Crime

Man Who Discovered Affair in Wife’s Email Faces Charges For Privacy Invasion

Is reading your spouse’s email a crime?

Apparently so in Michigan where a man who used his (now ex) wife’s password to access her Gmail account is facing criminal computer misuse charges after discovering her online affair. Leon Walker, 33, told the Oakland Press that the case against him represents a “miscarriage of justice” and that he believe he’ll be exonerated.

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Walker’s wife, Clara, was married twice previously and he recently discovered she was having an affair with her second husband — a man who had been arrested in the past for beating her in front of her young son, Walker says.

But Oakland County Assistant Prosecutor Sydney Turner says the felony charges against Walker are justified and have charged him under a statute typically used to prosecute identity thieves.   Walker, who divorced his wife earlier this month, now faces a criminal trial in February and up to five years in prison.

According to the Wall Street Journal the area of spousal privacy rights online is a gray area.

Oakland County, Michigan prosecutor Jessica Cooper told the Free Press that she was justified in charging Walker.  “The guy is a hacker,” she said. The email account “was password protected.”

In a voice message left with the Law Blog, Cooper added that two judges have denied Walker’s motion to dismiss the charges. Walker and his wife “were in divorce proceedings and had separate email accounts, separate computers, separate everything,” Cooper said.

Michael McCulloch, who represented Walker’s ex-wife in the divorce proceedings, declined to discuss the criminal charges against Walker.

Leon Weiss, who represents Walker in the criminal case, told the Law Blog that his client was wrongly charged under a statute that is aimed at the hacking of government computers.

“If the Michigan legislature had wanted to prohibit one spouse living under the same roof, with a shared computer, from reading a spouse’s email, they could have constructed the statute to prohibit that,” he said. “There is no real expectation of privacy in email,” Weiss added. “It’s too out there.”

We recommend checking out Weiss’s work bio, which is one of the more entertaining we have seen and includes this quote from Weiss: “I have a competitive fire which has raged white hot ever since I was a kid. . . even when playing a board game, I go for the jugular!”

Comments (71)

1 2
  • powhatan
    Posted on December 28, 2010 at 11:08am

    Like anything that goes on the internet can be private…NOT….stupid prosecution….

    Report Post » powhatan  
  • the hawk
    Posted on December 28, 2010 at 3:57am

    You wonder what their vowls were and under lisence of STATE maybe she’s in brich of contract?

    Report Post »  
  • the hawk
    Posted on December 28, 2010 at 12:04am

    Thank you !

    Report Post »  
  • the hawk
    Posted on December 28, 2010 at 12:03am

    How about the blaze stop censuring my statements

    Report Post »  
  • stoned.on.freedom
    Posted on December 27, 2010 at 11:21pm

    The husband had reasonable suspicion.

    Report Post »  
    • avenger
      Posted on December 28, 2010 at 4:56pm

      the hubby is a freaking moron… she/married/divorced twice….hello…you do not want to own this pony,just ride it .

      Report Post »  
  • FedUpTexan
    Posted on December 27, 2010 at 11:10pm

    If that lady was’nt a cheating sl_t, c-nt,wh-re, I would’nt be typing this here message, nor would this be in the court system. He would have peeked, seen nothing and we would be reading the story about the octomom being evicted or some other equally amuzing story

    Report Post » FedUpTexan  
  • Rob_M
    Posted on December 27, 2010 at 10:46pm

    Odds are the Palin Saga will be compared against this enough by others so I won’t bother. But as a resdient of michigan I can personally verify the pro-feminism double bias of our (and most of america’s) laws. When my parents got divorced both me and my sister were to stay with our mother despite the fact both of us said we would want to live with our dad in addition to the general taking him to the cleaners.

    Report Post » Rob_M  
  • paperpushermj
    Posted on December 27, 2010 at 10:33pm

    This woman should have a danger sign affixed to her forehead as a warning to other man. Pity her children

    Report Post » paperpushermj  
  • Abilene
    Posted on December 27, 2010 at 10:16pm

    Just one DB sticking her nose where it doesn’t belong as a part of her sisterhood for another DB. I hope she gets hit by a bus and dragged about three blocks.

