2nd Circuit Appeals Court Rules That It Isn’t Possible To Steal Computer Code – After Federal Government Brought Bogus Charges Against Programmer For Downloading Source Code From Company’s Computers – Also Reversed Bogus “Espionage” Conviction

April 13, 2012

NEW YORK, NEW YORK – Sergey Aleynikov, an ex-Goldman-Sachs programmer, spent a year in prison for downloading source code of the firm’s high-speed trading software before his sentence was overturned in February. Today, the court explained why—downloading computer code doesn’t constitute stealing under the National Stolen Property Act.

The 2nd Circuit Appeals Court ruled that since computer code cannot be physically obtained, it doesn’t fit the legal description of a stolen good. “Because Aleynikov did not ‘assume physical control’ over anything when he took the source code, and because he did not thereby ‘deprive [Goldman] of its use,’ Aleynikov did not violate the [National Stolen Property Act],” the court wrote in its decision.

In addition, the Appeals Court struck down charges against Aleynikov of violating the Electronic Espionage Act since the software was never destined for foreign markets. Specifically, the judges wrote, “Because the HFT system was not designed to enter or pass in commerce, or to make something that does, Aleynikov’s theft of source code relating to that system was not an offense under the EEA.”

The court was quick to point out that this decision should not be interpreted for all cases of electronic theft, however the legal recognition that code isn’t physical property (which people have been saying for years) is sure to make this case a focal point in future MPAA/RIAA wranglings.

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Innocent Man Released After 4 1/2 Years Of Life Sentence In Alabama State Prison

October 24, 2011

BIRMINGHAM, Alabama — Antonio Williams walked out of prison this summer with a proclamation of innocence.

He had not, a judge ruled, raped a little girl, a crime for which he had served four years, six months and 26 days in prison.

Williams walked out of prison with that proclamation, with the feeling of redemption it brought.

But he walked into the world without much else. The family he left behind was broken, the jobs he could perform had disappeared.

The life he knew was gone.

“You cannot give back five years of my life for something I didn’t do,” Williams said. “Right now, I want justice.”

Williams, 43, says he is able to forgive. But as he tries to restart his life, he cannot promise to forget.

He can’t forget the time he spent in prison, nor the stigma of being convicted — even wrongly — of child rape.

He can’t forget that it’s been almost six years since he has seen or talked to his own little girl, who now is almost a teenager.

And he can’t forget the system that found a way to convict him in the first place.

“I haven’t got no sorry or thank you from these folks.” he said.

‘Tried to be fair’

Williams grew up in Birmingham, according to court documents. He attended Wenonah High School and graduated there in 1986.

After graduation, Williams worked a variety of jobs including as a cook at Burger King and McDonald’s, and a dietary assistant at St. Vincent’s Hospital.

In 2000, he became a father. The relationship with the little girl’s mother had ended before Williams knew she was pregnant.

“I wasn’t denying her,” Williams said of his infant daughter. “She was the spitting image of me.”

The mother told him about the baby, but later tried to claim it wasn’t his.

A paternity test proved otherwise, and he vowed to stay in his daughter’s life, despite the mother’s objections.

Williams spent time with his daughter at her grandfather’s house where she lived. Her mother had four children, and all lived with her father who had custody of them.

Williams said the other girls would get upset if he paid attention only to his daughter, so he did for all what he did for his. “I tried to be fair,” he said.

That included giving the girls baths, a fatherly task that would come back to haunt him.

In 2005, Williams learned that he was accused of rape and sexual abuse of his daughter’s 9-year-old half sister, one of the girls he had helped to bathe and take care of.

The allegations surfaced in interviews at the Prescott House after it was discovered that the little girl had sexually transmitted diseases.

“She said I touched her on her private parts, three times,” Williams said. “She said that I told her if she told everybody what I did, I would kill her.”

The girl’s father was trying to get custody of her. Williams was trying to get custody of his own daughter.

Someone, Williams said, concocted lies to stop that from happening. Lies that wouldn’t go away.

“I was mad as hell,” Williams said. “They were playing with an innocent man’s life.”

Williams was arrested on April 27, 2005, after being indicted by a grand jury.

