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

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