BREAKING: David "Popcorn" Kernell GUILTY ON TWO COUNTS, Mistrial on Identity Theft
This is worth it’s own post, and we wish we had an Ace of Spades Flaming Skull equivalent GIF.
David “Popcorn” Kernell has been convicted on three of four counts, with a mistrial declared on one count. A juror would not vote to convict him of Identify Theft, so the jury remained deadlocked on that one.
More as this develops, but it sure looks like Popcorn’s going to federal prison for at least a few years.
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UPDATE: Conflicting reports are coming out: this one from Knoxville says Kernell was acquitted of wire fraud, but found guilt of the obstruction of justice and computer tampering charges, with a mistrial declared on identity theft.
This jives with what we thought the jury was going to do: convict him of two counts, acquit him on two.
But, actually, it looks like one lone juror save Kernell from being convicted of identity theft, since that deadlock is what led to the mistrial on that count.
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Can someone research the MINIMUM sentences the judge can issue for the following:
Count three: unlawful computer access
Maximum 5 years in prison
$250,000 fine
3 years supervised release
Lesser included misdemeanor offense on count 3 carries a maximum of 1 year in prison
Count four: obstruction of justice
Maximum 20 years in prison
$250,000 fine
5 years supervised release
This is what Kernell was convicted of: felony obstruction of justice and misdemeanor unlawful computer access.
Any lawyers out there who can look up precedent for how much time someone convicted of these two charges is likely to get in prison?
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We just realized something: from now on, forever more, it’s CONVICTED FELON David “Popcorn” Kernell.
Just like it’s Mike Kernell, “father of convicted felon David “Popcorn” Kernell”.
Hope the voters of Tennessee remember this when they decide on who their next state rep from Memphis will be.
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Wow, I’m actually surprised they nailed him on three counts. I thought they would get him on one or two.
Now the biggest question becomes, what will the judge do with sentencing?
Hope his parents provide him with soap-on-a-rope!
LMAO. I hope they don’t.
So much for a prank Popcorn!
Mistrial on the Identity Theft. So I assume that count will be retried seperately? If so, this could be interesting. Coming late Friday, today’s verdicts will get only a passing mention on newscasts. A retrial on the identity theft means the story gets back in the news with the added bonus getting to mention that he was convicted of two other counts related to the case.
Sarah already has her facebook response up:
The Hacker Case VerdictShare
Today at 1:27pm
My family and I are thankful that the jury thoroughly and carefully weighed the evidence and issued a just verdict. Besides the obvious invasion of privacy and security concerns surrounding this issue, many of us are concerned about the integrity of our country’s political elections. America’s elections depend upon fair competition. Violating the law, or simply invading someone’s privacy for political gain, has long been repugnant to Americans’ sense of fair play. As Watergate taught us, we rightfully reject illegally breaking into candidates’ private communications for political intrigue in an attempt to derail an election.
I want to thank the public servants who worked so hard on this case, particularly the jurors who gave up precious time from their jobs and families to listen to the evidence and reach a decision.
My family and I appreciate the good people of Knoxville, Tennessee, who showed us true Southern hospitality. We can’t wait to visit again – but without having a subpoena in hand.
- Sarah Palin
http://www.facebook.com/notes/sarah-palin/the-hacker-case-verdict/384534143434
The Governor, Mr. Palin, and their family are so incredibly gracious, even in this.
Gov. Palin’s well worded response is classy and diplomatic.
That is grace and leadership in a most difficult situation.
I agree, Mary. She got her points across very well, without a hint of bitterness, vindictiveness or schadenfreude.
She inadvertently actually made the creep look WORSE through her graciousness. HA!
Dear Lord,
Hear my prayer.
Why can’t we have this woman living at 1600?
Please?
From your lips to God’s ear!
Amen!
Yes, please!
Amen!!
Classy. No better word to describe this response. I love this woman.
And Sarah’s comments
http://www.facebook.com/note.php?note_id=384534143434
I don’t think a mistrial on one count necessarily means it will be retried. The prosecution makes the decision on whether to drop it at this point or retry the charge. Someone correct me if I’m wrong about this, in the federal court system.
They will use the possibility of a re-trial to bargain with him. Lots of possibilities here.
Indeed, that way they may avoid an appeal altogether.
Sarah’s response makes no mention of the perpetrator or the actual convictions.
She talks about it totally in the context of having free and fair elections.
She compares it to Watergate. Brilliant.
She always sees the big picture. And always finds the good.
Morning in America indeed.
