[ISN] Computer sabotage case back in court

From: Marjorie Simmons (lawyerat_private)
Date: Mon Apr 23 2001 - 12:44:23 PDT

  • Next message: InfoSec News: "[ISN] CERT: The Next Generation"

    Computer sabotage case back in court
    Network World, 04/19/01
    PHILADELPHIA - The government battled against defense arguments
    here Thursday to reinstate a guilty verdict in a case that was the first
    criminal prosecution of computer sabotage. The government contends
    that a District Court judge overstepped legal protocol and "abused his
    discretion" when interviewing a juror who came forward with a concern
    after the verdict had been rendered. Based on that, the government
    maintains the judge incorrectly set aside the jury's guilty verdict and
    sent the case back to be retried.  The defense, however, argued in front
    of the three-person appellate panel that the juror had received information
    outside of the courtroom that could have inappropriately swayed her
    decision, so the judge was correct in setting aside the verdict.
    Tim Lloyd of Wilmington, Del., was found guilty last spring of planting a
    software time bomb http://www.nwfusion.com/news/2000/0515convict.html
    in a centralized file server at Omega Engineering's Bridgeport, N.J.,
    manufacturing plant. The malicious software code destroyed the programs
    that ran the company's manufacturing machines, costing Omega more than
    $10 million in losses, $2 million in reprogramming costs, and eventually
    leading to 80 layoffs.
    But the case was derailed last summer, just a few months after the jury
    rendered a guilty verdict in a U.S. District Court in Newark, N.J. The
    Hon. William Walls, who presided over the four-week trial, set aside
    the decision after a juror who heard the case approached the court with
    concerns days after the guilty verdict had been handed in http://www.nwfusion.com/news/2000/0717verdict.html.
    The juror at issue told the judge she was unsure whether a television
    news story about the Love Bug computer virus had factored into her
    verdict, according to Assistant U.S. Attorney Grady O'Malley, who
    prosecuted the case. "Although she couldn't articulate what impact it
    had, she simply made the statement that she was unsure about whether
    it was important to bring to the court's attention," O'Malley says.
    . . . .
    Marjorie Simmons, Esq.
    ISN is hosted by SecurityFocus.com
    To unsubscribe email LISTSERVat_private with a message body of

    This archive was generated by hypermail 2b30 : Tue Apr 24 2001 - 00:09:27 PDT