WAIT A MINUTE!!!! This was just a prank, I didn't mean anything by it!!!!
Posted on 04/29/2010 12:07:13 PM PDT by Bigtigermike
KNOXVILLE - Federal court jurors reported today they have reached a verdict on three of four charges against former University of Tennessee student David C. Kernell, accused of illegally accessing the private e-mail account of 2008 GOP vice presidential candidate Sarah Palin.
But they also reported they are deadlocked on the first count, a charge of identity theft.
Without asking what their verdict is on the other counts, U.S. District Judge Thomas W. Phillips sent them back to the jury room to continue deliberating the first count.
In their written communication to the judge this afternoon, the jurors said: "Some of us feel not all jurors are following the jury instruction."
On its third morning of deliberations, the East Tennessee jury pondering charges against Kernell asked to review a federal law addressing identity theft. That's the count on which the jurors deadlocked.
After some discussion with lawyers, Phillips decided today to give them a copy of the law - with some sections blacked out that he said are irrelevant to the case.
Jurors then indicated they wished to go to lunch. The panel is expected to resume deliberations at 1 p.m. today.
(Excerpt) Read more at knoxnews.com ...
how do you know that?
Not necessarily.
"Federal court jurors reported today they have reached a verdict on three of four charges..."
"Without asking what their verdict is on the other counts, U.S. District Judge Thomas W. Phillips sent them back to the jury room..."
My bet is he gets a conviction on 'unlawful computer access', sentenced to 3 years, suspended. He skates on the rest.
Well, yes, but it's Admiralty Law, not the common law. That's what the gold fringe on the flags in the court room really mean. I'm not a big fan of waiving my rights, nor should you be.
Mail fraud is good for three years in a federal facility,
a friend of mine just got out. He got three, his wife got
two.
I will withold my cynasism until after the verdict and the sentencing. Since this whole fiasco involved Democrat criminals I still remain hopeful that justice is blind to Politics but we shall soon see.
Forget the laws for a moment and look at the damage he caused.....
It was an embarassment to The McCain/Palin ticket and caused serious disruption to the campaign....
It caused the Palins a large amount of personal embarassment and discomfort.....
Now look at the perp, a college kid with no prior record who did something incredibly dumb thinking it was funny, cute or whatever......He was not a political operative although the baseline for what he did was political....
He should be sentenced to 5 years and eligible for parole after 18 months.
A classy ending would be for Sarah to be present at the sentencing and ask for leniency for the kid....Possible alternative sentence of some sort....
But that’s just me....
defense using perepmtory challenges to find jurors who are not online
Those would be the Obama jurors.
You had to know there are some of them on the Jury, like this guy:
Hopefully, what we are, is a nation full of people who can think for themselves. I think most people have internalized a logical definition of identity theft. And, irrespective of explicit language of the statute, there may be jurors who wish to apply their own logical understanding with respect to that term.
In American law, that's fine. It may not be desirable, but there's nothing illegal about it, so long that's not what the defense counsel argued at trial.
They're going to convict on three of the four charges. No one should get bent out of shape about, and to make statements like "What have we become", is silly to the point of ridiculous. Paging Captain Hyperbole.
A jury's acquittal in a criminal case is not subject to review or appeal. Jury deliberations are secret. If even one juror considers the law to be unjust or unreasonable, then it is that juror's right and duty to return a not-guilty verdict regardless of the judge's instructions or the letter of the law.
A trial by jury is the people's avenue for VETO of unjust law.
"The jury has a right to judge both the law as well as the fact in controversy." - John Jay, First Supreme Court Justice of the United States [1789]"The jury has the power to bring a verdict in the teeth of both law and fact." - Oliver Wendell Holmes [1902]
Perhaps the last juror doesn't feel that an e-mail account username and password qualifies as a "means of identification" under the letter of Tenn. Code Ann. § 39-14-150, because it is not a government-issued ID number, not biometric data, and is not a code which allows one to financially encumber the legitimate owner.
If that's the crux of the disagreement, than I think the holdout is correct.
"What's more, your Honor, he was using a "Wi-Fi" connection, which is wireless. So he shouldn't have been charged with wire fraud in the first place.
No FRiend...he should be sentenced to the Maximum of 50 years in prison, and when Sarah Palin is President in 2012, THEN she should issue a clemency and set him free (keep him paying of the $1mm fine though) ....FWIW.... ;)
Groan!
Shoulda know a Daily Kos member would sneak into the jury pool by lying through his teeth.
” asked to review a federal law addressing identity theft. That's the count on which the jurors deadlocked.”
What is there to be deadlocked about?
It's as clear as day and night. He is guilty of id theft. Just follow the law and the judge's instructions. Simple.
Recently, as I watched some newscast, I was thinking something similar. If the Nation is thrust into violent conflict, they are sadly mistaken if they think they are going to stand on the sidelines and talk about it. They have established themselves as partisans.
Sure would be nice to have all counts come out guilty- and have to serve all sentences in SEQUENCE.
That might send a message to some of the cretins who think it is cute to hack into computers and websites. They are all maggots, IMO.
I said “usually” not always.
I said “it seems”. It’s just my opinion which could be 100% wrong.
-PJ
Yeah, depends..this jury, well, not the smartest of the bunch..how hard is it when the defendant ADMITS to doing it, should have taken them 5 minutes to convict
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