    Report Post »  
  • the_ancient
    Posted on December 27, 2010 at 10:15pm

    I have a feeling that if it was the women breaking in to the mans account the charges would have been very different (i.e not filed)

    That being said, timing is everything here. If they were infact legally separated already as the excerpt alluded to, and he was not using any community property, or accessed the account from the Gmail web interface (vs reading the email on the “family” computer with outlook) then I would have to agree he violated computer/privacy laws, but there is alot of IF’s there

    Report Post » the_ancient  
  • DavidMasada
    Posted on December 27, 2010 at 10:10pm

    Only in America, hahaha

    Report Post » DavidMasada  
  • CaptainSpaulding
    Posted on December 27, 2010 at 10:06pm

    …meanwhile, the TSA is fondling people at airports and no one cares….

    Report Post »  
  • Silversmith
    Posted on December 27, 2010 at 9:54pm

    If this actually stands I’ll be surprised. This law is being misused here.

    Forest — trees

    Silversmith

    Report Post » Silversmith  
  • mossbrain
    Posted on December 27, 2010 at 9:39pm

    femi-nazi’s on the march,

    How do guys like how if a woman cheats on a man, then has a baby from her whore affairs and later DNA evidence shows it’s not the husbands baby yet he still has to pay child support.

    the soul of a woman was created below, Satan’s concubines, many of them.

    Report Post » mossbrain  
  • Islesfordian
    Posted on December 27, 2010 at 9:38pm

    I don’t know what kind of vows they took, but the ones I am familiar with, and will use whenever I get married, state that everything of the one now belongs to the spouse as well. They are one flesh. There can be no right to privacy between them. In the Scriptures it is said that even their bodies don’t belong to them anymore but rather to their spouse.

    The state is hell bent on distroying the integrity and sanctity of marriage.

    Report Post » Islesfordian  
  • bookofwisdom
    Posted on December 27, 2010 at 9:29pm

    You go girl. Can‘t have too many x’s hanging around, especially those who act like Muslims and beat you. (Just kidding, Are You Crazy. Must be a blond.) May God Bless.

    Report Post » bookofwisdom  
  • Deda1
    Posted on December 27, 2010 at 9:25pm

    This stupid bitch, Oakland County, Michigan prosecutor Jessica Cooper , shouldn’t be practicing law.

    Report Post »  
  • missmarie
    Posted on December 27, 2010 at 9:10pm

    How very sad that “marriage” has turned into a limited partnership agreement lacking respect for one another in so many cases. We really need to return to basic morals and values in this country, trusting your spouse being among them. I love my husband. I thank God every morning when I wake up, put my head on his chest, and feel his heart beating. We live in a free country where we are not forced into marriage – it is a choice and for some of us a precious gift and blessing. To think this lady is on her 3rd husband and cheating again! Clearly, her idea of marriage and mine are very different.

    Report Post » missmarie  
    • the_ancient
      Posted on December 27, 2010 at 11:16pm

      You can not legislate morality, from a LEGAL standpoint that is all a marriage is, a simple contract and SHOULD be seen as that.

      From a personal, religious, or moral standpoint and marriage can be anything you choose it to be.

      To be free, does not mean you can force your beliefs on to others. To be Free means you can do as you please and I can do as I please so long as I do not cause you physical Harm or Defraud you.

      Report Post » the_ancient  
    • missmarie
      Posted on December 27, 2010 at 11:55pm

      @The_Ancient, You are correct, you cannot legislate morality and that some view marriage as a “legal” arrangement – I guess that’s why I said my view is different than others. My marriage is a vocation – a sacramental bond between my husband, myself, and God. Our relationship is so full, we can’t possibly fit societal fad or the justice system in there, too. I wasn’t trying to force my beliefs on anyone, just merely pointing out my viewpoint and lifestyle is different, especially in this case.

      Report Post » missmarie  
    • JGP
      Posted on December 28, 2010 at 1:39pm

      You can legislate morality. Every piece of legislation comes from someones moral view. It depends on your standard of morality.

      Report Post »  
  • Mackie
    Posted on December 27, 2010 at 8:48pm

    My ex’s jackass lawyer tried to sue me because i found all kinds of stuff on “our” computer about her affairs. I was told that i was harming her “good” name! Sure, it was good to her married lovers, but the judge threw out the case because the computer was shared and used by all family members. Her lawyer saw $$ signs and that is what it is all about! Funny thing is, my ex was sooo concerned that i harmed her by printing the suspect emails for the divorce case, she forgot that this was done in open court where anyone could hear and see for themselves what a sl-t she is.

    Report Post »  
  • Goohuman
    Posted on December 27, 2010 at 8:42pm

    So the massive problem of cheating is disregarded as an issue warranting attention, but instead, the offense is use of his wife’s password to read the private emails. I pray this is made right by the divorce courts.