“I didn’t think it would go that far,” Williams said. “The detective had told me I had nothing to worry about, that a grand jury would never indict me.”

Prosecutors claimed that Williams had sexual intercourse with the alleged victim, and improperly touched her, several times when the girl was between the ages of 3 and 6.

A year later, Williams said he went to trial before an all-white jury, where various family members of the girl — relatives both by blood and by marriage — testified. There were no eyewitnesses, and no physical evidence, such as DNA. Just the word of an abused little girl mired in a dysfunctional family.

A jury on April 5, 2007, unanimously convicted Williams of two counts of rape.

“I cried,” Williams said. “I never was, and never will, be a child rapist.”

Williams waited for jurors outside of the courthouse. He screamed at them as they left, something former Circuit Court Judge Gloria Bahakel noted in Williams’ sentencing hearing three weeks later.

Williams’ pastor, the Rev. Thomas Moon who has since retired from St. Paul Lutheran Church in Titusville, pleaded with the judge not to hold that against Williams. Williams was a member of the church before his arrest, and was in the choir.

“When I went through instruction classes with him, I was aware of the temper problems in the past,” Moon told Judge Bahakel. “I have counseled him on being more respectful of the process and not letting his personal emotions burst out. He has a very strong feeling that he is innocent in this matter.”

At the May 2007 hearing, Bahakel asked Williams if he had anything to say.

“Nothing I can say,” a weary Williams said. “I am still not guilty.”

Prosecutor Jim Neill argued for the maximum sentence.

“This man raped and sexually abused not just once or twice, but several times, according to evidence, a 5 to 6-year-old girl. He deserves the maximum penalty in this case.”

Bahakel sentenced Williams to life in prison. His only previous convictions were for driving without a license, and third-degree trespassing. He was also ordered to enter the prison’s sex offender program.

“I thought it was unbelievably harsh,” Moon said.

Williams went to prison on May 18, 2007.

Prison is not an easy place for convicted child rapists, but Williams said he kept a low profile. Prison records show no infractions, and Williams said he dodged questions from fellow inmates about why he was in prison.

“It was real scary,” he said. “I was nervous at first, but after that I got the hang of it. It taught me a lot.”

Williams repeatedly proclaimed his innocence, and filed appeals to that end, but no one other than his close circle of friends believed him.

That changed in April of this year when the alleged victim, now 15, changed her story.

Drastically.

Problems with the case

On April 14, 2011, the girl was interviewed again at the Prescott House on an unrelated issue. It was then that she admitted Williams had never abused or raped her. In fact, she named someone else as the rapist, and her older half-sister corroborated that with tales of her own abuse.

Jefferson County District Attorney Brandon Falls said his office moved quickly to correct the wrong.

“The victim lied, and she maintained that lie through the investigation and trial,” Falls said. “As soon as we knew that, we contacted the defense attorney and the judge.”

Williams was appointed an attorney and a hearing was set before Circuit Judge Stephen Wallace.

Wallace, in a ruling issued in May 2011, outlined problems with the initial case: From the outset, the alleged victim was reluctant and gave contradictory testimony.

“She merely indicated that the defendant had touched her while giving her a bath. She did not say it was inappropriate,” Wallace wrote. “She was unable to discuss or recall the allegations that she made to the social worker at the Prescott House, even denying at one point that she had made any allegations against defendant. Only in her testimony, and only after being prompted, did she fully implicate Williams.”

In this year’s hearing, the girl was asked repeatedly if he had ever touched her inappropriately or raped her. Each time she categorically denied it. She named the person who raped her and said he threatened her with harm if she ever told, which is why, she said, she wrongly named Williams the culprit.

“The court took exhaustive measures to examine and re-examine,” Wallace wrote. “She was asked every conceivable way whether any touching or abuse occurred, and she repeatedly and unequivocally denied that any such contact or rape ever took place.”

The judge’s order also noted that the girl told her stepmother after trial that she had not been sexually abused or raped by the defendant, but the stepmother never relayed that to authorities. Also, the victim’s half sister testified that she had been similarly abused by the person the victim is now claiming abused her.

