-Caveat Lector-
from:
http://www.zdnet.com/zdtv/newscobrand/features/story/0,3730,2228174,00.html
<A HREF="http://www.zdnet.com/zdtv/newscobrand/features/story/0,3730,2228174,0
0.html">Mitnick to Plead Guilty</A>
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Mitnick to Plead Guilty
The 'Free Kevin' movement may have to wait a bit longer-- hacker Kevin
Mitnick is set to plead guilty to criminal hacking charges.
By Alex Wellen and Luke Reiter March 17, 1999
Get RealPlayer.
8:30 PM Pacific Hacker Kevin Mitnick will plead guilty to
computer-related crimes after more than four years in prison awaiting
trial, according to CyberCrime sources.
The plea is contained in a court document, or "notice," jointly filed by
Mitnick's attorney and federal prosecutors, sources said. The notice
itself was filed under seal and "in camera"-- meaning the subject matter
will be discussed privately between the parties in chambers before US
Federal Court Judge Mariana Pfaelzer.
Mitnick could be released by the end of the year.
The timing for that meeting will depend on Pfaelzer's schedule and could
be as early as Friday.
Assistant US Attorney David Schindler confirmed a notice was filed, but
would not comment on whether it was a plea agreement. Mitnick's
attorney, Donald Randolph, did not respond to CyberCrime inquiries on
Wednesday.
Sources said the plea agreement will place a cap on Mitnick's sentence.
Taking into consideration time already served, he could be released by
the end of the year.
This plea agreement does not involve codefendant Louis DePayne, set to
be tried alongside Mitnick next month. The proposed plea agreement does,
however, call into question DePayne's status-- suggesting that he may
also resolve his case prior to trial. DePayne's attorney, Richard
Sherman, declined to comment Wednesday night.
Mitnick, 35, has been imprisoned in the Metropolitan Detention Center,
Los Angeles for more than four years awaiting trial on computer-related
fraud charges. The 25-count federal indictment issued against Mitnick
accuses him of using computers to steal millions of dollars in software.
Following the September 1996 indictment, Mitnick pleaded "not guilty" to
all counts.
Mitnick pleaded guilty twice before to similar computer crimes, in 1989
and 1996.
In 1989, Mitnick was convicted for stealing computer programs and
breaking into corporate networks, and served eight months of a one-year
sentence. In April 1996, he pleaded guilty to possession of 15 or more
unauthorized access devices (cloned cellular telephone numbers), and for
violating supervised release, and was sentenced to 22-months in federal
prison.
Based in part on his prior two convictions, Mitnick has been detained
without bond since February 1995. The hacker's imprisonment without a
bail hearing, combined with his prison restrictions, has generated a
backlash among Mitnick supporters. Some critics have protested Mitnick's
treatment by attacking websites and posting political messages-- the
most recent earlier this month to a Monica Lewinsky website, and the
most notable of which shutdown the New York Times's website for
approximately nine hours last September.
Mitnick supporters have also criticized the government for delaying the
trial. However, the delays can also be attributed in part to the
defense. Over the last four years, Mitnick has been represented by three
different attorneys-- who, in combination, have filed a half-dozen
motions requested additional information. Mitnick's attorneys have
argued government attorneys have stalled efforts by unreasonably
withholding information requested by the defense.
ZDTV's CyberCrime Bureau-- which includes former prosecutor Luke Reiter,
litigator Alex Wellen, and reformed hacker Kevin Poulsen-- will continue
to bring you coverage.
· Mitnick Trial Postponed
· Mitnick Trial Delay?
· Meet Mitnick's Prosecutor
· Free Kevin Mitnick
· Mitnick's Ninth Circuit
· Free Kevin Site
· Click here to bid on hardware-related merchandise at eBay
· Make your next purchase with a NextCard Internet Visa. Click
here!
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