    Report Post » Goohuman  
    • Kaen
      Posted on December 27, 2010 at 8:55pm

      “Honest officer…I was just cleaning it and it went off, I didn’t even realize she was standing there…”

      Report Post » Kaen  
    • T.G.momof3
      Posted on December 29, 2010 at 11:23am

      It won’t be made right in divorce court. Sorry, I’m from Michigan ( moved to Texas recently). I went through a divorce there and am still in a child custody case. The courts there are majorly screwed up. It’s amazing how they can turn the spouse who has been wronged into the villain.

      Report Post »  
  • advent2
    Posted on December 27, 2010 at 8:21pm

    Nothing is sacred anymore. An adulterous wife is protected in her adultery?

    Report Post »  
    • AmericanSoldier
      Posted on December 27, 2010 at 8:55pm

      Adultery is not a criminal offense, so why would she lose her protection as a citizen of the United States of America? Regardless of her moral choices, she should still have an expectation of privacy.

      Report Post » American Soldier (Separated)  
    • Donald J
      Posted on December 27, 2010 at 9:55pm

      AmericanSoldier, you just disgraced what servicemen and women stand for, well, I guess used to stand for, a moral institution of men and women dedicated to defending the Constitution of the United States and the foundations of this country. Obviously if these two are in a marraige then ALL things SHOULD be shared and it is ludicrous that this guy is being charged for this. There should be no secrets in marraige and if one is being unfaithful and gets caught oh well. Since you call yourself a Soldier I am sure you believed that Mr. Clinton and his affair was nobody’s business while he was the Commander in Chief and I was kicking Soldiers out of the Army for infidelity because that is the law under UCMJ therefore he should have hit the road for conduct that was by far unbecoming of a President. Shame on you for riding the progressive train into the tunnel, the light coming at you is not the end of the tunnel, that is the American People standing up against idiots like you.

      Report Post »  
    • the_ancient
      Posted on December 27, 2010 at 11:12pm

      @DonaldJ,

      Where in the Constitution is Marriage? I dont see that clause or amendment.

      Report Post » the_ancient  
    • AmericanSoldier
      Posted on December 28, 2010 at 1:12am

      @DONALD J A disgrace because I merely point out that adultery is not a criminal offense? Show me the contract that outlines that all things be shared, including information, on the marriage license or any other documentation of the marriage. You may have implied rules in your marriage but laws and courts rely on documented evidence. A crime must have happened. Even if the wife is guilty of adultery, at the very most it’s a civil office for a breach of contract.

      I don’t believe what President Clinton did was any of my business. I do know that infidelity is against UCMJ but I’d like to see them enforce it. I‘ve known many soldiers in my own unit exposed for cheating and they didn’t so much as get an Article 15 much less a counseling statement. I don‘t know the exact rules but I don’t believe the POTUS falls under UCMJ, someone correct me if I’m wrong. He should have done the honorable thing and resigned, mostly for lying under oath.

      I still find it funny that because I’m not strict on the ideals and morals of Marriage as you are, I’m somehow a progressive or maybe a Soros plant. Like I’ve said before, I’ll align myself with the ideals of Anarchy before I align myself with the progressives. If you think those are one and the same you need to read a book.

      Report Post » American Soldier (Separated)  
    • DVT
      Posted on December 28, 2010 at 3:45pm

      @americansoldier
      Actually in about 2 dozen states it IS illegal to commit adultery…old blue laws that are hardly ever enforced…but illegal nonetheless. i beleive there was a usa today article on it awhile back.

      Report Post »  
    • LostAndLookingForTheTruth
      Posted on December 30, 2010 at 1:30pm

      @AMERICANSOLDIER
      Sir, the UCMJ applies to military members. The president is the commander in chief but is a civilian. Thus not subject to the UCMJ. I to have members of my unit who have been guilty of Adultry. They have received punishments ranging from verbal counseling, to Article 15, to a Courts Martial.
      As for the article. My wife has my email account password and I have hers.After I read this article. I did a impromptu survey of 11 folks I work with that are married. All of them have the same arrangement. If this was the case in this situation. It is implied consent to read her email. If she did not want him in her email account. She would have changed her email password. Most likely she forgot to do so. Humans are creatures of habit :)

      Report Post »  
  • DMD
    Posted on December 27, 2010 at 8:14pm

    Bill Clinton backed laws

    Report Post »  
  • milo
    Posted on December 27, 2010 at 8:10pm

    Probably should have left the gmail “remember me” cookie – off. He probably didn’t have to login at all.

