Defense requests retrial for Kernell on ID theft charge

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Prosecutors say the son of a Tennessee state legislator could face a retrial for identity theft if a defense request for another trial is granted. The jury hearing the case against David Kernell, son of Democrat Mike Kernell, ruled on three other charges, but could not reach a verdict on the count of identity theft:

David Kernell, 22, was found guilty April 30 in federal court in Knoxville of obstruction of justice and unauthorized access to a computer, but acquitted of a wire fraud charge for hacking Palin's account as she campaigned on the Republican ticket in 2008. The jury deadlocked on an identity theft charge.

Assistant U.S. Attorney Greg Weddle on Friday noted defense motions requesting a retrial. He said that only if a new trial were granted on either of the two charges that resulted in conviction would the identity theft case also be retried.

Defense attorney Wade Davies declined comment Friday about his motions for a retrial. During the trial he made motions for a mistrial and now has numerous appeals pending before the 6th U.S. Circuit Court of Appeals.

U.S. District Judge Thomas Phillips, who presided over the nine-day trial in which Palin was the star witness, has not scheduled a sentencing date or a hearing on the motions.

Kernell could face up to 20 years in prison on the obstruction conviction. The misdemeanor count of unauthorized access to a computer could add a maximum of an additional year to a possible prison sentence.

- JP