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Kevin: No evidence. No experts. No justice

Imagine being imprisoned for more than four years without a trial, without a bail hearing, and without being allowed to have any visitors outside of immediate family and legal staff. Imagine what kind of a crime you would have to commit to be eligible for this treatment. Murder? Bank robbery? Terrorism? The crime of the century, it seems, is computer hacking.

Kevin has been in federal custody since February 15, 1995 and has never been accused of violence, causing any sort of physical damage, or stealing. Yet he has been treated far worse than any violent criminal. Even the Oklahoma City bombers had a bail hearing!

We live in an age where the brightest among us are often looked upon with fear and suspicion. The Kevin case has been filled with inaccuracies and distortions from the very beginning. These are the facts, verifiable through court records. Kevin has not been charged with stealing, engaging in credit card fraud, causing damage to a computer system, or even breaking into a computer system. What he has been charged with is misrepresenting himself on the phone (saying he was somebody he wasn't) and coming into possession of software belonging to major cellular phone corporations. At no point has Kevin been accused of tr


What are prosecutors Schindler and Painter trying to hide? Are they engaged in their cover-up activities to ensure that Kevin is forever forbidden to discuss the extent of their consistent and repeated violations of his Constitutional rights? Or are they simply attempting to cover-up their collusion with the FBI, a collusion whereby the prosecutors and the FBI sang the same song about mythological "losses" plucked from thin air?

8. On May 21 1999, the court denied a motion seeking appointment of an expert economist required to challenge the government's claims of losses in this case. How can the court justify its denial of the expertise required to analyze and defend against the government's claims? Why not also deny Kevin Mitnick the right to an attorney, who has stated that he possesses neither the evidence nor the expertise to defend against the government's claims of economic loss?

7. On May 10 1999, just hours before a hearing scheduled to argue the issues raised in a discovery motion submitted by the defense, the court denied the motion and cancelled the hearing scheduled to discuss the motion, which sought to force the government to turn over any information pertaining to the issue of loss for the purpose of determining restitution. Have you ever heard of a "fraud" case where the government sought to keep information about the nature and the amount of the alleged losses secret?

1. Upon his arrest in February 1995, Kevin was placed in solitary confinement. At the time of his arrest in North Carolina, Kevin's case was being managed by Assistant US Attorney David Schindler -- whose offices are on the other side of the country, in Los Angeles, California. Schindler's justification for placing Kevin into solitary confinement upon his arrest? Apparently, to gain strategic advantage: Did the fact that Schindler knew of Kevin's feelings about spending 8 months in solitary, without justification, during a previous pre-trial detention have any influence on Schindler's actions?

11. Following the judge's denial of a defense motion to force discovery, 2600.com published loss letters written by the "victim" companies. AUSAs Schindler and Painter recently informed Kevin's attorneys that no evidence pertaining to losses will be provided unless and until Kevin, and his attorney, and his attorney's staff all agree to "treat [discovery materials] as though...subject to a protective order." This agreement would require that they never disclose publicly or discuss with any third parties any victim loss information already provided or provided in the future, even though no court order has been issued on this topic.

4. Immediately after his arrest, Kevin's prior attorneys contacted David Schindler in Los Angeles and learned that there was just one way

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Approximate Word count = 1864
Approximate Pages = 7 (250 words per page double spaced)


  

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