Kernell Moves from Club Fed to Halfway House

Email intruder's projected release date is November 23rd.
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The son of a Democrat state legislator from Tennessee, convicted of hacking Sarah Palin's e-mail account, has been released from a low-security federal prison and is now biden' his time in a halfway house:

A spokesperson with the Federal Bureau of Prisons said David Kernell is no longer at a minimum security camp in Ashland, Kentucky and is now under the jurisdiction of Nashville Community Corrections.

According to the Bureau, Kernell is now living in a halfway house "or residential confinement" at an undisclosed location in Tennessee or Kentucky. He is scheduled for release on November 23rd.

- JP

Hacker David Kernell goes to camp

"Hard" time? Not exactly...
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The 23-year old son of a Democratic Tennessee state legislator, David Kernell, has begun his term in a dormitory-like, unfenced federal resort prison, a Bureau of Prisons spokesman said Thursday. Kernell was convicted last year of unauthorized access of a computer and obstruction of justice by hacking into Sarah Palin's e-mail account in September 2008:

Kernell reported on Monday to serve a term of a year and a day at the minimum security facility in Ashland, Kentucky, Bureau of Prisons spokesman Edmond Ross said.

"He'll be expected to work in food service or landscaping or any number of jobs the staff will assign him," Ross said. Ross said all inmates must work, if medically cleared.

[...]

Kernell is living in an open dormitory and inmates have access to educational, religious and other types of programing as well as recreational opportunities and social visits with persons who are cleared, Ross said. While there are no fences, all inmates are supervised at all times, Ross said.

Great opportunity to work on his tennis game...

- JP

'Obamacrat' David Kernell sentenced to 366 days

Plus three years probation
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A federal judge has sentenced the son of Tennessee state Rep. Mike Kernell (D-Memphis), convicted of hacking Sarah Palin's e-mail, to one year and one day in federal custody, according to a report by Knoxville television station WBIR:

David Kernell was arrested in 2008 for hacking the former Alaska governor's e-mail.

He recommended that Kernell serve his time at the Midway Rehabilitative Center on Magnolia Avenue in Knoxville, but that will be determined by the Federal Bureau of Prisons.

The judge also sentenced Kernell to three years probation.

Kernell will turn himself in at a later date.

Defense attorney Wade Davies had filed motions seeking probation at the sentencing, contending Kernell used publicly available information to guess his way into the e-mail in a prank. Prosecutors said the hacking was motivated by Palin's status as a governor and candidate for vice president.

Last spring, a federal jury found Kernell guilty of obstruction of justice and unauthorized access in the breach of Sarah Palin's e-mail this April. He gained access to her account in September 2008.

[More]

A former University of Tennessee student, Kernell described himself on his Facebook page as an "Obamacrat." He was a member of UT for Barack Obama.

- JP

Kernell's conviction stands in Palin hacking trial

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A federal judge has denied the son of a Tennessee state lawmaker's motion to have his convictions thrown out in the illegal access of Sarah Palin's personal e-mail account during the 2008 presidential election.

But the lawyer for David C. Kernell, son of Democrat Mike Kernell, may be able to get his client's sentencing, scheduled for next month, delayed. Defense attorney Wade Davies is appealing the ruling by U.S. District Judge Thomas Phillips, issued Thursday, to the 6th Circuit U.S. Court of Appeals:

Kernell figured out the answer to Palin's password security account courtesy of Google and Wikipedia, changed the password, gained access to the account and boasted about it on a popular Internet discussion board.

Davies argued it was nothing more than a college prank by a rank computer amateur. Federal prosecutors assigned a more sinister motive, arguing Kernell, the son of long-time Memphis Democratic state Rep. Mike Kernell, went searching for politically damaging information but came up empty-handed.

The feds slapped Kernell with four felony charges. At his trial in April jurors rejected a wire fraud charge outright, reduced a felony illegal e-mail access charge to a misdemeanor, deadlocked on an identity theft count and convicted Kernell of the felony charge of anticipatory obstruction of justice.

In a motion asking Phillips to toss out the two convictions, Davies argued the government came up short in proving Kernell's panic-stricken bid to clear his computer of evidence just hours after his e-mail foray was designed to throw the FBI off his trail.

[...]

Phillips disagreed, however.

"While (Kernell) did not destroy his computer, the evidence at trial showed that Defendant attempted to delete images that he downloaded from the account (including images of Governor Palin's family, and screen shots of the Account)," Phillips wrote. "Defendant also uninstalled his web browser and cleared the internet cache from the internet browser.

"… A rational trier of fact could conclude that such actions were done in an attempt to hide his conduct. Considering the totality of the evidence, and viewing such evidence in the light most favorable to the government, the Court finds that the government presented sufficient evidence at trial that the Defendant acted with the intent to impede, obstruct, or influence the investigation of a matter by or within the jurisdiction of the FBI."

Barring any further delays, Kernell will be sentenced Oct. 29. He faces only 15 to 21 months in jail, but Davies is expected to push for probation for his client.

- JP

Judge to Kernell: See you in September

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The son of Tennessee Democrat state lawmaker Mike Kernell, convicted of illegally breaking into Sarah Palin's private e-mail account and sharing its content on the Web, will learn his fate in less than 100 days:

U.S. District Judge Thomas Phillips on Wednesday set a Sept. 24 sentencing hearing for David C. Kernell, who likely faces a penalty range of 15 to 21 months.

The stakes had been much higher. Kernell was charged with four felony charges in connection with his foray into Palin's personal Yahoo! e-mail account during the 2008 presidential campaign. But after an April trial that drew national media outlets to Knoxville to see Palin herself take the witness stand, an East Tennessee jury rejected one felony charge for a misdemeanor, acquitted Kernell outright of another and failed to reach a verdict on a third.

The jury refused to budge, however, on the felony charge of obstruction of justice in anticipation of a federal investigation, deeming him guilty of allegations he tried to clean his computer of incriminating evidence in the hours after he guessed his way into Palin's account.

Kernell's attorney Wade Davies tried to convince the judge Wednesday to toss out the obstruction conviction, but Phillips said he will issue a written ruling on the motion soon.

- JP

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