Crime

Will Convicted Palin Email Hacker Avoid Jail Time?

CHATTANOOGA, Tenn. – A former Tennessee college student convicted of hacking Sarah Palin’s e-mail in 2008 is seeking probation but federal prosecutors contend he should go to prison for trying to “derail a national election.”Will Convicted Palin Email Hacker Avoid Jail Time?

Prosecutors in a court filing ahead of David Kernell’s Nov. 12 sentencing hearing in Knoxville recommend 18 months imprisonment “to reflect the seriousness of the defendant’s conduct, promote respect for the law and provide just punishment.”

Defense attorney Wade Davies disagreed, filing a motion that says probation is justified, partly because of the 22-year-old former University of Tennessee student’s youth. Part of the motion for probation is filed under seal. Documents say only that it includes protected health information from treatment Kernell received as a juvenile.

A jury in April convicted Kernell on charges that include unauthorized access to a protected computer and destroying records to impede a federal investigation. The maximum possible penalty for destroying or concealing records to impede an investigation is 20 years, according to the government’s sentencing memorandum. Applying sentencing guidelines to Kernell, however, the memorandum says the penalty ranges from 15 months to 21 months.

Davies said that instead of destroying evidence as prosecutors contend, Kernell helped preserve computer records and left an easy trail for them to follow.

Jurors at the trial acquitted Kernell of wire fraud and deadlocked on an identity theft charge.

“The public humiliation, trial, and felony conviction are enough to deter any future violations of the law,” according to the defense motion.

Neither Davies nor the chief prosecutor at the trial, Assistant U.S. Attorney Greg Weddle, returned telephone messages seeking comment Monday.

The former Alaska governor and her daughter Bristol testified that the hacking, followed by Kernell’s online bragging and providing the password and Palin family telephone numbers to others, caused them emotional hardship. Palin previously declined comment about Kernell’s sentence and said it should be up to the judge.

The prosecutors’ pre-sentence filings said Kernell, a Democratic legislator’s son, said: “I read through the e-mails … all of them … before I posted, and what I concluded was anticlimactic, there was nothing there, nothing incriminating, nothing that would derail her campaign as I had hoped, all I saw was personal stuff, some clerical stuff from when she was governor … And pictures of her family … I read everything, every little Blackberry confirmation … all the pictures, and there was nothing…”

Prosecutors said Kernell had no prior criminal conviction but their sentencing memorandum includes a reference to 2001 when Kernell and another student at a middle school guessed a password and gained access to school records that included lesson plans. The memorandum shows Kernell was “determined to be responsible” for the unauthorized access.

Comments (56)

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  • kschmud
    Posted on November 1, 2010 at 9:24pm

    Historically, I think most computer hackers tend to be of a younger age – are they not? So this is not a good message to send. The punishment should include jail time 1) to send a message to all computer hackers…and 2) because the family is politically connected…jail time would also send the message that no political favors took place.

    Report Post »  
  • RightPolitically
    Posted on November 1, 2010 at 9:17pm

    To DMD: I understand your frustration with this guy but let us show more class than Leftists would. I hate Obama’s policies and his “take” on America too.

    Report Post » RightPolitically  
  • DMD
    Posted on November 1, 2010 at 8:54pm

    He is a smug little liberal boy who would make a great bottem in the pen.

    Report Post »  
  • OBAMAWORSHIOER
    Posted on November 1, 2010 at 8:30pm

    Not to jail. Make him work in her next camapign at his own expense and on the dirtiest of jobs that can be assigned. If he refuses, then fine him so that when he “graduates” he will have a big bill to pay off. Then make sure every college student and hacker learns about this.

    Report Post »  
  • mikedy
    Posted on November 1, 2010 at 8:14pm

    Can you imagine if a conservative would have done this to the Obama campaign? The other side would be screaming not for jail but for the death penalty!!

    Report Post »  
  • youngwitty
    Posted on November 1, 2010 at 8:07pm

    My opinion, if Obama had anything incriminating in his email we would be praising the little punk that derailed him, no double standards here guys. I know we all respect Palin and it sucks that a little democrat worm got his hands on her emails. . . But Palin true to who she is had nothing underhanded going on behind the scenes. I would love to see Obamas emails pass that stress test. Anyway the kid is young, the kid is smart, more power to him he does what journalist should do.

    Report Post »  
    • RavenGlenn
      Posted on November 2, 2010 at 4:13am

      Wrong. While we’d be glad that he found something, he‘d still have to serve time in prison and I’d be right there to applaude him serving his time. He broke the law, plain and simple. There is no double standard.

