David Kernell Jury Enters Second Day Of Deliberations

And people are talking about it.

Jen-Sized weighs in. Steve Ross linked to her this morning, but I wanted to revisit some of her analysis.

But is this for real? Of course what he did was wrong, but I can’t stop imagining this dude in the common area with his fellow inmates.

“What are you in for?”
“Oh, I killed a guy for his shoes.”
“I was the Ice Truck Killer.”
“I snooped around in Sarah Palin’s e-mail account.”
“Aww, man.”
“Yeah dude I was all up in her Flickr too. Same password y’know…”

50 years. 50 freakin’ years. I hope the law is that tough on the people who pose as Paypal and phish for people’s passwords.

And witness, Gabriel Ramuglia, who testified for the prosecution weighs in with a headline at The Register that the trial was a dog and pony show.

Based on the evidence in Ctunnel logs, Ramuglia said, he believes Kernell “should have got in some trouble.” But he went on to say that he believes prosecutors are attempting to win enhancements to Kernell’s potential sentence by ginning up findings that the breach disrupted interstate commerce.

“My objection is that they seem to be more interested in getting a maximum sentence than with prosecuting what actually happened,” Ramuglia, 26, told The Register on Tuesday. “They really don’t need to try to get 50 years on this by drumming up all these other irrelevant charges.”

Ramuglia testified last Wednesday in the trial of 22-year-old David C. Kernell, who is charged with four felonies for allegedly breaking in to the Palin account. Kernell has pleaded not guilty to the charges. His attorney has insisted there was no criminal intent in the intrusion and during closing arguments told jurors: “not every choice we make at age 20 defines who we are.”

Let’s be clear on a couple of things. Only one of Kernell’s charges can be knocked down to a lesser offense so it’s all or nothing for this kid. Did he screw up? He did, no one is denying that and apparently his defense team didn’t either although he did plea not guilty.

Of course, this will be politicized because he accessed the vice-presidential nominee at the time’s email account.  Do I think that he did this to be malicious? No, I don’t. I think he was a cocky kid that proved he could do it. I also think he knew he screwed up almost immediately.

And the bottom line to this case, which has been publicized ad nauseum comes down to his motive. Why did he do this? That’s part of what the jury is deliberating.

Conversations I’ve had about this case has also spotlighted on the vulnerability of the Internet and that we are all in a learning curve when it comes down to issues such as breached online identity. Will Kernell be treated the same as other hackers or will his case be different due to the high profile person he hacked?

Remember, it’s all or nothing. Now we have to wait and see what happens because it’s up to the jury.

In the spirit of disclosure, everyone here at STP knows David Kernell’s father, Mike.  I feel like that needs to be said and I won’t deny that I like Rep. Kernell a great deal.

2 comments for “David Kernell Jury Enters Second Day Of Deliberations

  1. Scott Banbury
    April 28, 2010 at 10:42 am

    I’ve known David since he was a kid, and he’s a good one.

    Any reasonable person would see the whole incident, from both angles, as a lesson on why people shouldn’t conduct private business on the net without appropriate encryption or a full understanding of the inherent legal and social dangers. Hopefully, the jurors will see it that way too.

  2. HankS
    April 29, 2010 at 3:40 am

    “Do I think that he did this to be malicious? No”

    “….I read though the emails… ALL OF THEM… before I posted, and what I concluded was anticlimactic, there was nothing there, nothing incriminating, NOTHING THAT WOULD DERAIL HER CAMPAING AS I HAD HOPED, all I saw was personal stuff, some clerical stuff from when she was governor…. And pictures of her family…”

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