Wallace called some of the testimony admitted into the original trial “appalling.”

He also lashed out at William’s original defense attorney, saying he had never requested to look at the victim’s 2003 interview at the Prescott House. “If he had, he would have discovered that she gave no disclosure that anyone had touched her, let alone Williams,” Wallace wrote.

In his findings, Wallace said based on the newly discovered evidence and testimony, “there is a great likelihood that had this information been known, the defendant would not have been convicted.”

There was evidence the alleged victim had had sexual contact, primarily by contracting an STD at age 6, and the judge said he is convinced she was raped by one person, or multiple people.

“The court is hopeful the true perpetrator will be brought to justice,” Wallace wrote. “Regardless, it is the court’s duty to correct the injustice committed here.”

Wallace set aside and reversed the convictions, and ordered a new trial.

Falls said he can’t recall a time in his 14 years at the district attorney’s office that a conviction was secured only to find out the victim was lying.

“I’m not sure there’s anything I can say to rectify the situation. This is a rare circumstance, and it is what everyone in this office works to prevent,” Falls said. “Our job is not to just prosecute, but to honestly seek the truth in every case. We have to rely on witnesses to prosecute those cases. This is a terrible situation where that reliance was betrayed.”

Prosecutors declined to go forward with a new trial against Williams. The person now being named as the suspect has not been charged. “We would have to make sure we had extensive corroborating, independent evidence,” besides the girl’s testimony, Falls said.

Starting over

Williams walked out of the Jefferson County Jail at 6:23 p.m. on Aug. 23.

“First of all, I said, ‘Thank God I am free,’” Williams said.

Wearing his only pair of jeans, a T-shirt and boots, Williams carried with him a partial transcript of his case, and nothing else.

He walked the several miles to the Cotton Avenue apartment of one of his best friends, where he had his first home-cooked meal in years and the support of his good friend Andre Savannah.

“I believe he was done wrong. He lost five years of his life for something he didn’t do,” Savannah said. “It was dirty, and it was wrong.”

Williams came back to virtually nothing.

His apartment, and all of his furnishings, were gone. His daughter’s aunt had kept for him one suitcase of his belongings, such as photos of Williams and his daughter, and his high school diploma.

He recently moved into his own apartment near his best friend, but the efficiency unit is all but empty. He was diagnosed with a learning disability as a child, so he gets a disability check and use it to pay for his apartment. He has a few items of clothing, a pallet on the floor, and a phone with an answering machine. There is no furniture, and no food in the refrigerator which, two weeks after moving in, was still unplugged.

The only decor is a 4 x 6 plaque on the wall that he received from his church before his arrest and conviction. “It was for me being a role model,” he said proudly.

“I don’t like starting over like this,” he said. “It’s very hard.”

In fact, he and his friends aren’t sure where to even start.

“You have to wonder what does a guy do that has been in jail for all these years,” the pastor said. “For him to get back on his feet in this type of economy, with his skill level, is going to be a tough road to go.”

Moon is trying to help guide Williams in this transition.

“I am trying to do what I can to help him out. The state of Alabama just let him out and sent him home, with nothing,” he said. “I would not want to be in his shoes right now. It is an overwhelming task for anyone.”

Though Williams wrote his daughter from prison, he never heard back from her. He has no way of knowing if she ever got his letters. He has not seen her since 2005, when she was 6.

He hasn’t yet tried to see her, he said, because he is afraid of angering her family.

“The hurting part is not seeing my child. It’s very hard,” Williams said. “It’s like a child crying at night, that’s how hard it is.”

“And,” he said, “I don’t know how she’s going to react to me when she sees me.”

“He has every right to see her,” Moon said.

“And is there any way for him to be compensated for the time he was wrongly incarcerated?” Moon said. “Where can he find work? What options does he have? Are they going to ask him where he has been for the past four years? Employers don’t want to mess with that.”

Williams said he has talked to six lawyers since his release, but none would help him. He thinks he finally has found one interested in taking him on as a client.

He wants justice, he said, whatever that may be.

“This part of my life is always going to be forever damaged, and that’s something I’ll never get over,” he said. “Only God knows how frustrated and angry I am.”

