Latest Happenings in the case
February 5, 2003 - Letter arrives
from the Georgia Department of Corrections as follows: We are happy
to inform you that your case has been closed here in this office
without adjudication of guilt due to you having completed the terms
of probation as imposed under the First Offender Act. You are therefore
discharged under the provisions of said act (OCGAA42-8-60,et.seq.):
A. The defendant be discharged without adjudication of guilt;
B. That this discharge shall completely exonerate the defendant
of any criminal purpose.
C. That this discharge shall not affect any of said defendant's
civil rights or liberties; and
D. The defendant shall not be considered to have a criminal conviction.
E. Thi discharge may not be used to disqualify a person in any
application for employment or appointment to office in either the
public or private sector.
January 17, 2003 - 1 Year Probation
Ends. This Probation period wasn't even supposed to happen under
the aggreement the State proposed to my Lawyer and I but Judge had
no choice under the guidelines of the Hacking Statute that "Needs
serious Fine Tuning".
June 25, 2002 - TechTV Documentary
and interview airs. They also interviewed Dr David Anderson, Director
of SETI who was instrumental in showing support of David McOwen
and the Distrubuting Computing Technology that the State of Georgia
said was a criminal technology and the State wants to shut down.
May 5, 2002 - TechTV did a documentary
and interview, details to follow on air date.
So many people to thank. Putting up a new page here called Thank
1-17-2002: A settlement is
reached in the case in Court. An agreement as close to the State
would go in saying the charges never should have happened. There
will be no criminal record and exoneration of any criminal purpose.
The State asked for and was granted $2,100 in restitution to be
paid to DeKalb Technical College (presumed to be the actual amount
to go around and click on the delete key to remove the Distributed.net
program). 80 Hours of Community Service specified to not have anything
to do with Computers. There was not supposed to be a Probation period
but the Judge had no choice but to issue a Mandatory 1 Year Probation
based on the Hacking Statute that the State was charging David under.
12-20-01: Georgia AG's Office
Caught red-handed breaking into Forum site setup for the support
of David. Click
here for more info.
12-19-01: The new first Court
Calendar Call Date has been set for January 18th 2002 and the Trial
Date has now been set for January 28th 2002.
12-14-01: The discovery and
evidence material for trial has now been turned over to Mr Joyner
of the defense. (An image of
12-5-01: The original first
Court Calendar Date of December 10th 2001 has been put off by a
continuance granted by Judge Workman today. The State has not handed
over Discovery evidence to the defense yet at this time. There is
no firm date set yet with speculation that the date may be towards
the end of January 2002.
11-8-01: Standing between Ms.
Schansman (an Attorney representing the Attorney Generals Office)
and Mr Joyner today in front of the Judge, David McOwen's Trial
date was set for December 10, 2001.
is arrested and jailed, booked and now awaiting trial. The State
of Georgia has proceeded with the
indictment and have handed down 8 Felony counts, 1 Count of
Computer Theft, 7 counts Computer Trespass. Each count carries a
15 year possible prison term for 120 years maximum possible term.
Each count also carries $50,000 fine plus the original $415,000
restitution and damages, so the State is seeking $815,000.
8-2-2001: Based on the fact
that the CNet
News article specifically mentioned David's place of employment
Wireless), Cingular has summarily terminated him from his job
in fear of bad publicity! He is now not only staring at mounting
legal bills and the possibility of prison, he has no income. This
has gotten completely out of hand. The State of Georgia has no concern
for their ridiculous actions and the unnecessary grief they are
causing this family.
7-8-2001 - Journalists begin to cover
the Story and the Case. It appears in everything from the LA Times
to the Boston Globe in print and online in places such as O'Reilly,
SlashDot and Wired.com. On Television the story is covered on TechTV
segment called The Screensavers with John Dvorak.
7-7-2001 - News of this spreads on
the Internet around the world. An online petition is placed online
by a supporter. David get's thousands of E-mails and phone calls.
7-6-2001 - Attorney General's Office
informs David's Attorney that David will be facing at least 2 Felony
counts each carrying 15 years and $50,000 fine for each count plus
the State is seeking $415,000 the State claims the Distributed.net
program cost the State in Internet Bandwidth.
7-5-2001 - Thanks to friends and Networking
David meets with Attorney David Joyner that will take the case.
7-1-2001 - David writes a plea for
help to the Internet Community at large.
6-30-2001 - David gets a call at work
on unpublished Work only Cell phone at 5PM from a Georgia Bureau
Of Investigations Agent. He asks if David is familiar with a program
called Distributed.net and he says yes. He then says that he has
been investigating David for 18 months and he as well as the Attorney
General Thurbert Baker have decided to go forward in prosecuting
David for Felony Counts under the Georgia Hacking Statute. David
says are you aware you are talking about a Screen Saver? The Agent
says the next time he will be speaking to David will be through
an Attorney and he hangs up.