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

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

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.

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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