    Report Post »  
  • The Gooch
    Posted on December 27, 2010 at 8:03pm

    Um, who was harmed in this alleged crime? How did the adulterous wife wish to have her affair exposed? Like gay marriage, this is another excuse for lawyers to meddle in your private life and suck money from the plebes. This prosecutor is an @$$.

    Report Post »  
  • commonsenseguy
    Posted on December 27, 2010 at 8:00pm

    progressive laws!!!! they make the laws on the fly, and make them up when it fits their agenda. i support what this guy done, there should be no secrets when you are married,she is just ticked off because she got caught, now she is mad, well she should just get over it and accept that if she was not cheating,she would not have had to worry about him looking at her little cheating book. and the same for him if he was cheating also.

    Report Post »  
    • AmericanSoldier
      Posted on December 27, 2010 at 8:53pm

      You should have a personal respect enough for your spouse to not keep secrets but there is no law, nor should there be, that requires a spouse to be 100% honest with the other. I believe in individual rights which includes the right of privacy, even if it is from your spouse. Who knows what their marriage dynamics were and who are we to judge that? If she didn’t want him to have access to her personal email account, she has every right to be upset that he accessed it without her consent.

      But, if I read the article correctly, it sounds like they were already doing through the divorce when he accessed her email which adds to her argument for privacy. They already had separate [....] and thus he had no reason to access her emails.

      The scariest part of the defense argument is that they want the courts to agree with them that no one has any expectation of privacy in email. That‘s a precedent I’d rather they NOT make and I’m sure the courts might just be happy enough to approve!

      Report Post » American Soldier (Separated)  
    • Laus Deo
      Posted on December 27, 2010 at 9:56pm

      Using the same reverence for the law, wouldn’t she face charges for adultery? What a P.O.S.

      Report Post » Laus Deo  
    • walkwithme1966
      Posted on December 27, 2010 at 10:13pm

      First of all anyone who has a gmail account is not being very safe about hiding anything. Second how many marriage has the woman had? Sound to me like one big mess. I believe the law is wrong on this one – gmail account are not that safe. http://maboulette.wordpress.com

      Report Post » walkwithme1966  
    • NoRoomForSocialismHere
      Posted on December 27, 2010 at 10:41pm

      Mutual property laws?

      Report Post »  
    • NoRoomForSocialismHere
      Posted on December 27, 2010 at 10:42pm

      Only if legally seperated…is it a private matter

      Report Post »  
    • Jupitor
      Posted on December 27, 2010 at 10:47pm

      @AMERICANSOLDIER, you shouldn’t expect privacy in email whether a court or other lawmaker says you should. Email is inherently not secure or private. Email should be treated the same way you’d send a postcard via snail mail (USPS). ANYBODY who wants to can read whatever is on that postcard. Same for email.

      Report Post » Jupitor  
    • MiketheTrucker
      Posted on December 27, 2010 at 10:59pm

      Let this be a lesson to you! Only big brother is allowed to snoop private internet information. Don’t do as I do, do as I say.

      Report Post »  
    • Cobra Blue
      Posted on December 28, 2010 at 12:46am

      This is what happens when a nation disconnects from its moral anchor. We are adrift on a sea of liberal progressivism….there are no absolutes so anything does and does not go. Down is up and up is down. Right is wrong and wrong is right. We have no foundation for our laws anymore. When you establish a civilization on sand it is constantly shifting.

      Report Post »  
    • AmericanSoldier
      Posted on December 28, 2010 at 1:04am

      @LAUS DEO If anything adultery is a breach in a civil contract between two private parties and is definitely not a criminal offense, at least not in most states as far as I know.

      I definitely understand the concept that email is not that secure but I still believe you should be afforded a certain level of privacy. If you don‘t get caught then you don’t get caught but if you do, you pay a penalty. At the very least a civil lawsuit.

      Report Post » American Soldier (Separated)  
    • Clive
      Posted on December 28, 2010 at 2:40pm

      if you try harder, you can somehow bring obama and soros into this, its probably their fault.

      Report Post »  
    • Jerley
      Posted on December 28, 2010 at 3:07pm

      @ Americansoldier

      Marriage is the merging of 2 people into 1. The concept of Privacy in marriage is a stepping stone to divorce. This is why civil unions for none religious and marriage before god should but be equal to the government, but separate for the moral and the amoral.

      Report Post »  
    • avenger
      Posted on December 28, 2010 at 4:53pm

      silence is golden..why would this dumb ass reveal the source of his information….

      Report Post »  
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