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Breaking - jurors reported they have reached a verdict on 3 of 4 charges in Palin hacking trial
knoxville news ^ | April 29, 2010 | Jim Balloch

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 ...


TOPICS: Breaking News; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: computerfraud; davidkernell; demonrat; dirtypolitics; dirtyrat; elections; email; fraud; identitytheft; kernell; knoxville; memphis; mikekernell; mikekernellsr; palin; palinemail; palinfreeperping; palinkernellhacker; rat; ratpolitics; sarahpalin; tennessee; tn; wirefraud; yahoo
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To: xsmommy

Drama Queen reports that they’re unanimous on counts 2,3, and 4. Count 1 seems to be the troublesome count.

Does that tell you anything about how they might have voted on the other counts?


61 posted on 04/29/2010 12:48:54 PM PDT by onyx (Sarah/Michele 2012)
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To: SmokingJoe

It’s only identity theft under Tennessee law if the access code the perpetrator has is government-issued, is some sort of biometric data, or can be used to spend the victim’s money.

Gaining access to e-mail doesn’t allow you to spend the victim’s money.


62 posted on 04/29/2010 12:49:00 PM PDT by mvpel (Michael Pelletier)
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To: ridesthemiles
Sure would be nice to have all counts come out guilty- and have to serve all sentences in SEQUENCE.

Yes...definately...Consecutive vs. concurrent.

I'd like to see the little Demonrat's rot in prison for a couple of years, and then have PRESIDENT PALIN pardon him 20 JAN 2012.

63 posted on 04/29/2010 12:49:10 PM PDT by DCBryan1 (FORGET the lawyers...first kill the "journalists".)
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To: Bryher1

his intentions DO matter, if you buy the logic of hate crimes ;-)


64 posted on 04/29/2010 12:49:41 PM PDT by Blueflag (Res ipsa loquitur)
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To: DCBryan1

Respectfully disagree....

Although 50 years are allowed for for what he did based on the cited law I believe that that sentence would be excessive and a misapplication of the laws as written....


65 posted on 04/29/2010 12:49:55 PM PDT by nevergore ("It could be that the purpose of my life is simply to serve as a warning to others.")
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To: Carry_Okie; Bigtigermike
You were saying ...

Jurors are not required to follow the judge's instructions, (which are often borderline criminal themselves). A juror has a right under common law to dispense with the law itself and is not required to rule accordingly.

I agree and it's a "conservative principle" to not follow the judge's instructions or even follow the law itself -- as a "bulwark for freedom" in this country -- when it is necessary for a jury to do so.

I said the following in another post on the Palin e-mail hacking trial ...



Well, in this case, I would convict the guy too...

BUT, aside from this guy, I will say that the jury's job is also to prevent unjust laws from being carried out on citizens, and "Jury Nullifiction" is also within the rights of a jury to carry out.

I know that Judges and DA's and other authorities don't like this -- but this is a good conservative protection for this country and its people...

Fully Informed Jury Association

As I said, I'm not talking about this guy, but I'm talking about the duty of the jury in cases where there are unjust laws and "Jury Nullification" comes into play. That's a duty of the jury, too.


66 posted on 04/29/2010 12:50:17 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: avacado

I’ve learned from experience you can never predict how a jury will rule until their verdict is read.

David Lee Miller from FNC just reported they are stuck on count one identify theft and that some of the jurors don’t want to follow the judge’s instruction on this count.

Depending the outcome for the defendant if its against him and jury went against the judge’s instruction that’s instant grounds for an appeal.


67 posted on 04/29/2010 12:50:26 PM PDT by marajade (Yes, I'm a SW freak!)
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To: nevergore
Although 50 years are allowed for for what he did based on the cited law I believe that that sentence would be excessive and a misapplication of the laws as written....

Very true FRiend, but if this kid was a Republican, you and I both know he'd be crucified.....hence my "throw the book at 'em".....and then a Presidental pardon by non other than Pres. Sarah Palin :)

68 posted on 04/29/2010 12:51:48 PM PDT by DCBryan1 (FORGET the lawyers...first kill the "journalists".)
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To: Sarah Barracuda

He didn’t admit under testimony so it can’t be considered unless he admitted to a LE officer and a LE officer was put up on the stand and quoted him from his report.


69 posted on 04/29/2010 12:52:01 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Parley Baer; Bigtigermike
You were saying ...

Politics over justice once again.

Not necessarily. Following a judge's instructions is not always a "conservative principle" ...

See Post #66 ...

70 posted on 04/29/2010 12:53:07 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: avacado
In their written communication to the judge this afternoon, the jurors said: "Some of us feel not all jurors are following the jury instruction."

Automatic appeal excuse. Sounds like something a whiney lib would say.

71 posted on 04/29/2010 12:54:57 PM PDT by airborne ("It's a great day for hockey!" - 'Badger' Bob Johnson (RIP))
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To: P-Marlowe; Parley Baer
You were saying ...

Jurors often don't know that they are not bound by the instructions.

Indeed! ... were it that more conservatives knew this ... :-)

See Post #66 ...

72 posted on 04/29/2010 12:55:07 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: P-Marlowe

I agree with your assessment......he is guilty so far....they might as well go for the last one.


73 posted on 04/29/2010 12:55:10 PM PDT by tioga
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To: Star Traveler

Great post at #66. Don’t forget, our founding fathers also gave us the Presidental Pardon for the same reason: to rectify political injustices.


74 posted on 04/29/2010 12:55:14 PM PDT by DCBryan1 (FORGET the lawyers...first kill the "journalists".)
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To: Bigtigermike

I think the IDTheft charge was a stretch since he didn’t defraud her of money or property.

If they are deadlocked on that, there must be at least one guilty verdict.


75 posted on 04/29/2010 12:55:22 PM PDT by SeaHawkFan
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To: SeaHawkFan

How would you know?


76 posted on 04/29/2010 12:56:25 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Bigtigermike

I think they will get him on everything except the ID theft.


77 posted on 04/29/2010 12:56:56 PM PDT by ican'tbelieveit (Join FreeRepublic's Folding@Home team (Team# 36120), KW:Folding)
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To: AnAmericanMother; P-Marlowe; Carry_Okie
You were saying ...

Guys - that's dangerous territory.

All jury instructions are based on the law. If they are not, they get overturned. The trial courts and the appeals courts have a big book of "standard jury charges" but they are all based on the law. Lawyers may (and usually do) request additional charges particularly applicable to the case, which they write themselves -- but again they have to cite the law.

Nope, not dangerous territory ... it's the "bulwark of freedom" for this country -- the citizens on a jury making sure that no government, government official or unjust law or crooked judge or crooked system can railroad citizens into imprisonment.

See Post #66 ...

78 posted on 04/29/2010 12:57:49 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: TonyInOhio

nope, he is going down. the identify theft one is the hardest to prove. The computer hacking charge is a slam-dunk.


79 posted on 04/29/2010 12:58:42 PM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: ican'tbelieveit

I would accept that.......if he’s guilty of all others, who cares about the identity theft charge.


80 posted on 04/29/2010 12:59:17 PM PDT by tioga
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