Loved the Watergate line. Any time Nixon is compared to Utopia is good.
nixon and utopia is/are apples and oranges..he couldnt shine nixon’s shoes!
I agree on that subject. Nixon did not break in and commit that robbery
Nixon’s guilt was that of cover-up only.
Unlike Utopia who is guilty of election fraud.
Agree!
I think a great sentence would be about 5-10 years so that even with an early release he’ll get out during the Palin Administration.
Well good…he’ll get punished and that’s what matters. It sends a good message to people snooping around trying to do that on the internet. They will get punished.
Ok, 2 guilty, one not, one mistrial…it could have been better, but it could have been far worse as well.
Anyone hear anything about sentencing?
It may take weeks before he goes before the judge for sentencing.
Thank you cat
Any local TN people, any info about the judge in this case? I am assuming because of the wire fraud conviction, it’s a federal court.
Who appointed the Judge — and how does he tend to lean? (Consv vs Lib).
The important part now will be the sentencing hearing.
I notice that the smirk seemed to be wiped off his face in the photos of him leaving the courthouse today.
And the Obots were in full force in the commentary in the local media. Bwa ha ha !
He’s a GW appointee, but that’s all I know about him.
The system is working. Given all of the dishonesty and corruption we see these days, I am very grateful for that.
Wonder when the judge will issue the sentencing. It looks like Kernel could get up to 21 years, although I’ll be surprised if he gets the max.
I have some compassion for this young man (while not excusing what he did). He’s having to learn the hard way that there are consequences for his actions. I hope he uses this experience to think carefully about the path he wants his life to take.
I have no compassion for this person. He behaved in a despicable fashion. He deserves jail time for his crime.
I have no sympathy for him.
I am sure b/c of his Dem connections, he thought he would get away with it and be “rewarded”.
Hate to say it but if he gets any jail time I will be very suprised.
It’s going to be “he’s a good kid from a good family and he did a bad thing. He’s learned his lesson and putting him in jail won’t help society.”
Most likely he will get probation and a “stern” talking to.
I don’t think so. Even the nicest judges take obstruction of justice seriously.
Not for being convicted of obstruction of justice will he avoid prison time. That’s a serious felony.
“The two charges for which Kendall was convicted — unlawful computer access and obstruction of justice — carried a combined maximum penalty of 25 years in prison and $500,000 in fines. It also calls for as much as eight years of supervised release, but it will be up to the judge to decide the sentence.
Prosecutors reserve the right to hold a new trial on the one charge for which they deadlocked.
http://www.foxnews.com/politics/2010/04/30/palin-e-mail-hacker-convicted-charges/
Is there a minimum jail time?
If he only gets probation/supervision, if I were the RNC I’d start the “If he was black he would have received jail time.” shouting.
That mistrial on identity theft infuriated me when I first heard it. But then suddenly I realize that it was actually a blessing. This gives the prosecution an unbelievable club to swing at Goldilocks in pretrial sentencing.
First off, a mistrial means he wasn’t acquitted – which means that Goldilocks can (and should) be hauled into court a second time on this charge. Now, the one thing – the ONLY thing that Goldilocks can count on is that the prosecution doesn’t want to retry because of financial reasons. These trials are horrifically expensive – and we are in a depression with lawyers, judges, etc., being laid off for lack of money. Retrying this little shit isn’t something the court would financially want to do. Goldilocks knows this and will count on it. Unfortunately it is the only thing he can count – and it is pathetically weak. You see, he thinks the court can not afford to retry him – when in reality, they can’t afford NOT to retry him.
It is clear from the smirk on this little shit’s face during trial that he had NO comprehension of how much trouble he was in. He obviously thought it was simply him attacking a little ole Mayor from Wasilla. But it wasn’t. Because Palin is a public figure, his attack of her was in reality an attack of the public. And guess who it is that the court is required by law to defend? Yes, the public. The sole purpose of the courts is to defend the public. That is their job, they get fired if they don’t do it. Again, the courts may not be able to afford to retry him but they can not afford not to.
Oh, damn, the more I look at this ‘deadlock’ decision, the better it gets. Mark my words – this is the WORST thing that could happen to Goldilocks. If it had been decided one way or the other, he would have had some bargaining – but by having no decision at all, he’s stripped of control over it. It’s in the court’s hands, not his. They HAVE to retry him. And the second trial will be hell for Goldilocks because he will be coming in with two convictions already against him. No, Goldilocks is in serious trouble.
