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 sentencing set for November 12

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The son of state legislator Mike Kernell (D-TN) who was convicted of breaking into Gov. Palin's email account wants a federal judge to grant him probation rather than send him to prison for his crimes at his sentencing hearing next month:

David C. Kernell's request for a downward departure comes six months after a federal jury found him guilty of felony obstruction of justice and a misdemeanor count of unauthorized access to a computer. The same jury acquitted Kernell on a felony charge of wire fraud and deadlocked on a charge of identity theft.

The conviction carries a maximum sentence of 20 years in prison and a $250,000 fine. Sentencing guidelines in the case recommend that Kernell receive 15 to 21 months in prison, and the government has asked for 18 months. Sentencing is scheduled for November 12.

In a memorandum filed on Tuesday, Kernell's attorneys argued that although their client deleted some computer files after accessing Palin's account, he should not go to prison because he allowed much of the data to be preserved.

[...]

In a sentencing memorandum filed on Wednesday, federal prosecutors outlined a series of steps Kernell took following the hack to cover his tracks. They included the deleting of images and emails he downloaded from Palin's account, the removal of temporary internet files, and running a disk defragmenter.

[More]

- 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

Sarah Palin: 'A just verdict'

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On her Facebook Notes page, Sarah Palin has commented on the federal jury's verdict in the Tennessee trial of the son of a Democrat state legislator:

The Hacker Case Verdict

My family and I are thankful that the jury thoroughly and carefully weighed the evidence and issued a just verdict. Besides the obvious invasion of privacy and security concerns surrounding this issue, many of us are concerned about the integrity of our country’s political elections. America’s elections depend upon fair competition. 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.

I want to thank the public servants who worked so hard on this case, particularly the jurors who gave up precious time from their jobs and families to listen to the evidence and reach a decision.

My family and I appreciate the good people of Knoxville, Tennessee, who showed us true Southern hospitality. We can’t wait to visit again – but without having a subpoena in hand.

- Sarah Palin

- JP

Jury convicts Kernell on two counts; mistrial declared on another (Updated)

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A federal jury this afternoon convicted the son of a Democrat state legislator who intruded into Sarah Palin's e-mail email account on the felony count of destruction of records to hamper a federal investigation and the misdemeanor charge of unlawfully obtaining information from a protected computer. The panel acquitted 22-year-old David Kernell, of felony wire fraud. The judge declared a mistrial on the count of felony identity theft after the jury remained deadlocked on Kernell's guilt or innocence on the fourth charge:

Assistant U.S. Attorney Greg Weddle said federal prosecutors would decide next week if they would retry the former University of Tennessee economics major on that charge.

Phillips said he would set a sentencing date after prosecutors make that decision.

Kernell and his family left the federal courthouse without comment. His attorney, Wade Davies, said they would issue a statement later.

Kernell remains free on bond.

Read the full story at the Knoxville News Sentinel.

Update: The DOJ news release is here.

- JP

Jury has reached verdicts on 3 of 4 charges against Kernell (Updated)

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From the courtroom where David Kernell is on trial, Jim Balloch of the Knoxville News Sentinel reports some progress by the jury:

Federal court jurors reported today they have reached a verdict on three of four charges against former University of Tennessee student David C. Kernell, accused of illegally accessing the private e-mail account of 2008 GOP vice presidential candidate Sarah Palin.

But they also reported they are deadlocked on the first count, a charge of identity theft.

Without asking what their verdict is on the other counts, U.S. District Judge Thomas W. Phillips sent them back to the jury room to continue deliberating the first count.

In their written communication to the judge this afternoon, the jurors said: "Some of us feel not all jurors are following the jury instruction."

Update: The jury has called it a day:

Federal court jurors will return Friday to continue deliberations against former University of Tennessee student David C. Kernell, accused of illegally accessing the private e-mail account of 2008 GOP vice presidential candidate Sarah Palin.

The jurors told U.S. District Judge Thomas W. Phillips shortly after 4 p.m. this afternoon they wanted to go home and wanted to resume deliberating Friday morning

- JP

Day 3: Kernell jury reviewing identity theft law

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Now in its third morning of deliberations, the East Tennessee jury pondering charges against alleged e-mail snoop David C. Kernell requested a copy of the federal law governing identity theft so they could review it:

After some discussion with lawyers, U.S. District Court Judge Thomas W. Phillips decided today to give them a copy of the law - with some sections blacked out that he said are irrelevant to the case.

Jurors then indicated they wished to go to lunch. The panel is expected to resume deliberations at 1 p.m. today.

Kernell, 22, a former University of Tennessee student, is charged with illegally accessing the personal e-mail account of 2008 GOP vice presidential candidate Sarah Palin. Formal charges consist of identity theft, wire fraud, unlawfully obtaining information from a protected computer, and destruction of records to hamper a federal investigation, all of which are felonies.

Only the third count includes a lesser misdemeanor charge as an option for the jurors.

They've been deliberating the case since Tuesday morning.

