eBay hacker trashes bail with caps-lock defence

[InfoSec News <isn () c4i org>]

http://www.theregister.co.uk/content/55/24470.html

By Kevin Poulsen
Posted: 19/03/2002 at 05:18 GMT

Accused eBay hacker Jerome Heckenkamp is back behind bars tonight,
after his first solo court appearance in front of his trial judge took
an odd turn.

During what was to be a routine proceeding to set future court dates,
Heckenkamp challenged the indictment against him on the grounds that
it spells his name, Jerome T. Heckenkamp, in all capital letters,
while he spells it with the first letter capitalized, and subsequent
letters in lower case.

Last week, Heckenkamp, 22, fired attorney Jennifer Granick, and
co-counsel Marjorie Allard, in order to personally defend himself
against two federal grand jury indictments charging that he cracked
computers at eBay, Lycos, Exodus Communications, and other companies
in 1999. It was the second time Heckenkamp fired his lawyers -- in
January, he had a federal magistrate appoint him as his own counsel,
only to change his mind the same day.

At Monday's appearance, Judge James Ware seemed initially perplexed by
Heckenkamp's challenge, and spent some time explaining the nature of
the proceedings. Finally, he advised Heckenkamp to take it up in front
of a jury when he goes to trial. "I cannot help but comment that you
have substituted out a capable attorney," the judge added.

Heckenkamp went on to demand that he be immediately allowed to take
the stand and testify, and was again rebuffed by Ware, who noted that
the appearance was not a hearing or a trial.

The computer whiz then asked the court to identify the plaintiff in
the case. Ware explained that the United States was the plaintiff, and
was represented by assistant U.S. attorney Ross Nadel. Heckenkamp said
he wanted to subpoena Nadel's "client" to appear in court, and Ware
asked him who, exactly, he wanted to bring into the courtroom.

When Heckenkamp replied, "The United States of America," Ware ordered
him taken into custody.

"The comments that you are making to the court lead me to suspect that
either you are playing games with the court, or you're experiencing a
serious lack of judgment," said Ware. The judge added that he was no
longer satisfied that Heckenkamp would make his future court
appearances.

Heckenkamp had been free on $50,000 bail, and living under electronic
monitoring -- prohibited by court order from using cell phones, the
Internet, computers, video games and fax machines.

Before two deputy U.S. marshals hauled Heckenkamp away, he threatened
legal action against the judge. "I will hold you personally liable,"  
he said. "I will seek damages for every hour that I'm in custody."

In a telephone interview after the appearance, Heckenkamp's father,
Thomas Heckenkamp, said his son is only trying to protect his rights .  
"They've overstepped their bounds, and they're keeping him from
defending himself," he said.

Heckenkamp's next court appearance in San Jose is scheduled for April
8th. Trial in a related case in San Diego is set for April 23rd.



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