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Judge presents 'dynamite charge' to stuck Palin e-mail jurors
Knoxville News Sentinel ^ | 4/30/10

Posted on 04/30/2010 7:56:15 AM PDT by SmithL

KNOXVILLE - Jurors in the trial of accused Sarah Palin e-mail intruder David C. Kernell were this morning urged to reach a complete verdict in the case.

The jurors began their fourth day of deliberations by hearing a special added instruction from U.S. District Judge Thomas W. Phillips.

Called an Allen charge in legal parlance, it is commonly called "a dynamite charge."

Phillips told the jurors that as they resume deliberating they should each reconsider their positions, but there was no need to rush to a verdict.

The jurors reported shortly before 9 a.m. and then retired to resume deliberations about 9:10 a.m.

By Thursday, they had reached unanimous agreement on three of the four counts against Kornell, 22.

Those verdicts were not announced.

(Excerpt) Read more at knoxnews.com ...


TOPICS: Crime/Corruption; Extended News; Politics/Elections; US: Tennessee
KEYWORDS: davidkernell; hacking; kernell; kornell; palin; palinemail; palinfreeperping; palinkernellhacker; sarahpalin; waronsarah
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To: HIDEK6
You were saying ...

50 years sounds fine to me.

You know that would never happen... :-) You can kill someone and not get 50 years ... LOL ...

41 posted on 04/30/2010 9:03:55 AM 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: Liberty Valance

Prediction. This guy is gonna walk and it’s not about wheather he broke the law or not. That has been well established. People either love Palin or they hate her and this jury will reflect that and only that. JMHO.

I agree.


42 posted on 04/30/2010 9:04:27 AM PDT by DontTreadOnMe2009 (So stop treading on me already!)
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To: Cboldt
You were saying ...

If they are hung, just try him again. The government has sufficient tricks and power to maintain that sort of action for a person’s lifetime.

That's a really bad methodology to "set up" for the government to follow. Just imagine the fun that the Marxist/Liberal/Leftists would have with that one, for trying to "nail" conservatives...

I wouldn't be encouraging that one ... LOL ...

43 posted on 04/30/2010 9:05:40 AM 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: GeorgiaGuy

The etymological origin, I believe, is to breaking up a logjam.


44 posted on 04/30/2010 9:07:15 AM PDT by Billthedrill
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To: Ann Archy
You were saying ...

imho, it’s GUILTY on the three other counts, but even I can’t find where he tried to do identity theft.

Yeah, that's probably it. And the "one holdout" is a conservative who is not giving up, doncha know ... LOL ...

45 posted on 04/30/2010 9:07:21 AM 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: Ironfocus; Ann Archy

“The crime of stealing someone’s personal, identifying information for the purpose of using that information fraudulently. Personal, identifying information includes: Social Security Numbers, credit card and banking account numbers, usernames, passwords, and patient records. Fraudulent uses for that information can often include: opening new credit accounts, taking out loans in the victim’s name, stealing money from financial accounts, or using available credit.”

Sounds like this fits to me...


46 posted on 04/30/2010 9:07:44 AM PDT by Mr Rogers
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To: Carley
You were saying ...

Only hung on one charge. The identity theft. Just doesn’t seem to meet the typical definition of identity theft, IMHO.

It probably "meets the definition" for that one conservative holdout... LOL ...

47 posted on 04/30/2010 9:08:23 AM 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: chopperman
The two likely paters for a 3-1 setup are

identity theft - Hung
wire fraud - Guilty
destruction of records to hamper a federal investigation. - Guilty
unlawfully obtaining information from a protected computer - Guilty

or

identity theft - Not Guilty
wire fraud - Not Guilty
destruction of records to hamper a federal investigation. - Not Guilty
unlawfully obtaining information from a protected computer - Hung

The last one is so blatant that there is no way this is hung unless there is a rigger going for nullification. And the jury doesn't seem angry enough for that. On the other hand the identity theft always seemed like the weakest of the four charges.
48 posted on 04/30/2010 9:09:23 AM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: Genoa; Ann Archy
You were saying ...

If somebody logs on and says they’re me, isn’t that identity theft? It should be.

If that's the case, then you can say that the second someone cracks an account (any kind of account that someone has) -- then it's "identity theft" because they're pretending to be someone else.

Thus, every "hacker case" of breaking into some machine or some account, anywhere, -- every last one of them would be an "identity theft" ... (because you're pretending to be someone else) :-)

49 posted on 04/30/2010 9:11:08 AM 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: pikachu; SmithL
You were saying ...

If he gets community service for three felonies, something is seriously broke. Hopefully this punk end ups in a gray bar community where he gets community serviced!

Well, considering how fast some people get out of jail for killing someone and how fast people convicted on drug crimes get out of jail -- we can see things are broke ... LOL ...

50 posted on 04/30/2010 9:12:26 AM 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: tioga; Genoa; Ann Archy
You were saying ...

so if they log on to your banking accounts what would YOU call it? email, banking, FR account....it’s still falsely using your identity.

As I was saying up above, if that's the definition of "identity theft" then every last single case of "hacking" is identity theft.

And since we see that this charge is not used in all hacker cases, you can be assured that there are other elements to that charge ... :-)

51 posted on 04/30/2010 9:14:17 AM 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: SmithL

Sounds like there are one or two holdouts...we don’t know upon which side.


52 posted on 04/30/2010 9:15:51 AM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: Star Traveler

Exactly. Works fine for me.


53 posted on 04/30/2010 9:16:06 AM PDT by Genoa (Luke 12:2)
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To: Ironfocus
You were saying ...

In my opinion, when one unlawfully accesses a personal email account where there are passwords etc to other personal accounts (bank accounts etc), that could be at least construed as the intent to commit identity theft. If this guy went so far as to access one account, which he did, why not deduce that his intent was to also access other accounts with the information he found there? His goal was to cause damage, and there is no reason to think that he was going to stop with just one effort.

See Post #49 and Post #51 ...

54 posted on 04/30/2010 9:16:36 AM 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: tet68
See Post #49 and Post #51 ...
55 posted on 04/30/2010 9:17:08 AM 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: douginthearmy; Liberty Valance
You were saying ...

Bingo! There is at least 1 maybe a couple of rat jurors who will refuse to convict. Any excuse they can come up with.

On the other hand, it could be one conservative hold-out to convict, while the others have voted to acquit.

56 posted on 04/30/2010 9:18:16 AM 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: shelterguy
It’s her fault for having a private email account, you know.

Yes ... and no. Her security was terrible, but that doesn't excuse the crime. This little criminal tried to manipulate a national election by committing four felonies. He needs to be locked up for a VERY long time because his act was evil and his intent was evil.

57 posted on 04/30/2010 9:18:47 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: GeorgiaGuy

And a very good point, too... if they can’t agree and it’s deadlocked — then yes, it should be “Not Guilty”...


58 posted on 04/30/2010 9:21:09 AM 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: Pollster1

“”””It’s her fault for having a private email account, you know.

Yes ... and no. Her security was terrible, but that doesn’t excuse the crime. This little criminal tried to manipulate a national election by committing four felonies. He needs to be locked up for a VERY long time because his act was evil and his intent was evil. “”””””””””””

I forgot this part..../SARC


59 posted on 04/30/2010 9:22:44 AM PDT by shelterguy
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To: 2 Kool 2 Be 4-Gotten
You were saying ...

So if he’s guilty on 3 out of 4 counts, he’s still guilty, right?

He might be innocent on three of four counts... you don't know because they didn't ask the jurors.

60 posted on 04/30/2010 9:23:02 AM 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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