      This wasn’t journalism. This was an attempt to help his party affiliation with incriminating evidence that he illegally obtained. In fact, his search was so illegal that if he had found that she murdered someone, it wouldn’t be usable to prosecute. So if he found anything truly bad enough to even THINK about warranting this illegal search, it’d be worthless outside of public image. And at that point his credibility is non-existant anyway.

      Throw the idiot in jail so we get another one of the ‘internet tough guys’ off the net. I don’t care which side you are on. If anyone hacks into democrat computers, through them in a cell right next to this idiot.

      Report Post »  
  • dontbotherme
    Posted on November 1, 2010 at 7:57pm

    If you commit a crime you must suffer the consequences, or the pain or problems caused by your crime mean nothing. He owns the crime – he owns the jail time.

    Report Post »  
  • 13thGenerationAmerican
    Posted on November 1, 2010 at 7:46pm

    I think they should sentence him to 24 hours of non stop sarah palin tapes. I guarantee you he would never do that again although I would rather opt for water boarding.

    Report Post » 13thGenerationAmerican  
  • mamawalker
    Posted on November 1, 2010 at 7:43pm

    I am more inclined to make him be under house arrest for two years and do community service that Sarah Palin lines up – let her pick what organization he has to help for those two years! Let the punishment help some organization rather than just cost the taxpayers money to feed and house him!

    Report Post »  
  • TexasArmyMomx2
    Posted on November 1, 2010 at 6:45pm

    I *really* hope he gets jail time. Kernell used to be my neighbor (during his middle school hacker years). He lived with his mom. (I never knew his dad, but even if daddy wasn’t a politician, I think he would have done it ~ this was his kind of thing.) I watched him as he was saved/rescued/protected from every stinking consequence he should have lived with. It’s no wonder he believed he could and should do such a thing. Jail time might help him learn the lesson he should have learned when he was 12 ~ before he does something even worse.

    Report Post »  
  • BigAlSouth
    Posted on November 1, 2010 at 6:41pm

    If he gets six months, he will likely spend it in a county jail in the Fed Holdover Section. More time, he will likely go to a Fed Prison Camp, many of which have no fence. I predict a year and a day sentence, allowing the little shift to get some good conduct time and halfway house.

    Report Post » BigAlSouth  
  • neverending
    Posted on November 1, 2010 at 6:18pm

    My guress is he will get off – if the black panthers get off and berth with acorn gets off – is there any reason to even ask the question

    Report Post »  
  • PhilipJames
    Posted on November 1, 2010 at 6:15pm

    Not jail, but some really harsh community work… like cooking and feeding the homeless at a shelter for 1 year, early every friggin weekend so it screws up his night life. Start at 8 AM on Sunday cooking breakfast and then lunch, wash dishes and clean up. Spend at least 4 – 5 hours each time. That would teach the little dork a lesson a lot better than throwing him in jail and creating sympathy for him. Besides, what good would that do anyway… why not have something positive come out of it.

    Report Post »  
  • the hawk
    Posted on November 1, 2010 at 6:13pm

    Put Daddy’s little PUNK in JAIL………………..

    Report Post »  
  • Taquoshi
    Posted on November 1, 2010 at 6:12pm

    I do think he deserves to spend time in jail. He knowingly hacked a state governor’s email with malious intent – by his own admission. That’s a crime. Our local police department has the poster of “Commit the crime – spend the time” in the back hallway where the suspects are held pending bail. It’s there for a reason.

    Report Post » Taquoshi  
  • KenInIL
    Posted on November 1, 2010 at 6:10pm

    The young man ought to go to jail. Obviously he was got a bye in grade school for breaking into the school‘s files so now he shouldn’t because of the implications. Probation only means he shouldn’t be caught again, but he can teach others. He really needs that 18 months in jail where he will literally become of ******* buddies with a wide variety of folks. It will be an experience he will not forget. It will be an example for any of those who contemplate this sort of “white collar” crime.

    The sad thing for me is we aren’t seeing more election related fraud being prosecuted, from the caucus fraud and Black Panther intimidation in ‘08 to Jackson-Lee’s electioneering this election

    Voting results need to be put “online” so anyone can audit there own vote (using a randomly generated id receipt) and anyone can download any election raw data (as XML files – this web page is an XML file) and count the votes themselves.

    Report Post »  
  • Rational Man
    Posted on November 1, 2010 at 6:05pm

    WHAT!!!
    He’s not in jail yet?!!