He wants his name publicly cleared.

“I ain’t no child molester,” he said. “I don’t just believe in God and his son Jesus Christ, I live it.”

Still, he said he is ready to move forward, somehow.

“I am going to live my life. I am going to get back on my feet,” Williams said. “It’s not by the grace of man, it’s by the grace of God. He done blessed me once; he’s going to bless me again.”

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Innocent Man Awarded $18.5 Million After Wrongful Conviction In Bronx New York And 21 Years In Prison

October 20, 2010

BRONX, NEW YORK – After spending 21 years in prison for a crime he didn’t commit, a city jury this week awarded a Bronx man $18.5 million.

Alan Newton was convicted in 1985 of raping and slicing the face of a woman in the Bronx.

He was released in 2006 after police eventually found the rape kit that they originally said they were unable to locate.

They say it was found once prosecutors provided a copy of the kit’s original voucher.

It did not match Newton’s DNA.

Newton says he hopes the ruling will help others who have been wrongfully convicted.

“I felt like I’m vindicated, after four years, I was exonerated, I walked out of jail but this says from a jury of my peers that we felt the system was wrong and we want to compensate you and we’re also sending a message to the city,” Newton said.

“They [jurors] did tell us post-verdict that what they found was very effective and what upset them was a timeline we presented in my closing argument to the jury where I showed the jury how many times Mr. Newton requested the evidence and what the responses were on each occasion,” said Newton’s attorney, John Schutty.

Since his release, Newton has graduated from Medgar Evers College with a degree in Business Administration and plans to enroll in law school next year.

Meanwhile, Vanessa Potkin, an attorney with the Innocence Project — which helps those who say they have been wrongfully convicted fight their way out of prison — says she believes there are many more Alan Newtons out there.

“We have dozens of cases at the Innocence Project where people are claiming innocence where the city is just saying they can’t find the evidence and New York is far worse than the rest of the country in this area,” Potkin said.

The city released a statement saying, “We are disappointed with the verdict and plan to appeal it.”

Newton says he plans to enroll in law school next year, but not before a vacation.

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Innocent Deaf Man Released From Prison After Being Railroaded By Richardson Texas Police Department

September 29, 2010

RICHARDSON, TEXAS – A deaf Texas man, who was imprisoned for years for a sexual crime, was released from a Texas jail Tuesday after a judge exonerated him on Monday based on new evidence.

Stephen Brodie was convicted of the 1990 sexual assault of a 5-year-old girl largely based on his confession rather than physical evidence, CNN-affiliate KTXA reported.

But new evidence emerged — a fingerprint at the crime scene from a different man who has since been convicted of a sexual crime against an underage teen.

On Monday, Brodie was in a Dallas courtroom where Judge Lena Levario ruled that he would be released, the judge’s clerk told CNN.

Brodie told KTXA that he was harassed by police and confessed to the crime to get them to leave him alone. At some points during the investigation, he was interrogated without a interpreter present, the affiliate reported.

“I felt like I was taken advantage of because I am deaf,” Brodie told the affiliate in a jailhouse interview where he spoke through a sign language interpreter.

A spokesman for Richardson police, the department that arrested Brodie, told KTXA that the department did a thorough and competent investigation.

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Innocent Man Freed After Bogus Houston Texas Rape Conviction And 23 Years In Prison Still Not “Innocent” After Being Cleared By DNA Tests And Release From Prison

May 25, 2010

HOUSTON, TEXAS – A Houston man freed last year after spending 23 years in prison for a rape he did not commit cleared another hurdle Tuesday in his quest to be declared “actually innocent.”

DNA test results released in court Tuesday show that Ernest Sonnier, 47, was not involved in a second rape, which ended in a murder for which he was a suspect in 1985, said Alba Morales, the Innocence Project staff attorney handling the case. She said the test excluded Sonnier from being involved.

In the rape for which he was convicted, DNA testing over the past two years implicated two convicted felons as the perpetrators of the 1985 crime, Morales said.

Sonnier was released last Aug. 6 on a personal recognizance bond that included travel restrictions, including wearing an ankle monitor. State District Judge Michael McSpadden ruled Tuesday that Sonnier can travel freely and no longer must wear the monitor.