- JP

No verdict after two days of deliberation by Kernell jury

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The Knoxville News-Sentinel's Jim Balloch reports still no verdict by the Kernell jury:

After two days of deliberations, federal jurors remain unable to reach a verdict over whether former University of Tennessee student David C. Kernell illegally accessed the private e-mail account of former Alaska Gov. Sarah Palin.

U.S. District Judge Thomas W. Phillips told the panel of East Tennesseans about 4:30 today to go home and return to court Thursday morning. He made no inquiry about their progress.

They began considering the case against the 22-year-old man Wednesday morning. They've deliberated more than 10 hours.

- JP

Jury will resume deliberations Wednesday in Kernell trial

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The Knoxville News-Sentinel's Jim Balloch reports:

Jurors have just ended their deliberations - after a total of about 5 1/4 hours today - on federal charges against David C. Kernell, the former University of Tennessee student accused of breaking into and snooping through former Alaska Gov. Sarah Palin's private e-mail account in 2008.

Just a few minutes ago, jurors had asked the judge a question - they'd wanted guidance on the legal definition of "access" to a computer.

U.S. District Court Judge Thomas Phillips told jurors that that was their decision and referred back to his original instructions.

The jurors resume deliberations at 9 a.m. Wednesday.

- JP

Kernell case goes to the jury

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The Knoxville News-Sentinel reports that David Kernell's fate is now in the hands of the jury:

Jurors are weighing four counts this morning against David C. Kernell, the former University of Tennessee student accused of breaking into and snooping through former Alaska Gov. Sarah Palin's private e-mail account in 2008.

The panel left a U.S. District Court courtroom downtown about 9:50 a.m. to begin pondering Kernell's case after hearing jury instructions. Judge Thomas Phillips said he anticipated breaking for lunch about 11:45 a.m. if no verdict had been reached by then.

Jurors began hearing testimony last week in the trial of the former University of Tennessee student and son of a Democrat state legislator charged with four felony counts including identity theft and wire fraud. If convicted on all four charges , Kernell faces a maximum possible penalty of 50 years in prison.

- JP

Defense rests after Kernell decides not to testify (Updated)

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Lawyers for David Kernell rested the defense's case Monday without calling the defendant to the stand to testify. The son of a Democrat Tennessee state legislator is charged with four felony counts, including identity theft and mail fraud for breaking into former Alaska Gov. Sarah Palin's private Yahoo! e-mail account in 2008 and posting her messages, contact lists and private telephone numbers of her friends and family members on the Web:

Federal prosecutors allege Kernell, 22, was trying to derail Palin's campaign as the GOP vice presidential running mate to Arizona Sen. John McCain when he accessed the account.

Kernell had the weekend to consider whether to testify after prosecutors rested their case Friday. The lead witness Friday in the U.S. District Court case was Palin herself, who said Kernell's alleged crimes had disrupted her life and the lives of her family.

[...]

Defense attorney Wade Davies argues what Kernell did was a college prank.

It appears that young Kernell didn't want to have to face cross-examination by the prosecutors for the details of his harmless little "college prank."

Update: Both sides have presented their closing arguments, and the case will go to the jury Tuesday.

- JP

Quote of the Day (April 24, 2010)

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Tennessee Guerilla Women:

"Kernell is apparently enjoying the attention, or so it seems in light of his incredibly self-centered juvenile remark about Bristol Palin not being his type. Gawd help the women who are this arrogant young fool's 'type.'"

- JP

Gov. Palin testifies in Kernell mail fraud case

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Sarah Palin testified Friday against the son of a Tennessee state legislator on trial for breaking into her e-mail account. Gov. Palin said that the theft of her email identity compromised how she had been communicating with her family during the 2008 presidential campaign:

Palin told jurors she was in Michigan campaigning as the Republican vice presidential candidate when she first learned from a news report that her e-mail had been hacked. A few minutes later, her campaign manager and a Secret Service agent told her the report was true, she testified.

David Kernell, the defendant in the case, could go to prison for as many as 50 years if convicted of the four felony charges, including identity theft and mail fraud.

The former Alaska governor said she used the "gov.palin" Yahoo! account and a red Blackberry almost exclusively to communicate with her family in Alaska while she was campaigning as the Republican vice presidential nominee.

[...]

Palin's husband, Todd, listened as she testified. Their daughter Bristol testified earlier this week that she got harassing calls and text messages after screen shots of e-mail from the account revealed her cell phone number.

At Frankly Speaking, Terry Frank has a photo posted of Gov. Palin as she was about to enter the courtroom.

WBIR has more here, including a web video of Gov. Palin answering some questions from the media as she was leaving the courthouse. An ABC News story and video are here, and the Knoxville News Sentinel's report and a photo are here.

- JP

FBI: Evidence suggestts to Kernell tried to cover his tracks

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The Knoxville News Sentinel reports on Day 3 of the Kernell identity theft trial:

Files were deleted, the Internet history dumped and folders emptied a day after former Alaska Gov. Sarah Palin's private e-mail account was illegally accessed, testimony showed today.

Federal jurors this afternoon heard from FBI Agent Stephen McFall, a computer expert who examined the laptop of former University of Tennessee student David C. Kernell.

