11/12/2010
A federal jury in Knoxville has convicted David Kernell, 22, of two charges in connection with the 2008 episode where he accessed the personal e-mail account of vice presidential candidate Sarah Palin and then initiated a worldwide rummaging of its contents.
Kernell was found guilty of computer fraud - a misdemeanor subject to a prison term of up to one year -- and obstruction of justice, which carries a maximum 20-year sentence. He was found not guilty of wire fraud and the jury deadlocked on a fourth charge of identity theft, according to a report by WBIR.com.
The trial started April 20 and jurors had begun their deliberations on Tuesday.
Earlier today it had been reported that the jury had reached unanimous decisions on three of the four counts lodged against Kernell, but remained deadlocked on the fourth, which accused him of having committed identity theft.
Before the trial started, a judge had rejected a pre-trial motion from the defense contending that Palin's e-mail address and password could not constitute her "identity" for purposes of identity theft, because anyone could register any name they want online. Whether that issue had anything to do with the delay in reaching a verdict was not clear.
However, there was indication that some jurors were frustrated with how a few of their colleagues were conducting their deliberations, with a note from the panel reading: "Some of us feel not all jurors are following jury instructions."
The case has drawn international attention because its cast of characters include not only mega-celebrity Palin, 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 disseminating the e-mail and pictures from Palin's account.
The media has been in full feeding-frenzy mode for two weeks.
(Update: Palin compares her victimization in this case to Watergate, writing 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:
Kernell's fate rested on the shoulders of U.S. Dist. Judge Thomas Phillips, who was pressed by Davies to give Kernell probation for misdemeanor illegal access and felony anticipatory obstruction of justice convictions. Federal prosecutors, on the other hand, urged an 18-month prison term.
Phillips rejected both.
Instead, he ordered a prison term of one year and a day but recommended the U.S. Bureau of Prisons allow Kernell to serve that sentence at the Midway Rehabilitation Center in Knoxville. The bureau isn't bound by the recommendation, but the agency typically honors such judicial requests.
The judge said Kernell, who now is attending Pellissippi State Community College, can continue his studies as he serves his sentence.
Kernell apologized to the Palin family.
"I'm not going to make any excuses," he told Phillips. "For the rest of my life, I'm going to be ashamed and guilty for what I've done."
The courtroom was packed with Kernell's family and friends. The Palins did not attend, although both Sarah Palin and daughter Bristol penned victim impact statements reviewed by the judge before sentencing. Those statements have not yet been entered as part of the public record.
Kernell had been charged with four major felonies, one of which would have carried a mandatory prison term. However, a jury in April acquitted him of wire fraud, deadlocked on identity theft and deemed him guilty of a lesser misdemeanor charge in accessing Palin's e-mail.
The panel did award the government a victory on the fourth charge, namely that Kernell deleted files from his computer.
He had boasted of the e-mail access on an Internet discussion board and posted a new password to the account.
After reading reports that Palin used her personal account for official business in her role as Alaska governor, Kernell decided to surf the Web in search of the answer to her password security question.
After successfully guessing the password, he changed it and posted it online along with screenshots of some Palin family photographs and a few e-mails.
U.S. Justice Department attorney Mark Krotoski argued Friday that Kernell was no mere curiosity-seeker.
"It was a political act with a political motive -- to derail a political campaign," he said.
Davies argued that Kernell was a kid who acted foolishly and impulsively.
"David Kernell is more than the facts of this case. He did something absolutely wrong and he acknowledges that," Davies said.
Although the trial drew national attention with Sarah Palin as the victim, Phillips said he was not swayed by her celebrity in fashioning a sentence.
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