Having worked as a legal secretary for a quarter of a century, I see this scenario playing out. At pre-trial, the court will give this shit an option – he does jail time or they retry him. Simple as that. Yes – that ‘deadlock’ is a club that’s going to hit Goldilocks in the ass big time.
Oh, damn! it feels good to see that smirk wiped off his face.
Exactly … and if his sentence isn’t adequate for the parties involved, slam him with that identity charge again.
You know one of the really interesting things in this entire event? All those emails he had access to, and there was nothing incriminating found. You know that was the purpose …. imagine if it had been Oblabla’s email or John Edwards. That’s what this slimeball was hoping for …. something really incriminating. And there was nothing.
Because the Palins are the real deal.
sounds good to me..wonder how the left is taking this? betcha there’ll be more attacks on sarah!
Oh yeah, read some of the comments and they have a full snit fit on.
It’s deelicious!
tough toukas! they can send him love notes in Sing Sing. They’ll just have to line up behind Bubba though.
I hope the judge throws the book at him–people today (especially the young and certainly our Congress) see no consequences for their actions. They feel they can break the law and not have to have any type of reprecussions. They see their contemporaries, particularly young hollywood types, break the law—do drugs, drive while intoxicated–break into celebrities homes (just for the thrill of it) and nothing comes of it other than 15 minutes of tv time and appearances on Inside Edition and the Today Show.
Saw Johnny Weir wearing the cutest manlo (a tiara for men). It would look adorable around Li’l Popcorn’s pretty blond curls and would certainly be perfect for him in his new role as prison beatch.
MMMMMM, that popcorn boy suuuuure has a purty mouth! The Belle of Cell Block D.
do you really think they’ll stop at his mouth? C’mon he won’t be able to ‘sit’ through an appeal hearing.
I am now waiting for the left to declare a boycott of Tennessee…
My local radio station said max 20 years in jail.
Doesnt mean he will get that but anywhere up to 20 years is the sentence.
I found this (pdf) link to a guide to federal sentencing, but it’s really complicated:
http://www.almfd.org/pdfs/Introduction%20to%20Federal%20Sentencing%2010th.pdf
It has several pages of worksheets that are used to calculate his sentence, but I don’t have enough info to know how to use them.
‘Thomas van Flein, Sarah Palin’s personal attorney, told The Associated Press he has been involved in the case from the morning they learned of the hacking in 2008.
“I think the jury took its job very seriously and weighed the evidence closely and concluded that any effort to impact a national election through illegal means is not a college prank. It is a crime,” he said.’
Prosecutors in the federal case against David Kernell speak about the jury’s decision
I’ve been in meetings all day and this is the first chance I’ve had to check in. I am absolutely delighted with this news. Who cares if he wasn’t convicted on all counts . . . Popcorn is now a CONVICTED FELON!!! Woo hoo!!
Yup, he’ll have to disclose that in applications for government jobs as well as some in the private sector.
Oh well, he’ll probably still get a job with the DNC someday…
Cheer’s to the Palin’s– Good verdict, and will gladly take-it. Obstruction of Justice, that is a felony charge– and he will probably spent time in the slammer, and some serious penalties, and probation, and it’s a stay on his record–!
I hope it’s pushed to the fullest of the charge, however’ since he’s had no priors, then it will be a stay of a lighter sentence– however’ i do believe he will see Prison time:
lol,,, the identity theft is a DEADLOCK: perfect!!! Now’ he will have to come back to court on that again– Not good, and one more “big spank” for Mr. Prank Kernell…! You know what peeps’ the juror’s did good on this one”
Score another one for the Conservatives peeps,,,! and I’m so happy that Sarah got her some justice today…”
I see in the worksheet for sentencing, they do give points for accepting responsibility for one’s actions, i.e., pleading guilty, show of remorse. This punk did neither. Bwahahahaha.
GOOD! VERY GOOOOD! THE SMART ASS, LITTLE WISE GUY RAT PUNK GOT WHAT HE DESERVED.
I just bet…he doesent think he is so cooool now and that he doesent think it was all that funny anymore. But…I bet he blames someone else for his misfortune.
Ya, of coarse he does.
Maybe…hopefully…some big brother in his prison cell block will be glad to make his aquaintance and teach some deeep lessons on the error of his ways.
I bet you that the kid still believes that what he did was not as bad as what he was convicted of. He’ll have some time to think about his actions behind bars.
I am pleased that he was convicted! His smart a$$ actions may result in a smart’in a$$. Poor baby.
Woo Hoo! Kudos to Team Palin! Glad he’s now convicted.
I agree with #17 response above, I think ‘Popcorn’s chickens are coming home to roost!