HoodaThunk?

Hacker indicted on charges stemming from illegal access of Palin e-mail account

David Kernell, the 20-year-old son of TN state Democratic Rep. Mike Kernell, has been indicted on charges of “…intentionally and without authorization access[ing] a protected computer by means of an interstate communication…” (You can view a PDF of the actual indictment here.) The charges carry a potential sentence of 5 years and $250K in fines. And yes, if Kernell’s convicted I think he should get all of that.

There have been lots of smoke screens tossed up into the air over this, most egregiously the notion that Palin deserved this since she was using a consumer-grade e-mail account to… well, to handle her consumer-grade, personal communications. Everyone who’s looked into this, including the hacker himself, has seen that there was no public business conducted in this e-mail account. The immediate news reports seeking to make this look like a heroic uncovering of some kind of wrongdoing was just dead wrong and a clear attempt to do anything to make Palin look bad. The truth is that some hacker idiot decided to do something he knew was wrong and I suspect his choice of target was politically motivated.

The other frustratingly annoying ploy being offered up is the notion that this was just a kid’s prank, a boyish stunt that, while stupid, should be dismissed because… well, because he’s a kid. Rubbish. This note from American Digest – a Palin supporter, if the rest of the writings there are to be believed – suggests that Palin should “give the kid a get out of jail free card.” This man – and yes, I said man – isn’t 12, he’s 20! He’s 2 years past the age where our society has determined adult responsibility begins and we’re supposed to treat him like he just didn’t understand what he was doing? No, ladies & gentlemen, we should not. This man enjoys all of the benefits of being considered an adult in our society and he damned well should be held accountable for the requirements of an adult, just like the rest of us. He broke the law, duly enacted by our democratic process, and it was a law he was well familiar with. He took it upon himself to cross the legal boundaries we’ve laid down for us all to follow and the consequences of that decision should land firmly and squarely upon his shoulders just as it would any other adult.

Let the trial proceed. Let the evidence be heard and weighed. And if the evidence shows him to be guilty, let him be declared so and let the penalties accrue in accordance with the law. To do otherwise undermines the rule of law and if our society of laws cannot depend on that, where will we end?

October 8th, 2008 Posted by ricjames | Uncategorized | one comment

Only a lawyer would claim that admitting guilt for a murder isn’t the same as a guilty plea.

Life has been coming at me fast and furious over the past few weeks so I’ve had little time to even read the news let alone blog about it. So when I finally get a moment to check out the news this morning, I find this little gem over on FoxNews.com: “Attorney: ‘Power Rangers’ Actor Killed Couple but Shouldn’t Face Death Penalty.”

The attorney for a man accused of throwing a couple off their yacht bound to an anchor told a jury Tuesday his client is guilty of those two murders and a third, but shouldn’t be put to death.

“My goal is simply to save Skylar Deleon’s life,” defense attorney Gary Pohlson said in a 15-minute opening statement on behalf of his client.

“Skylar is guilty of all three murders,” he said.

The concession is not the same as a guilty plea, however, and Pohlson said he will dispute some details of the prosecution case.

OK, so the man admits he’s guilty, his attorney goes on public record saying he’s guilty, but we’re not supposed to consider that a guilty plea? Fair enough, it’s not a technical guilty plea.

But it’s good enough.

This piece of human trash tied a couple to a boat anchor and, while listening to them beg for their lives on their behalf and that of their children and grandchildren, pushed them over the side to drown. The little shit didn’t even have the guts to look them in the eye while he killed them and his attorney now says he shouldn’t get the death penalty? Only a lawyer… only a lawyer…

This evil bastard should be tied to a boat anchor of exactly the same size and weight as the one he used to kill these people – over their yacht, no less – and be dropped into tank of water. If it were up to me, the tank would be filled with hungry piranha and he’d be prepped with small cuts to his arms and legs before going over the side. That he’s got the audacity to send his lawyer to beg for his life to the rest of us is astonishing and disgusting. He’s admitted it. He’s guilty. Our society would be better off without him, period.

Quit wasting time and get it done.

October 8th, 2008 Posted by ricjames | Crime & Punishment, Human Interest, Law | one comment