http://www.zdnet.com/zdnn/stories/printer_friendly/0,5444,2169558,00.html
More delays for Mitnick trial
By Kevin Poulsen, ZDTV, and Robert Lemos, ZDNN
November 25, 1998 3:33 PM PT
URL: http://www.zdnet.com/zdnn/stories/news/0,4586,2169558,00.html
Accusing government attorneys of stalling efforts to collect key documents
for his case, the defense attorney representing Kevin Mitnick, famed
criminal hacker, requested a continuance on Tuesday. According to Donald
Randolph's motion, the government missed a court-ordered deadline to
provide the defense with copies of prosecution witnesses statements. The
statements were finally handed over on Tuesday, almost a month late.
In addition, the prosecution is almost a week behind in handing over a
list of evidence to the defense. Some electronic evidence is being
withheld completely, claimed Randolph.
Prosecution delays
"Due to the government's significant delay in producing discovery as
ordered by this court, and due to its continuing failure to produce
certain discoverable evidence altogether, the defense cannot competently
complete its investigations and prepare for trial in this matter absent a
reasonable continuance in the trial date," stated the motion.
The original trial was scheduled for Jan. 19, 1999.
The prosecutors attacked any delay. "The contention that we have been late
with materials is disingenuous," says prosecutor David Schindler. "We've
provided thousands of pages of discovery."
Government mole?
The text of the motion also implied that the government had paid a
one-time Mitnick cohort and employee of Mitnick's previous attorney, Ron
Austin, to spy on his client.
"Austin was privy to confidential communications between Mr. Mitnick and
Mr. Sherman which he later disclosed to the government," said the
statement.
-o-
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Received on Tue Dec 8 08:59:22 1998