[comp.org.eff.talk] Another Pat Townson rant: What Len Rose and Al Capone Have in Common

jet@karazm.math.uh.edu (J Eric Townsend) (06/18/91)

I DID NOT WRITE THIS.  PAT TOWNSON AND I ARE (THANKFULLY) NOT RELATED.

Pay close attention to the last paragraph, which includes an attack
on this group...


In article <telecom11.463.1@eecs.nwu.edu> telecom@eecs.nwu.edu (TELECOM Moderator) writes:
>My Sunday Sermon for this week will discuss recent allegations here
>that Len Rose has been unjustly picked on by the federal government.
>Two texts come to mind as a preface to my comments:
>
>"You shall know the truth, and the truth shall set you free." (From
>St. John, 8:32)
>
>"Injustice?  Oh, I've never been too upset by injustice ... I've seen
>a lot of it in my lifetime, much of it directed to me. Injustice
>doesn't really hurt ... it is *justice* that stings." (Oscar Wilde,
>writing from Reading Jail to a friend.)
>
>And who exactly knows the complete truth in the Len Rose matter? Len,
>and Len alone. His attorney might know most of it. I would never claim
>to know it all, but I know I've heard a lot of conflicting stories,
>ranging from Len the meanest hombre in the history of the net to Len
>the innocent victim of a plot by the (official) government and the
>(quasi-official) government AT&T, and everything in-between.
>
>Al Capone was accused of plotting and engineering, or direct
>participation in many crimes. So was Leonard Rose. The government
>decided to charge Al Capone with a small selection of the crimes in
>which they believed he was a direct or indirect participant. The same
> stance was taken toward Leonard Rose. As the prosecution of Capone
>moved through various stages to his trial, the government decided all
>they could prove with absolute certainty -- and that burden on the
>government, the constitutional requirement for absolute proof being
>paramount in the United States -- was that Capone had lied when filing
>his income taxes.  They had his signature on tax documents after all,
>and could easily demonstrate that two plus two did not equal three. So
>a man of Capone's 'reputation' went to the federal penitentiary about
>1931 based on a single count of tax evasion. And a man of Rose's
>reputation is going to prison on a single count of possessing
>unlicensed source code.
>
>Unlike Capone, who did not plead guilty, but rather was proven guilty
>to the court's satisfaction, Leonard Rose chose to plead guilty to a
>single count of several original counts in his indictment. Like
>Capone, the government (official or quasi) investigators had plenty of
>complaints about Rose. There were allegations of hacking and phreaking 
>a-plenty.  There were allegations that the login.c code was in fact
>foisted off on at least a couple of unsuspecting (new on the job?
>less experienced?) sysadmins.
> 
>Like Capone, seeing it, believing that it happened and wanting to do
>something about it are a lot different than absolutely proving that it
>did happen and that Len Rose made it happen.  And Len Rose, like Al
>Capone, are entitled to the protection afforded by the Constitution of
>the United States. 
>
>Unlike Capone, where his attornies granted the government nothing, and
>forced the trial to continue even with a single count of tax evasion,
>Rose agreed to a single concession, and everyone involved benefitted
>from it.  To Rose, this expidited the process and got it over with
>that much sooner. To the government, perhaps the thinking was a bird
>in the hand is worth two in the bush ... or a single guilty plea is
>worth a dozen that may or may not be proveable to the court.  Unlike
>Rose, who got a year in prison, Capone got several years in prison;
>but I realize in part this is due to differences in sentencing
>guidelines in the federal courts in recent years. And yes, there were
>people in 1931 who swore that Capone was not guilty of the many things
>he had been accused of. Many folks thought it was purely his ancestral
>background which got him convicted out of prejudice by prosecutors.
>
>Some of you responded to me saying "Rose was not FOUND GUILTY, he
>chose to PLEAD GUILTY."  Actually what happened was that based on his
>plea of guilty, the court found him guilty ... but ... even that was
>not all that cut and dried.
>
>First off, I think the government was also interested in expediting
>the case. Had it been easier for them to prove the additional counts,
>they would have pushed for it. The only reason the government usually
>cuts deals is when the burden of proof is too hard for them. That's
>not to say the various crimes were not committed, or that Len had
>nothing to do with the crimes ... just that the government cannot
>easily prove it, if they could at all. Then again, maybe Len didn't
>have anything to do with the mess other than what he confessed to.
>
>Second, did Len Rose concede on one count because as some of you
>claimed, he was worn out from fighting, so depressed and demoralized
>he could not continue?  I don't think so. I think he chose to concede
>on the one count because he acknowledged that much guilt and knew he
>would get a better deal than by holding out.
>
>Neither the government or your attorney can ram a guilty plea down
>your throat if you do not want to go along. Check out the Federal
>Court Rules of Procedure:  
>
>  1) The court is not required to accept your plea of guilty.
>
>  2) The defendant will be questioned at length about the reasons
>he wishes to plead guilty --
>
>a) did his attorney or the government promise 'to cut a deal'?
>b) did police or other investigators make some sort of promise to put
>in a good word for him if he 'made their job easier'?
>c) was he mistreated by the police or government while in custody?
>d) has he been treated with courtesy and fairness by court personnel?
>e) were his rights explained fully to him from the beginning?
>f) has he been under mental stress so that his thinking might be
>affected? does he realize the consequences of his guilty plea?
>g) did anyone tell him the court would 'go along' with what the
>government and his attorney decided to do?
>h) does he understand that by pleading guilty the court will listen to
>recommendations from the government and his attorney but is not bound
>by them in any way? 
