ID theft retrial in Palin hacking hinges on appeal (RAT'S hack was a college prank, not a crime)

Yahoo ^ | 5/07/10 | Bill Poovey

[Libloather]

ID theft retrial in Palin hacking hinges on appeal
By Bill Poovey
Fri May 7, 5:57 pm ET

CHATTANOOGA, Tenn. – Prosecutors say a Tennessee man convicted of two federal charges in the hacking of Sarah Palin's e-mail account would be retried on an identity theft charge that left a jury deadlocked only if a defense request for a retrial is granted.

David Kernell, 22, was found guilty April 30 in federal court in Knoxville of obstruction of justice and unauthorized access to a computer, but acquitted of a wire fraud charge for hacking Palin's account as she campaigned on the Republican ticket in 2008. The jury deadlocked on an identity theft charge.

Assistant U.S. Attorney Greg Weddle on Friday noted defense motions requesting a retrial. He said that only if a new trial were granted on either of the two charges resulting in conviction, the identity theft case also would be retried.

Defense attorney Wade Davies declined comment Friday about his motions for a retrial. During the trial he made motions for a mistrial and now has numerous appeals pending before the 6th U.S. Circuit Court of Appeals.

U.S. District Judge Thomas Phillips, who presided over the nine-day trial in which Palin was the star witness, has not scheduled a sentencing date nor a hearing on the motions.

The charge of obstruction carries a maximum 20-year prison sentence and unauthorized access to a computer is a misdemeanor carrying a maximum one-year sentence.

[Libloather]

Mike Kernell (born December 20, 1951, in Memphis, Tennessee) is a member of the Tennessee House of Representatives. Kernell is married with two children.

Kernell, a Democrat, was first elected to the 89th Tennessee General Assembly in 1974; he lives in Memphis and represents the 93rd district (a portion of Shelby County).

Mike Kernell has denied knowing anything about the incident.

http://en.wikipedia.org/wiki/Mike_Kernell

[freekitty]

Get over it punk Rats. You got caught and have to pay the price. No more freebies get out jail cards.

[donmeaker]

A criminal prank is criminal.

[rawcatslyentist]

RAT'S hack was a college prank,

A sloppy college prank, that did not have sex with that woman.

[freeangel]

Sure—kind of like gangs using 13 yr olds to carry drugs and do drive-by shootings because theyare “only” kids and won’t feel the full weight of prosecutio9n.

[Old Badger]

"RAT'S hack was a college prank"

A Rose by any other name is still a Rose and this axiom applies here. A crime by any other name is still a crime.

[Star Traveler]

Here are a series of FReeper articles on the E-mail Hacker, David Kernell and Sarah Palin ... [newest at bottom ...]

---

• Palin Testifies At E-Mail Hacking Trial

• Sarah Palin testifies in e-mail hacking case

• (CBS, FOXVideo) Sarah Palin On E-Mail Hacker: 'Sad State Of Affairs'

• Palin Testifies in E-mail Hacking Case (Drudge Headline)

• Palin on Greta to discuss David Kernell Trial

• Palin Testifies As The FBI Details an Elaborate Coverup By Defendant in the E-Mail Hacking Case

• Palin on Hackers and Illegal Immigration

• Defendant in Palin hacking case won't testify

• Prosecutor urges jurors to convict student in Palin e-mail trial (Jury to Deliberate tomorrow)

• Jury to get Palin case after Kernell opts not to testify

• Palin email witness decries 'dog and pony' prosecution

• Still No Verdict in Palin email Trial

• No End In Sight For Palin E-mail Hacking Case

• Breaking - jurors reported they have reached a verdict on 3 of 4 charges in Palin hacking trial

• Judge presents 'dynamite charge' to stuck Palin e-mail jurors

• Jury convicts Palin e-mail intruder on two counts

• Palin hacker found guilty on two counts

• Sarah Palin: As Watergate Taught Us, We Reject Illegally Breaking Into A Candidates’ Communications

• Jury convicts Palin e-mail intruder on 2 counts; mistrial declared on ID theft

• JURY FINDS PALIN HACKER GUILTY

• ...Man Convicted of Illegally Accessing Sarah Palin's E-mail Account and Obstruction of Justice

• The Hacker Case Verdict

• College student found guilty of hacking into Sarah Palin's personal e-mail account

• ID theft retrial in Palin hacking hinges on appeal (RAT'S hack was a college prank, not a crime)

[Star Traveler]

Making your link "live" ... :-)

Kernell, a Democrat, was first elected to the 89th Tennessee General Assembly in 1974; he lives in Memphis and represents the 93rd district (a portion of Shelby County).

Mike Kernell has denied knowing anything about the incident.

http://en.wikipedia.org/wiki/Mike_Kernell