FBI YET TO BRING CASE AGAINST HACKER TO TRIAL.Byline: Keith Stone Daily News Staff Writer In the 18 months since the FBI arrested Kevin Mitnick Kevin David Mitnick (born October 6, 1963) is a controversial computer cracker and convicted criminal in the United States. Mitnick was convicted in the late 1990s of illegally gaining access to computer networks and stealing intellectual property. as the nation's most-wanted computer hacker, prosecutors have charged him with just two crimes - cellular telephone fraud and a probation violation. On Monday in U.S. District Court, Mitnick's new attorney challenged federal prosecutors to finally end their investigation, reveal whatever other charges remain and bring the former San Fernando Valley San Fernando Valley Valley, southern California, U.S. Northwest of central Los Angeles, the valley is bounded by the San Gabriel, Santa Susana, and Santa Monica mountains and the Simi Hills. hacker to trial. ``They think they have a case against Kevin Mitnick. Let them prove it in a court of law,'' his attorney Richard G. Sherman said after a brief hearing in the Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. court. ``Whatever case they have - let's see Let's See was a Canadian television series broadcast on CBC Television between September 6, 1952 to July 4, 1953. The segment, which had a running time of 15 minutes, was a puppet show with a character named Uncle Chichimus (voice of John Conway), which presented each what they have.'' Assistant U.S. Attorney David Schindler declined to comment on when the government would make public its case against the self-taught hacker. ``There are ongoing investigations across the country,'' Schindler said outside of court. So far, Mitnick has pleaded guilty to the only crimes he has been charged with: illegal possession of cellular telephone codes and violating supervised release from a 1989 hacking conviction. Mitnick's previous attorney worked out a plea agreement which would have put him behind bars for at most eight years, in exchange for pleading guilty to computer fraud, wire fraud and interception of electronic communications, Sherman said. The 32-year-old son of a Panorama City waitress rejected the plea and changed attorneys. ``It is my judgment,'' Sherman said, ``that he would be better off trying this case.'' Also Monday, District Court Judge Mariana R. Pfaelzer dealt prosecutors a defeat by allowing Sherman to continue as Mitnick's attorney, despite their assertion that it would be a conflict of interest. Pfaelzer said she won't disqualify To deprive of eligibility or render unfit; to disable or incapacitate. To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship. Sherman just because he handled the case of another hacker who played a role in Mitnick's violation of supervised release. Further, she said prosecutors have not revealed enough of their investigation for her to gauge whether Sherman should be disqualified dis·qual·i·fy tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies 1. a. To render unqualified or unfit. b. To declare unqualified or ineligible. 2. . ``I don't know Don't know (DK, DKed) "Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. what you are investigating,'' the judge said. Mitnick, a legend in the on-line world of computer hackers, was arrested Feb. 15, 1995, in North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures Area, 52,586 sq mi (136,198 sq km). Pop. after leading FBI agents on a three-year cross-country run. Only with help from a San Diego computer expert was the FBI finally able to track and outwit out·wit tr.v. out·wit·ted, out·wit·ting, out·wits 1. To surpass in cleverness or cunning; outsmart. 2. Archaic To surpass in intelligence. Mitnick by tracing cellular telephone calls. According to an FBI affidavit filed in federal court, agents have tied cellular telephone calls from Mitnick's apartment in Raleigh, N.C., to computer intrusions in San Jose, San Francisco and San Diego. One entry resulted in the theft of computer software worth as much as $1 million, the affidavit says, although prosecutors have not accused Mitnick of hacking for profit. Other court files have been sealed from the public. CAPTION(S): Photo Photo: Kevin Mitnick Still under U.S. probe |
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