[ISN] More delays for Mitnick trial

From: mea culpa (jerichoat_private)
Date: Fri Nov 27 1998 - 14:57:30 PST

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    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
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