Date: Sun, 16 Feb 92 19:54:59 PST From: Moderators (tk0jut2@mvs.niu.edu) Subject: File 1--Craig Neidorf's Status When Federal prosecutor Bill Cook dropped felony charges against Craig Neidorf in June, 1990, because the government had no case, many considered it a victory for Craig. For new-comers unfamiliar with the case, Craig was co-editor of PHRACK magazine, and published documents that BellSouth and the Secret Service initially claimed were stolen, worth in excess of $78,000, and were part of a national Legion of Doom conspiracy that included a scheme to tamper with the E-911 system. The charges were without substance, and when it became obvious that the alleged stolen proprietary documents were available to the general public for under $14, the case was dropped before the prosecution completed presenting its case. It appeared that Craig had won. "The system works," some claimed. It was a Pyrrhic victory. Craig was absolved legally, but the costs of defending himself were catastrophic. We argued then (and nothing has changed our minds) that the system did not work. Craig should never have gone to trial in the first place, and the methods used by the government were considered inappropriate, federal and private participants involved in that case are defendants in litigation challenging their procedures in a related case, and the costs of Craig's defense to himself and his family, including defense fees, a disrupted life, and the agony of being stigmatized and demeaned on national television by Geraldo Rivera and Don Ingraham last year are part of the costs of the government's actions. Ironically, if the principle of honor were not so important, Craig arguably would have been better off to plead guilty rather than defend his honor. It would have saved him time, money, and bother. When the costs of pleading guilty to crimes of which one is innocent becomes the best way of avoiding devastating consequences, we cannot agree that they system "works." Craig continues to face the consequences of Bill Cook's action. Bill Cook, whose actions strike us as less than honorable and many judge as the mark of either an incompetent or a mean-spirited cynic, has been "rewarded" with a position in private practice (Willian, Brinks, Olds, Hofer, Gilson & Lione, Ltd., in Chicago). Craig will eventually graduate from law school, and his experiences should make him a fine, competent attorney. Unfortunately, the expenses incurred in his defense, over $100,000, are far beyond his ability to easily repay. The Electronic Frontier Foundation helped defray some of the expenses and also provided some legal assistance that kept the legal bills lower. Unfortunately, there is the perception that EFF paid for Craig's defense. Although their contributions were generous and invaluable, Craig was left with a massive bill, not readily repaid by a 22 year old young man who is trying to continue his education. Craig's situation is not simply his own personal problem. He took considerable risks, for which he incurred massive debt, to defend the principles in which many of us believe. We are all indebted to him for his courage, for his concern for justice instead of expediency, and for the way in which he helped focus the Constitutional and other issues of cyberspace. Craig needs our help in defraying the costs of a battle from which we all benefited. Even $5 would help. Just a 29 cent stamp and a $5 check. That strikes us as a very small gesture on our part to demonstrate recognition of his sacrifice. And the 3 minutes it would take to address the check and send it to his attorney: Katten, Muchin, & Zavis 525 West Monroe Street Suite 1600 Chicago, Illinois 60606-3693 And do not forget to write Craig's name in the memo section or enclose a letter explaining what the check is for. If you neglect to do that, KMZ will not credit his account for the amount of the check. We printed Bill Cook's opening statement to Craig's June, 1990, trial. As promised, here is Sheldon Zenner's opening comments. Downloaded From P-80 International Information Systems 304-744-2253