From: "MajickMutex" <majickmutexNOSPAM@usa.net>
Subject: Re: GIVE MITNICK A COMPUTER!
Date: 1998/03/14
Message-ID: <6ef8n3$5oc@camel20.mindspring.com>#1/1
X-Deja-AN: 334127134
References: <6dife2$sov$1@nnrp1.dejanews.com> <MPG.f7382c190bf38ff9896ce@news.effect.net.au> <6ebj53$rsu$1@osh1.datasync.com> <6ec8h8$bdu@camel19.mindspring.com> <350a4125.654137@news.ctr.net>
X-Server-Date: 15 Mar 1998 00:51:47 GMT
X-MimeOLE: Produced By Microsoft MimeOLE V4.71.1712.3
Organization: MindSpring Enterprises
Newsgroups: alt.2600,alt.hacking,alt.hacker,alt.fan.kevin-mitnick


broadcastb wrote in message <350a4125.654137@news.ctr.net>...

>Uhm,  I thought there was some "right to speedy trial" written
>somewhere........and, that, if you were *really* smart, you wouldn't
>waive your right to speedy trial.....no matter who (including your own
>lawyer) told you to. Unless you were guaranteed Own Recognizance
>release or bail and could make it....

I'm glad you mentioned that. In 1974, Congress passed the Federal Speedy
Trial Act, and it was enacted in 1980. The act simply states that charges
must be dismissed if the prosecution does not seek an indictment or
information within 30 days after arrest. If the grand jury is not in, a 30
day extension is granted, allowing up to 60 days, OR where the trial does
not commence within 70 working days after indictment for defendants ( and
here's the kick in the head) who plea guilty. BTW, this only applies to
federal cases, states have their own guidelines.

By law, you are limited to 30 days to seek indictment, and 70 days
afterwards to go to trial, for a total of 100 days. If the grand jury is not
in, you can get an extension upping the total to 130 days. But it only
applies to defendants who plea guilty to all charges. Any delays caused by
the defense such as filing motions, like continuance or severance of
offenses, do not count. Many attorneys agree you should delay a speedy trial
to get your defense in best order, and many federal judges dislike the
Speedy Trial Act because they feel it mismanages juducial resources.

Mitnick pled guilty to the first 2 counts in exchange for a plea bargain to
have his sentence reduced, but because it was a plea bargain that the Feds
had to get him to agree to, they aren't bound by the Speedy Trial Act. Also,
he pled not guilty to the 25 counts still pending against him in his next
trial. So once again, the Feds aren't bound by the Act for his second trial.

I also noticed in my earlier post I erroneously miscalculated how much time
Mitnick awaited his first trial. He was charged in 2/95, and went to trial
in 6/97, so it was 30 months, not 18,  my mistake. Then in 10/97 he was
charged with the other offenses. I forgot to mention that he had to serve
two consecutive sentences, one for 8 months, the other for 14 months. But he
already had served more than that, yet he remained in jail for 4 extra
months until indicted the second time.

In retrospect, that appears to be the only problem, the 4 months from 6/97
to 10/97 when he should have been allowed to be freed until charged with the
other 25 counts in 10/97. The Feds actually said they would hold him those 4
months despite his time had been served, for the sole purpose of keeping him
there until indicting him the second time. But they could do that because of
all the delays caused by his first trial, and the motions filed by his
attorney to get him released after the first trial, the defense held up the
10/97 indictment. Very, very sneaky for the government to arrange it that
way, but its legal, unfortunately.