    Report Post » Rational Man  
  • Soros_is_the_Devil
    Posted on November 1, 2010 at 5:42pm

    >>includes a reference to 2001 when Kernell and another student at a middle school guessed a
    >>password and gained access to school records that included lesson plans.

    This shows a pattern. He probably got off with a stern lecture at the school and apparently he didn’t learn his lesson. Like the others here… I doubt he’ll see the inside of a jail. His “Daddy” is too well connected to let that happen.

    Report Post »  
  • Teezer
    Posted on November 1, 2010 at 5:39pm

    “I read through the e-mails … all of them … before I posted, and what I concluded was anticlimactic, there was nothing there, nothing incriminating, nothing that would derail her campaign as I had hoped, all I saw was personal stuff, some clerical stuff from when she was governor … And pictures of her family … I read everything, every little Blackberry confirmation … all the pictures, and there was nothing…”

    Since when is willfully breaking the law and violating someone’s privacy, whether they are a public figure or not, and not finding anything a viable defense? And having charges brought and essentially slapping the offender on the wrist being a deterrent to future actions by others doing the same thing? Ummmm, nope.

    Report Post » Teezer  
  • cheezwhiz
    Posted on November 1, 2010 at 5:22pm

    filing a motion that says probation is justified, partly because of the 22-year-old former University of Tennessee student’s youth.
    —————-

    So the message to potential criminals is :
    If you want to commit serious crimes, commit them when you are young

    Report Post » cheezwhiz  
  • roberja
    Posted on November 1, 2010 at 5:22pm

    Don‘t do the crime if you don’t want the time. All actions have consequences.

    Report Post »  
    • 123gone
      Posted on November 2, 2010 at 12:41am

      Roberja – You’re absolutely right. This creep is an adult and a repeat offender. Where did this government memorandum come from that says he gets special treatment? He is a crook and anything less than five years is just flat wrong. His Democratic father may have even put him up to it. …Or maybe that is the source of the memorandum?

      Report Post »  
  • OK3Wire
    Posted on November 1, 2010 at 5:16pm

    “… Kernell, a Democratic legislator’s son…”

    No, he’ll not see the inside of a jail cell, sadly.

    Report Post » OK3Wire  
    • HKS
      Posted on November 1, 2010 at 5:46pm

      The fact of his political ties is alone enough to justify hard time, a higher standard would be expected here. Now that is a tall statement. Have you ever seen a politician held to a higher standard.

      Report Post » HKS  
    • 82dAirborne
      Posted on November 2, 2010 at 12:04am

      Yes just about anyone with an (R) after their name!!!! In 2052 some will blame W for whatever the current problems might be.

      Report Post » 82dAirborne  
  • RAISINGCONSERVATIVES
    Posted on November 1, 2010 at 5:16pm

    “nothing that would derail her campaign as I had hoped”

    That statement alone shows the how vicious this guy is. There was intent to harm. Throw his butt in jail!!!

    Report Post »  
  • Awakenow
    Posted on November 1, 2010 at 5:16pm

    Tanpering with an American election by invading a candidates privacy with the intent to influence an election, not only should he do time he should placed in a cell with the two black panthers for a long long time.

    Report Post » Awakenow  
  • NHABE64
    Posted on November 1, 2010 at 5:10pm

    I do not think he should go to jail. Instead send this little bonehead to Singapore for some real justice. 12 strokes of the cane. Now THAT would make quite an impact (literally) on this arrogant little criminal. Singapore knows how to take care of little dirtbags like this. Just my humble opinion.

    Report Post »  
    • tobywil2
      Posted on November 1, 2010 at 5:21pm

      GREAT IDEA!!!! http://commonsense21c.com/

      Report Post » tobywil2  
    • MAULEMALL
      Posted on November 1, 2010 at 5:58pm

      Let him be bubbas babe for a couple months,,,

      Report Post » MAULEMALL  
    • vic138
      Posted on November 1, 2010 at 7:06pm

      He should go to jail along with gloria allred for 6 months to think about what they’ve done.

      Report Post » vic138  
    • gillfish
      Posted on November 1, 2010 at 7:57pm

      i think this punk needs the msnbc jail /buba lean forward, just a bit more yea now ur bent over,he will probably like prison yea just send him to singapore

      Report Post »  
    • Stuck_in_CA
      Posted on November 2, 2010 at 7:49am

      Book-um Danno. Empty your pockets…..

      Report Post » Stuck_in_CA  
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