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Kevin Free
An anonymous reader writes: "Surely many of you will remember that before there was ever a cry to 'Free Dimitry Sklyarov', Free Kevin Mitnick was the call of many. He was convicted on 'hacking' charges, though many on the Internet found the charges and trial to be unfair. He was freed in January 2000, but not allowed to touch a computer or log onto the Internet until January 20, 2003. See the story at CNN or read some background info at freekevin.com. "
Kevin is in the news now because this week the FCC has ruled that he may renew his ham radio band license. Mitnick has had that license since he was a teenager, never used it in the course of his hacking, and this stays clear of his ban on networked computers because it doesn't need a computer.
The FCC ruled that he has done his time for his crimes, so there's no valid reason to deny the renewal. Unfortunately, it took Kevin thousands in legal fees to get them to reach that conclusion.
IIRC Mitnick was held in pretrial detention for ~4 1/2 years, then released on a plea and time served. I spent a while some time ago trying to understand how this happened.
Now, his initially being in detention w/o bail after an extended run as a federal fugitive should not surprise anyone. If you fled you pretty much demonstrated that you are a flight risk.
Also, that we was held longer that the 100-day Speedy Trial Act span is unsurprising because of the numerous "tolling provisions" that can stretch out that time. I think most prosecutions are affected by these.
Finally, that he waived Speedy Trial Act protection is not uncommon and was partly to his benefit, as it gave the defense more time to prepare for trial. In other words, he didn't waive to be nice to the gov't, although he was under considerable pressure to do so.
All this I understand except -- how did it all add up for 4 1/2 years? I have read a ton of criminal cases and never heard of anything like it. I'm not interested in hearing dark conspiracy theories. I suspect it was a failure of the system more than prosecutorial manipulation, and don't want to see it happen again. Was Mitnick partly responsible?
BTW, conditions in pretrial detention may have been better -- prisoners there, being pretrial, have incentive to play nice (I visited one of these places, and it was much nicer than even federal prison) -- and the 4 1/2 years may not have been excessive for his second offense, his flight, and other aggravating factors. But I don't think this is the right way to be doing things -- it would have been lovely if he proved to be innocent.