He continues to wait for a final ruling on his innocence, as prosecutors continue to investigate the case. He is scheduled to return to court for a hearing in September.

The rape for which he was convicted occurred Christmas Eve 1985, when two men approached a woman at an Alief gas station, forced her into her car by threatening to kill her and drove toward San Antonio. During a seven-hour drive, the men took turns raping the woman. The victim escaped the next morning after the men stopped the car.

Although two men committed the crime, Sonnier was the only person charged. He was convicted a year later and sentenced to life in prison and a $10,000 fine.

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Bogus Murder Charges Dropped After Man Spent 30+ Years In Prison After Wrongful Conviction In Brevard County Florida

December 12, 2008

VIERA, FLORIDA — Charges have been dropped against a man who spent nearly three decades behind bars before DNA evidence cast doubt on his murder conviction, prosecutors in Florida said Wednesday.

William Dillon, 49, has been free on bond since last month, after a judge ordered a new trial because of testing that showed his DNA wasn’t on key evidence from his 1981 conviction.

Prosecutors subsequently concluded that a jury wouldn’t find Dillon guilty “beyond and to the exclusion of every reasonable doubt,” Brevard County State Attorney Norman Wolfinger said Wednesday.

Aside from the DNA test results, nine witnesses from Dillon’s trial have died, and another cannot testify because of medical problems.

Mike Pirolo, Dillon’s public defender, described Wednesday’s development as bittersweet.

“Sweet that justice was done and he’s a free man,” he said. “Bitter that 27 years of his life was taken away that he’ll never get back.”

Two other inmates also spent 27 years behind bars before being exonerated by DNA evidence, the longest such terms, said the Innocence Project, a legal center specializing in wrongful conviction cases.

Testing for DNA evidence wasn’t available when Dillon was originally tried in the bludgeoning death of James Dvorak.

New analysis paid for by the Innocence Project Florida showed Dillon’s DNA was not found on a bloodstained yellow T-shirt presented during his trial. The victim’s blood was on the shirt, along with the DNA of two other people.

Dillon didn’t immediately return a message left Wednesday with defense attorneys.

He had expressed relief when he was released last month.

“When I first went behind the bars, I couldn’t believe that it happened,” Dillon said at the time. “And then I never thought it was gonna be corrected.”

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Bogus Murder Charges Dropped After Man Spent 30+ Years In Prison After Wrongful Conviction In Brevard County Florida

December 11, 2008

VIERA, FLORIDA — Charges have been dropped against a man who spent nearly three decades behind bars before DNA evidence cast doubt on his murder conviction, prosecutors in Florida said Wednesday.

William Dillon, 49, has been free on bond since last month, after a judge ordered a new trial because of testing that showed his DNA wasn’t on key evidence from his 1981 conviction.

Prosecutors subsequently concluded that a jury wouldn’t find Dillon guilty “beyond and to the exclusion of every reasonable doubt,” Brevard County State Attorney Norman Wolfinger said Wednesday.

Aside from the DNA test results, nine witnesses from Dillon’s trial have died, and another cannot testify because of medical problems.

Mike Pirolo, Dillon’s public defender, described Wednesday’s development as bittersweet.

“Sweet that justice was done and he’s a free man,” he said. “Bitter that 27 years of his life was taken away that he’ll never get back.”

Two other inmates also spent 27 years behind bars before being exonerated by DNA evidence, the longest such terms, said the Innocence Project, a legal center specializing in wrongful conviction cases.

Testing for DNA evidence wasn’t available when Dillon was originally tried in the bludgeoning death of James Dvorak.

New analysis paid for by the Innocence Project Florida showed Dillon’s DNA was not found on a bloodstained yellow T-shirt presented during his trial. The victim’s blood was on the shirt, along with the DNA of two other people.

Dillon didn’t immediately return a message left Wednesday with defense attorneys.

He had expressed relief when he was released last month.

“When I first went behind the bars, I couldn’t believe that it happened,” Dillon said at the time. “And then I never thought it was gonna be corrected.”

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