Tuesday, December 28, 2010
This is Michigan's first criminal prosecution for snooping in a spouse's e-mail. So far two Michigan judges have refused to toss out the charges in the potentially precedent-setting case.
"It's outrageous. It's insane," Walker, who is now divorced, told ABC News.
Prosecutors contend that Walker -- who is a computer technician -- illegally hacked into his wife's computer after she had filed for a divorce, but Walker's lawyer calls the prosecution's claim an overzealous reach.
"People who live under the same roof, be they married or not, and who share a computer -- as in this instance -- they may have some personal privacy lines that they adhere to. And if they don't, that's between the two individuals," defense attorney Leon Weiss said.
"The word 'e-mail' does not appear in this statute. This is an anti-hacking statute," Weiss said. "It does not, in any way, shape or form, encompass reading somebody's e-mail."
Prosecutors scoff at defense claims that Walker is a victim.
"Apparently they are trying the case in the media because they are not doing so well in the courts," Oakland County Prosecutor Jessica Cooper said in a statement.
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