Hacker Chronicles 1/HACKER1.ISO/cud3/cud326e.txt

Text File | 1992-09-20 | 7KB | 128 lines

Date: July 28, 1991
From: "The Moderataors" <[e-mail]>
Subject: File 5-- Doc Savage Sentenced (NEWSBYTES Reprint)

(Moderators' Note: Readers should note well the final paragraphs of
this article. It is the first case that we're aware of in which the
prosecutor opposed the judges intention to imprison.  Gail Thackeray's
arguments against incarceration are compelling and productive. Sadly,
such logic is the exception and not the rule, but perhaps her example
will spread).

SUNDEVIL DEFENDANT "DOC SAVAGE" SENTENCED 7/17/91

PHOENIX, ARIZONA, U.S.A., 1991 JUL 17(NB) -- The Maricopa County
Arizona County Attorney's Office has announced the sentencing Baron
Majette, 20 , also known as "Doc Savage", for computer-related crimes
uncovered in the joint federal / state investigation known as
"Sundevil".

Majette was arrested on March 27th of this year and charged with a
number of felony charges relating to unauthorized use of telephone
facilities of Toys 'R Us to make calls worth approximately $8,000,
illegal access of TRW's credit data base and use of information
obtained therein to obtain in excess of $50,000 in cash, goods, and
services, and stealing of credit cards from U.S. Mail boxes and use of
the cards to obtain approximately $10,000 in cash, goods and services.
If convicted of the charges, Majette faced a possible jail sentence of
15 years and the requirement to make restitution for the full amount
of the alleged losses endured by the firms and individuals.

In late May, Majette pleaded guilty to an amended charge of a single
count of computer fraud, felony third degree. The reduced charge was a
result of an agreement between Mark Berardoni, the public defender
assigned to Majette; Janet Black, Majette's probation officer and the
Maricopa County Arizona County Attorney's Office. Under the reduced
charges, Majette's maximum term of incarceration was reduced from the
aforementioned 15 years to 5.

On July 16th, when the actual sentence was to be imposed, a further
agreement between the prosecution, defense and parole service  was
presented to the presiding judge, Justice Gottsfield, and, after
discussion, became the actual sentence. The court decision imposed the
following:

-- Majette will remain in jail for up to two months while he awaits
placement in a "Shock Incarceration" program (Majette has been in jail
since his March 27th arrest because of parole violation related to an
earlier crime). Assistant County Attorney Gail Thackeray told
Newsbytes that Shock Incarceration is a 120 day program which
"provides both intensive counseling and military-like discipline and
exercise."

-- Upon his release from Shock Incarceration, Majette will enter a 5
year period of "intensive probation". Under Arizona procedures, the
subject must provide the probation officer, on a weekly basis, a
schedule for the next week's activities. In the event that the
schedule has to be modified in any way, the probation office must be
called before the new schedule is acted on.

-- During the time of intensive probation, the probation officer may
visit or call the subject at any time of day or night to insure
compliance with the schedule.

-- If, at some point after a year of intensive probation, the
probation officer feels that the subject has followed the rules and
shown that intensive procedure is no longer warranted, the subject and
probation officer may recommend to the sentencing judge that the
subject be transferred to normal probation. In normal probation, the
subject advises the officer weekly of progress and problems. There is
not the hovering presence felt in intensive probation, according to
Thackeray. Additionally, the subject may be released from any form of
probation at the petition of the probation office and subject and
approval, after hearing, of the sentencing judge.

-- If, on the other hand, Majette violates the terms of his probation,
he is liable for incarceration in prison for the remainder of his
probationary period.

-- Majette was also ordered to make restitution to the parties
victimized by his activities by paying a sum of $19,774.03 to those
involved. The sum is to be paid on a monthly basis over the course of
his sentence. Additionally, he was ordered to make payments to help
defray the cost of his probationary supervision.

Under the terms of his probation, Majette is subject to the following
conditions said by Thackeray to be unique to his type of offense:

-- He may not use any computer connected to a modem or communications
network without the prior permission of his probation officer.

In the event that he takes a job that brings him into contact with
computer activities, he must notify someone in the employer's office
of the restrictions on his computer use and must discuss the planned
activities with his probation officer.

-- He is not to communicate or associate with "members of the computer
underground" (defined as persons such as those known to have or
reasonably believed to have been involved in theft of communications
services, computer fraud or related activities). In the event that any
such individuals contact him, he must report the contact to his
probation officer (According to Thackeray, this stipulation is
intended for Majette' s protection -- "In the event that the
contacting party is investigated or arrested and phone records show a
call to Majette, his notification to his probation officer of the call
will stand as proof that he was not involved in any conspiracy with the
other individual. His notification responsibility in no way requires
him to cooperate with authorities in the location or apprehension of
another individual and such cooperation is neither expected nor
desired.").

Transcripts of the sentencing hearing reportedly show that it was the
intention of Judge Gottsfield to sentence Majette to a straight five
years in prison but was dissuaded by the combined recommendations of
the prosecution, defense and probation office. Thackeray explained to
Newsbytes the rationale of the prosecution in recommending a lighter
sentence -- "Usually computer hackers who get into trouble for
activities of this nature are kids or young adults who are not the
type to be in trouble for any other criminal activities. The point of
sentencing in these cases should be rehabilitation. If we can break
the pattern of illegal behavior, society will benefit from Majette's
participation. If we simply locked him up for 5 years, neither he nor
society would benefit."

(Barbara E. McMullen & John F. McMullen/19910717)

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