David Kernell has already served out his sentence for obstruction of justice and hacking, as I noted here. But the attempt to “clear” his name continues, despite this recent legal setback. My question … who is bankrolling this appeal process? And why? He admitted he hacked and tried to clean up the evidence. And the court wants no part of his argument that it was just a prank.
From Fox News:
A federal appeals court panel has upheld the conviction and sentence of a University of Tennessee student in the hacking of Sarah Palin’s email in 2008.
The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell. A Knoxville jury last April convicted Kernell of unauthorized access to a protected computer and destroying records to impede a federal investigation.
Kernell’s attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account was a prank. Palin was governor of Alaska and John McCain’s GOP running mate at the time.
Kernell was released in November after serving less than 11 months.
Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.