Mitnick Trial Delayed For Last Time
Tue Jul 13 00:47:59 MDT 1999

After nearly four and a half years of waiting, legal battles, and seemingly
unending court appearances, Kevin David Mitnick was to have his day yesterday.
Unfortunately, like so many times before, judge Mariana Pfaelzer pushed
the sentencing back one last time. In a somewhat humorous one and a half hour court
session, Pfaelzer allowed Mitnick's attorney Don Randolph to file one last
fifteen page document to counter damage figures presented by the prosecution.

In the past few months, the question of proposed restitution has been the topic
of concern. Damage figures range from '80 million' to exactly 299,927,389.61 
dollars. Today, two more figures emerge and give a better estimate of the
official 'damage' done. US attorneys David Schindler and Christopher Painter
asked for 1.5 million dollars to be set, while Don Randolph countered with
$4,500 arguing that under the stipulations of the plea agreement, Mitnick would
not be able to pay much more.

Late last week, the prosecution released interviews and additional discovery from
victim companies establishing further damage amounts. Further establishing a
pattern of witholding discovery, the prosecution ultimately lead to Pfaelzer's
decision of a two week continuation. The continuation was preceeded with strict
instructions that only one more document could be filed by Randolph to counter
the most recent set of damage figures.

A second issue was put to rest today. Almost one month ago, several documents
regarding damages from various victim companies were released via sites like and These documents according to Painter were strictly
confidential, and were intentionally leaked by Randolph in order to further
embarass the victim companies. No explanation was given as to how he reached
that conclusion or why the victim companies were reporting multi million dollar
losses and not reporting them to the SEC or shareholders.

"That is the end. He will be sentenced. There will be restitution." Pfaelzer
concluded the session today. Regardless of what happens, at 1:00pm on July 26th,
1999 will see the end of this case.

The following are some notes and quotes taken during the court session today. * Courtroom was quite full. Several members of Kevin's family, former legal aid, staff and many reporters showed. * Randolph complained about prosecution not disclosing critical information until 7.8.99 even though it was obtained on 6.2.99. * Prosecution gave Kevin Poulsen (who attended) as an example of one way Mitnick could earn a living that would pay back the 1.5 million proposed restitution. (we doubt Poulsen makes THAT much) * Randolph was not sanctioned for disclosure of victim damage letters. "You should be protecting the victims." - Pfaelzer to the prosecution "I sometimes wonder what you have in mind." - Pfaelzer to Painter after ignoring a direct question three times in a row. "I think the court knows the law, but the government doesn't." - Don Randolph referring to the prosecution "There is a motion filed by one of you every day." - Pfaelzer referring to excessive motions filed by both the prosecution and defense. (the following quote may not be exact) "We need an extra clerk just to file all your motions. Then you need someone else to take care of the papers saying you didn't get all of the other papers." - Pfaelzer referring to several motions by Randolph demanding the prosecution release materials to him.