Lawyers for 22-year-old David Kernell, whose criminal prying into Sarah Palin's personal e-mail account caused an uproar two months before the 2008 presidential election, are asking a judge for probation instead of the jail term being sought by prosecutors.
A court filing entered this week argues that Kernell's actions represented "an aberration from his normal course of conduct" and that his "youth and emotional condition justify" the lighter sentence. In addition, his attorneys argue, probation or alternative sentencing has been applied in "many" such cases. That document can be seen here on the Smoking Gun Web site.
Meanwhile, in its sentencing memorandum filed Tuesday, the government writes: "Under the Sentencing Guidelines, a sentencing range of 15 to 21 months results. Consistent with the Sentencing Guidelines, the government respectfully submits that a mid-range sentence of 18 months in prison is consistent with the statutory purposes of sentencing."
(2010's 25 Geekiest 25th Anniversaries)
On April 30, Kernell was found guilty of one count of misdemeanor computer fraud and one count of obstruction of justice. He was found not guilty of wire fraud and the jury deadlocked on a fourth charge of identity theft.
Kernell was a 20-year-old college student at the University of Tennessee when he accessed Palin's Yahoo e-mail account by guessing the password, which he then changed and let loose on the Internet. The case drew international attention because its cast of characters included not only Palin, then the GOP nominee for vice president, but Kernell's father, Michael Kernell, a longtime Tennessee state legislator, as well as the notorious Internet message board 4chan and controversial whistleblower Web site Wikileaks, both of which were involved in circulating the e-mail and pictures gleaned from Palin's account.
During his trial, Kernell's lawyer attempted to portray his client's actions as a foolish prank that spun out of control.
Prosecutors would have none of that excuse, nor would Palin, who after the verdict wrote on Facebook: "Violating the law, or simply invading someone's privacy for political gain, has long been repugnant to Americans' sense of fair play. As Watergate taught us, we rightfully reject illegally breaking into candidates' private communications for political intrigue in an attempt to derail an election."
Sentencing has been delayed twice already and is now scheduled for Nov. 12.
Welcome regulars and passersby. Here are a few more recent Buzzblog items. And, if you'd like to receive Buzzblog via e-mail newsletter, here's where to sign up.
Why the need for IPv6? Vint Cerf keeps blaming himself.
Microsoft wants to know if my computer is possessed.
IMDb turns 20, takes stroll down memory lane.
10 reasons to fear Google's self-driving car.
Bank of America is holding my online accounts hostage.
Linus Torvalds is now an American citizen.
Fly on the wall says Apple made Newsday kill funny iPhone app ad.
An example of why cell phones do not belong in public bathrooms.
