Saturday, September 5, 2009

Meanwhile, back in Tennessee

Lest we forget, the case of hacking Sarah Palin's e-mail account continues in the Volunteer State, where David C. Kernell, the son of State Rep. Mike Kernell, a Democrat, is the defendant. One reason it is plodding along is young Kernell's lawyers have tried a variety of legal maneuvers, the most recent of which was to request that they be allowed to "poll potential jurors via a questionnaire that would examine, among other things, their political leanings and attitudes about Palin," according to a Knoxville News Sentinel report.

U.S. Magistrate Judge Clifford Shirley, presiding, would not allow it:
"The court finds that what little benefit would be gained by the use of a jury questionnaire is greatly outweighed by the burden such a questionnaire would impose on potential jurors," Shirley wrote.

Attorneys Wade Davies and Anne Passino earlier this year sought to use a jury questionnaire to prescreen potential jurors. Davies cited extensive publicity surrounding the case and Palin herself, who Davies said is a polarizing political figure.
So the keyboard warrior's defense team will will have to question potential jurors face-to-face.

Meanwhile, some new details about the case have emerged:
In recently filed court records, the U.S. Attorney's Office revealed that Kernell allegedly boasted of his plans to access Palin's e-mail account to his UT roommates, who, in turn, have given statements to the FBI and likely will end up on the government's witness list at Kernell's Oct. 27 trial.
Yikes, that wasn't too bright. It takes away the argument that he just got caught up in the moment with some other hackers whom he was trying to impress. On the contrary, bragging to his college buddies about his intent to hack into the former governor's personal e-mail account smacks of pure premeditation.

We wonder if young David was just trying to make his Democrat dad proud.

- JP

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