McFall told jurors that screenshots and photographs gleaned of and from Palin's account had been deleted. A folder labeled "Palin" had been cleaned out, he said. Internet history information also had been cleansed, McFall testified.

"They were all deleted," he said.

His testimony came as prosecutors sought to show that Kernell tried to obstruct the FBI probe into his alleged illegal foray into Palin's account.

According to an Associated Press story, former Gov. Palin could testify as early as Friday at the trial.

- JP

Bristol: Crank calls started after her cell phone number posted on Web

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Sarah Palin's eldest daughter told jurors Wednesday she was harassed by calls and texts to her cell telephone after her number was posted on the Internet by someone who illegally accessed her mother's e-mail account:

"I got a few anonymous phone calls," Bristol Palin testified. "I checked my caller ID. It said an unknown number. When the phone calls kept coming through the night, it got more suspicious - different tones of voice, different area codes."

Bristol Palin's cell phone number was included in a screenshot of Sarah Palin's inbox that wound up on the Internet and, later, broadcast news networks.

Bristol Palin said her phone was essentially under siege for a week before she turned it over to the U.S. Secret Service.

[...]

Sarah Palin and her husband, Todd, are expected to testify this week, perhaps as soon as Thursday, in the U.S. District Court trial.

In other testimony on the trial's second day, Palin friend and one-time employee Ivey Frye told jurors that she and others received vulgar and threatening e-mails after news spread that then Governor Palin's personal e-mail had been illegally compromised:

"I received (e-mails) many a day, violent, sexual, threatening ... throughout the course of the (2008 presidential) campaign," Frye testified.

She said the e-mails, which were sent to everyone on Palin's e-mail contact list, were anonymously sent.

She read from one that said: "You don't know me. Neither do I know you, but we can change that."

Recipients of the e-mails included Palin's parents, she said.

Prosecutors argue that the governor's contact list was copied and pasted onto several web sites after in September 2008, Kernell worked at getting into her account, changed her password, and posted screenshots of messages, contact lists and other information from it on the 4chan Internet discussion board:

Testimony has shown that dozens of people perused the account before Palin learned via Frye that the password on the account had been changed.

[...]

Federal prosecutors allege Kernell, then living in Knoxville, had read a story in The New York Times about the possibility that Palin was funneling gubernatorial business through a private Yahoo! e-mail account to avoid public scrutiny.

The son of longtime Memphis Democrat state Rep. Mike Kernell and a self-described "Obamacrat," Kernell decided to see if he could access the account.

Kernell is facing four felony charges including identity theft and wire fraud.

- JP

Prosecutors say Todd and Bristol Palin will testify against Kernell

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The Knoxville News Sentinel reports that federal prosecutors say Sarah Palin's oldest daughter has been added to the government's witness list, as the first day of the trial of a former University of Tennessee student accused of illegally breaking into Sarah Palin's private e-mail account concludes:

Bristol Palin, 19, is expected to testify along with her mother and father, Todd Palin, against the 22-year-old Kernell.

The son of longtime Memphis state Rep. Mike Kernell, he faces federal charges of computer fraud, identity theft, aiding and abetting computer fraud, and obstruction of justice.

Prosecutors are not saying when the Palins might testify.

The prosecutors did not make clear exactly what Bristol might be asked to testify to.

In the courtroom today, the defendant's ex-roommate David Omiecinski told U.S. District Court jurors that one night in September, 2008, Kernell invited him his room to see a Yahoo! page used to change a password and a Wikipedia page about Palin on Kernell's computer screen. Omiecinski said Kernell told him that he had learned about Palin's private account and was attempting to guess the answer to her security question:

Omiecinski said he did not think Kernell would be successful and went back to bed. He said Kernell later apologized to him about involving him albeit it briefly after Kernell learned he was under FBI probe.

In his opening statement this morning, federal prosecutor Mark Krotoski told the jury in his opening statement that Kernell intentionally gained access to then Governor of Alaska Sarah Palin's private e-mail account, openly boasted about it on the Web and made the new password he had given Palin's email account available for others to use:

"The evidence will show the defendant hoped to derail the (Republican 2008 presidential) campaign," Krotoski said.

[...]

Kernell allegedly posted the new password on the Internet but lamented that his own perusal of the e-mail account failed to produce any damaging political information about then-Alaska Gov. Palin. Federal authorities allege that the posting allowed at least one other person to illegally access an account the national media was alleging Palin used to funnel gubernatorial business away from her official - and public - e-mail account.

At the time, Palin and McCain were in a contest against Democratic competitors Obama and running mate Sen. Joe Biden.

In his opening remarks to jurors, defense attorney Wade Davies tried to downplay the seriousness of Kernell's actions as "a college prank":

"He had no real reason to believe someone who is a governor and especially someone running for vice president of the United States would have one of these (Yahoo!) accounts," Davies said.

Although Davies said Kernell was wrong to have accessed the account, the lawyer said his client is guilty of little more than a misdemeanor.

Although Davis didn't answer reporters' questions about the personal life of his client, Kernell's Facebook page, which has since been scrubbed, had this interesting self-description:

"Obamacrat"

The trial will resume tomorrow.

- JP