “David Kernell’s” attorneys were asking of Gov. Palin
What court is it in, do you have a case number ?
I’ll have to look that up as far as a case # and get back to ya :)
here is a doc with the court case #, but i know that i have seen another one. i can’t remember my old PACER account info and the District # 6 (feds) in Tenn. don’t do their calender online for more than a week.
surprisingly after the DOJ announcement under Bush, there hasn’t been any other press releases about this case.
wonder why? (rhetorical, dem hacker, dem administration, dem-state-run-media)
i haven’t been to sleep yet, and i’m getting a little sloppy.:(
Last thought before I fall over from 2 days of lack of sleep.
Nothing in the Knoxville papers or news (TV) about this continuation at all. The only source I can find right now, without calling DOJ (like i’m sure Holder will tell me), calling “Rubico”, aka “Kernell’s” attorney, or Judge Shirley’s court.
They are all sleeping, just like the media.
You got FReepmail.
I hope whatever goes on has the effect of ringing his lawyer’s cash register over and over again generating a hefty legal bill.
Since Kernell is a Memphian, try the Commercial Appeal.
thanks
Thanks to EDINVA and RGSpincich for the following info on our “favorite hacker”.
Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Status Conference as to David C. Kernell held on 10/9/2009. The Court declares this case complex and the Court finds and the parties agree that all the time between now and the new trial date is fully excludable for Speedy Trial purposes. (Plea Agreement due by 3/24/2010. Jury Trial RESET for 4/20/2010 09:00 AM in Courtroom 3B - Knoxville before District Judge Thomas W Phillips. Motion Hearing set for 12/3/2009 01:30 PM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley., Pretrial Conference set for 3/24/2010 09:30 AM in Courtroom 3B - Knoxville before District Judge Thomas W Phillips.) Order to follow. (Court Reporter Jolene Owen.) (DCP, ) (Entered: 10/09/2009)
10/09/2009 86
MEMORANDUM AND ORDER as to David C. Kernell. The Court declares this case to be complex. The trial of this matter is reset to commence on April 20, 2010,at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Judge; All time between the October 9, 2009 hearing, and the new trial date of April 20, 2010, is fully excludable time under the Speedy Trial Act for more fully set out in this order; The parties are to appear before the undersigned for a motion hearing on December 3, 2009, at 1:30 p.m.; A pretrial conference is set for March 24, 2010, at 9:30 a.m.; and The plea negotiation cut-off deadline in this case is reset for March 24, 2010. Signed by Magistrate Judge C Clifford Shirley on 10/9/2009. (DCP, ) (Entered: 10/09/2009)
10/09/2009 87 NOTICE re 86 Order to Continue - Ends of Justice,, 85 Status Conference, Set Deadlines/Hearings,,,, mailed to Attorney Mark Krotoski along with Standing Order of the Court in RE: Electronic Case Filing on 10/22/09 and Enforcement Procedures for Electronic Filing Requirement. (DCP, ) (Entered: 10/09/2009)
Off topic, but does anyone know how someone can use MY yahoo address to send email to ME? In other words, I received spam email from myself. How does that happen?!
I am not computer savvy, so you might want to start a thread with that query. That happened to me several years ago and I was told it was a ‘worm,’ that somehow my computer was invaded. You might start by doing serious virus/spy scans. I use AVG virus protection and spybot, both are free unless you want a higher level AVG; spybot relies on donations.
i get that too sometimes. i think it comes from either when i send an article by email to a friend, and cc to myself or copy it to myself. one of the “news” sites must have put that on their email list.
or, you are like ed norton in the “fight club”. you are sending yourself stuff while you are in an altered state.
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