telecom@eecs.nwu.edu (TELECOM Moderator) (10/27/90)
I am sorry to report that Len Rose has been arrested again, and
charged with 'computer tampering', a violation of state law here in
Illinois.
Readers of the Digest will recall earlier reports about Mr. Rose,
beginning earlier this year. He was accused of various computer crimes
in connection with Operation Sun Devil, the federal inquiry which also
involved the editor of Phrack. Concurrent with his indictment on
federal charges in Maryland earlier this year was a pending matter
with the State of Virginia relating to theft of computer equipment
from a warehouse where Mr. Rose claims some of his own equipment was
being housed, which he states he was trying to recover. For more
background on the federal case, I refer you to the Telecom Archives
and the sub-directory therein entitled 'computer.security.issues'. The
Archives is accessed via anonymous login at ftp lcs.mit.edu.
In this most recent matter, Mr. Rose had moved with his wife and
children to the Chicago suburb of Naperville, IL. He moved here to my
area about three weeks ago, having been promised a job by a computer
software company. He had been on his new job one week when he was
accused of giving inappropriate commands to the computer, accessing
files which it is claimed were none of his business. In addition, he
was confronted by his superiors with a copy of a memo which had been
circulating on Usenet claiming that Mr. Rose had sold stolen equipment
to friends of the writer of the memo.
On his final day of employment, Mr. Rose was visited by federal agent
Tim Foley, the fellow who has been involved with much of the Operation
Sun Devil investigation since the beginning. On the advice of his
attorney, Mr. Rose declined to speak with Mr. Foley at the time.
A day or two later, federal and local officers came to Mr. Rose's new
residence in Naperville and conducted a raid, placing him under arrest
based on charges filed by his new employer. Mr. Rose is now
incarcerated in the DuPage County Jail, Wheaton, IL, where his bond
was set at $50,000. Efforts by his attorney have gotten the bond
reduced to $10,000.
In the meantime, Mr. Rose's wife who speaks very little English and
his small children are alone in Naperville, an unfamiliar community
to them with no money and/or resources. He is not without counsel
however; his friends and attornies are aware of his current situation
and are trying to get him out of jail and get a factual and candid
account of what happened.
As Jim Thomas points out in the current issue of {Computer Underground
Digest} something very strange is going on ... I refer you to the
current issue of CuD for more specifics on this case. If you are a
subscriber to CuD, you should have received an issue on Saturday
morning with this story. If not, and you'd like to subscribe, then
write the Moderators with your request: tk0jut2@niu.bitnet.
Was this latest turn of events a 'set up' of some kind, or a
conspiracy against Len Rose? It seems doubtful, yet if the new charges
against him are true, then he must be a very self-destructive
individual. Quite honestly, I was shocked to receive this report a few
days agp from Jim Thomas (I promised not to publish it until he did),
and I really don't know what to think. I do feel terribly sorry for
his wife and children at this point, alone in a strange place without
the resources they need for survival.
It should be remembered that under the Constitution of the United
States, Mr. Rose must be presumed innocent of the latest charges
against him until they are proven in court.
Patrick Townsonfriedl@mtndew.tustin.ca.us (Stephen Friedl) (10/29/90)
Our Moderator writes on the unfortunate arrest of Len Rose: > It should be remembered that under the Constitution of the United > States, Mr. Rose must be presumed innocent of the latest charges > against him until they are proven in court. The Constitution imposes this requirement only on the government, and private citizens may feel whatever they like. It is charitible for me to presume innocent [I do], but it is not required. Stephen J. Friedl, KA8CMY / I speak for me only / Tustin, CA / 3B2-kind-of-guy +1 714 544 6561 / friedl@mtndew.Tustin.CA.US / {uunet,attmail}!mtndew!friedl