Posted by
Noah M Elliott on Sunday, November 16, 2008 4:26:55 PM
The complexity of a computer crime trumped the need for a
speedy trial Friday in the case of the son of a Democratic Tennessee
state lawmaker charged with breaking into the e-mail account of former
Republican vice presidential candidate Sarah Palin.
U.S.
Magistrate Judge Clifford Shirley agreed to a joint request from
prosecutors and defense attorneys for more time to prepare for the
trial of University of Tennessee student David Kernell, 20, of
Knoxville.
"A lot of this is in computer language
that a lot of lawyers couldn't just read and get," said Assistant U.S.
Attorney Greg Weddle.
Kernell, charged with one count
of tapping into the Alaska governor's
e-mail in September, was moved from next month to April 20. The son of
longtime state Rep. Mike Kernell of Memphis, chairman of Tennessee's
House Government Operations Committee, faces up to five years in prison
if convicted.
In court, Kernell was asked if he
understood he was giving up his right a speedy
trial.
"Yes, sir. I understand," the economics major
told the magistrate.
Kernell's attorney, Wade Davies,
contends the government has wrongly combined two similar misdemeanors
to form a felony charge, and says because of that, the case should be
thrown out.
While computer "hacking" is slang without
legal definition, Davies also objects to prosecutors using it to
describe his client because of the "negative connotations." He says
hacking implies "the use of sophisticated means of specialized computer
skills." What his client did was more like "guessing three security
questions based on readily available information from public
sources."
Kernell turned himself in the same day his
indictment was unsealed in October. He pleaded not guilty and has been
released on several conditions, including staying away from his
computer except for school work.
The indictment said
Kernell tapped into the Alaska governor's widely publicized Yahoo!
e-mail account by correctly answering a series of personal security
questions. He allegedly reset the password to "popcorn" and was able to
read the contents, make screenshots and post his exploits on the Web
using the nickname "rubico."
The indictment said at
least one other person followed a similar path into Palin's account,
but no other arrests have been made.