>i) does he understand that if the court chooses to accept his plea of
>guilty, the court may be prejudiced from that point onward, yet a
>later appeal from the court's decision will be difficult or impossible?
>j) finally, is he aware that the court can reject his plea of guilty
>and enter a plea of 'not guilty' automatically if the court feels the
>best interests of justice would be served by having a trial?
>
>   3) If the defendant persists in pleading guilty, the court can
>if it wishes accept his plea, and base its findings accordingly.
>
>So Len had his reasons for pleading guilty, and it was mutually
>convenient for the government. But the court did choose to find him
>guilty, and did decide there was no 'forced confession' from Len.
>In a phone conversation with Len some time back, he asked me what I
>thought he should do. I suggested that if he was completely innocent
>he should fight the charges. If he felt the government could prove one
>or more of the charges it might be to his advantage to plead guilty. I
>told him he and his attorney would have to decide what to do. 
>
>Some of you said Len was a first time offender and should have
>received federal probation. Others of you said it should have been
>handled as a civil, rather than criminal matter. While it is true this
>was, to my knowledge, Len's first federal offense, the court is
>permitted to take an overview of Len's social history in detirmining
>an appropriate punishment. 
>
>Len's history included:
>
>1) An arrest and pending matter (or had he been convicted?) in state
>court pertaining to the burglary of the computer warehouse. I assume
>you all knew about that case ...
>
>2) An arrest and pending matter here in Illinois based on the transfer
>of code from his new (one week!) employer's computer to his own. I
>presume the State of Illinois dropped those charges when Len was
>convicted in federal court. Or did they?
>
>3) Fleeing the jurisdiction of the federal court in Maryland. (see
>point two above.) Len did NOT have permission from the federal court
>to leave Maryland and come to Illinois ... yet he showed up here with
>his family at a new place of employment while his case was pending in
>Baltimore.  Supposedly, this was all a paperwork 'mixup', but I am
>told it was quite after the fact that Len got 'post facto' permission
>to stay here. How long afterward?  Well, when he got arrested here a
>week after he arrived with his family, DuPage County Jail ran him
>through NCIC and found there was a Federal Pretrial Services hold on
>him in Maryland ... in other words, the federal court found out he had
>left Maryland once he got arrested over here on computer misuse (but
>unrelated) charges!
>
>9o the court can consider all this; his prior state conviction, his
>current case in Illinois, and the fact that he flew the coop while on
>trial in Baltimore in deciding what to do.
>
>Then some of you commented on my use of the term 'therapeutic' as a
>possible outcome of Len's stay in prison.  At least a couple of you
>brought up the 'gang rape' scenario, but let's view this realistically:  
>Federal prisons are NOT like state insitutions, and state institutions
>are NOT all medium/maximum security places run by gangs of inmates
>instead of the staff.
> 
>In minimum security institutions, state or federal (but the federal
>places are MUCH more professionally operated), the inmates tend to
>behave themselves quite well. They are white collar, and for the most
>part professional people on the outside.  They may have been foolish
>enough to wind up in prison, but they are not foolish enough to screw
>up inside prison and wind up with a fresh sentence in a tougher
>environment. 
>
>As Jim Thomas pointed out, there are no 'country club' federal
>prisons, but the worst of the Level 1 and Level 2 federal prisons are
>far superior (to an inmate's point of view) than their state
>counterparts. I don't think the possibility of Len Rose getting
>'gang-raped' warrants serious consideration. Level 1 and 2 federal
>prisoners are all in the same boat as Len: they'll be getting out in a
>few months or a year ... they don't screw up; they don't assault each
>other.  At the MCC here in Chicago, many inmates have passes to leave
>the building during the day for work, etc ... times are tough for
>them, but not *that* tough ...
>
>Maybe you would not have complained had I used the word 'catharsis'
>instead. 
>
>A message said the law should be applied equally to all, and I quite
>agree. The proprietors of 'igloo' and 'ddsw1' both got shafted. Just
>think if you had been allowed to have Caller ID on those dialups and
>been able to trace the call back to the desk of a telco employee, or
>to the modem of a specific user ... Yes, I agree completely.  Let's
>have prison terms for one and all when convicted. No more game playing
>where computer access fraud is concerned.
>
>A few of you 'complimented' me for my feelings of sympathy toward Len.
>Whether you believe it or not, I *do* feel sorry for the mess he has
>gotten himself into. But he got himself into it, and he has to pay
>for it. Likewise, I feel sympathy for most of the folks who get caught
>hacking and phreaking. Why?  Not because hacking and phreaking is
>right, but because for the most part the people doing it don't even
>have the belief that they did anything wrong!  Like Len, they just
>can't see what it was that was so wrong about what they did.  I can
>appreciate and sympathize with the way they feel, but they had better
>wise up: computer fraud and abuse is just as wrong as the more
>'traditional' crimes which they DO recognize as bad. 
>
>The EFF: I think they *mean well*, a lot like the ACLU. But they fail
>to realize the huge number of freeloaders going along for the ride,
>for whom social responsibility in computing is a big laugh. Like the
>ACLU, they have a lot of hangers on for whom the First Amendment is
>merely coincidental to their world, but a nice coincidence at that. I
>think comp.org.eff.talk should either be moderated OR the 'eff' should
>be taken out of the name of the group. It does NOT do them justice.
>
>
>Patrick Townson


--
J. Eric Townsend - jet@uh.edu - bitnet: jet@UHOU - vox: (713) 749-2126
Skate UNIX! (curb fault: skater dumped)

   --  If you're hacking PowerGloves and Amigas, drop me a line. --