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Hackers Underworld 2: Forbidden Knowledge
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COURT.TXT
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<The following transcript of Craig Neidorf's trial was provided
by his legal counsel, to whom we are indebted. The page numbers
correspond to transcript pagination. The document was retyped by CuD,
and cross-checked against the original. A spell checker removed
spelling errors, and if any of these errors appeared in the original,
they too were removed.>
********************************************************************
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
THE UNITED STATES OF AMERICA, .
Plaintiff, . 90 CR 70
.
.
v. . Chicago, Illinois
.
CRAIG NEIDORF, . Tuesday,
Defendant. . July 24, 1990
.
. 10:10 a.m.
.
. . . . . . . . . . . . . . . . . ..
VOLUME ONE
TRANSCRIPT OF JURY TRIAL PROCEEDINGS
BEFORE THE HONORABLE NICHOLAS J. BUA
AND A JURY
PRESENT:
For the Government: THE HONORABLE IRA H. RAPHAELSON,
United States Attorney, by
WILLIAM J. COOK
COLLEEN D. COUGHLIN
DAVID A. GLOCKNER
Assistant United States Attorneys
219 South Dearborn Street
Fifteenth Floor
Chicago, Illinois 60604
For Defendant: SHELDON T. ZENNER
Katten, Muchin and Zavis
525 West Monroe Street
Suite 1600
Chicago, Illinois 60606
Case Agent: TIMOTHY M. FOLEY
Special Agent
United States Secret Service
Court Reporter: Agnes M. Thorne
Official Court Reporter
- 2 -
(Twelve jurors and four alternate jurors sworn to try
issues.)
(Following proceedings transpired out of the presence of the
jury:)
MR. COOK: Judge, we have two short issues to bring up. The
government, obviously, understands the court's rulings on the First
Amendment mistake of law. We are in a bit of a quandary in terms of
the best way to argue that or front that with the jury during our
openings. Does the court anticipate giving an instruction as to the
law of mistake of law with respect to this either before Mr. Zenner
talks or at the conclusion of the case?
THE COURT: At the conclusion of the case in written instructions
to the jury.
MR. COOK: And that would be along the lines that it is not a
defense to this violation mistake of law.
THE COURT: That we will decide at the conference on jury
instructions.
MR. COOK: All right.
THE COURT: Mistake of law is no defense. I think we can agree
to that.
MR. ZENNER: No.
THE COURT: We can't?
MR. ZENNER: Wait. We agreed that the First Amendment is no
defense. Mistake of law is a defense to a specific intent crime.
MR. COOK: That's enough. That's enough for me to make my
- 3 -
Cook -- opening statement
opening.
THE COURT: Is that enough?
Mr. Cook: Yes.
THE COURT: Okay. What else?
MR. COOK: Also, Mr. Zenner is indicating that he wants to
argue about the videotapes or make some presentation about the
videotapes in his opening remarks. Those are irrelevant.
THE COURT: What is the nature of those videotapes?
MR. ZENNER: It is very simple. On one of the dates charged
in the indictment, the exact date, in fact, the exact date charged
in the indictment in Count Two, the date the scheme was supposed to
start, Mr. Neidorf was surreptitiously videotaped by the Secret
Service at SummerCon '88, the hacker convention.
THE COURT: Okay, now I recall.
MR. ZENNER: That is the subject of that. The fact that he is on
videotape for 15 hours on the date he is supposed to have committed
the crime in the midst of a supposed conspiracy with some
of the other people who are on videotape I expect to mention,
albeit very briefly, probably ten seconds worth in an opening,
well, maybe thirty seconds worth in an opening, that he was
videotaped on that day, a date charged in the indictment, and that
the worst thing they saw him do or talk about when he was with these
people he is supposedly conspiring with is to drink a beer, order
a pizza. I mean, that's it. They have a the videotape in the middle
of this scheme with his coschemers.
- 4 -
Cook -- opening statement
THE COURT: And what's the problem with that?
MR. GLOCKNER: Judge, we went through all this before on the
discovery motions. And your Honor agreed with the government that
(a) the fact that the defendant is videotaped not committing a
crime is not relevant to whether or not on some other occasion
he did.
Second, as we argued in the earlier filings with your Honor,
he is not charged with holding SummerCon, with participating
in SummerCon...
THE COURT: You will object to the entry in evidence of that
videotape?
MR. GLOCKNER: Absolutely.
THE COURT: The objection will be sustained.
MR. GLOCKNER: Thank you.
THE COURT: What else?
MR. COOK: Nothing else, Judge.
MR. ZENNER: With respect to the videotape, I accept the court's
ruling that the videotape will not be introduced, but I can
certainly refer to the fact that he was videotaped, and I can ask the
agent that, and I intend to ask the agent who investigated this case:
"On a date charged in the indictment..." Mr. Cook is going to show
that. He is going to say, "On July 22, 1988, my client committed
a wire fraud". He's going to tell them to convict him of that.
On that date, he's on videotape for fifteen hours with the Secret
Service looking at him, and he doesn't do anything of the sort.
He's meeting with his coschemers...he's meeting with his
coconspirators.
- 5 -
Cook -- opening statement
THE COURT: And you will seek to introduce the videotape to
show that he couldn't have committed the crime on that date?
MR. ZENNER: All I want to be able to do is to cross-examine
Agent Foley on that.
THE COURT: Well, you might be able to cross the agent
depending on what his direct testimony is. Those issues...
MR. ZENNER: It is a date charged in the scheme. I have a hard
time imagining how I can't cross.
THE COURT: Mr. Zenner, you can make the opening statements, and
if there is an objection, I will sustain it. Okay.
MR. ZENNER: All right.
THE COURT: What else?
MR. COOK: Nothing.
THE COURT: Bring in the jury please.
(Jury present at 10:20 a.m.)
THE COURT: Good morning ladies and gentlemen.
JURORS: Good morning.
THE COURT: Please be seated.
Mr. Cook, is the government prepared to make its opening
statement?
MR. COOK: Yes, Judge.
THE COURT: Very well.
MR. COOK: Thank you.
_OPENING STATEMENT ON BEHALF OF THE GOVERNMENT_
MR. COOK: Good Morning, ladies and gentlemen.
- 6 -
Cook -- opening statement
JURORS: Good morning.
MR. COOK: My name is Bill Cook. I'm an Assistant United States
Attorney. I am going to be substantially aided in this prosecution
by Colleen Coughlin, who is an Assistant United States Attorney, and
Dave Glockner, who is also an Assistant United States Attorney. We
will be having Special Agent Tim Foley of the United States Secret
Service wor