General Sessions Court Judge Bob Moon on Wednesday rejected a plea bargain worked out by a prosecutor and defense attorney in a case alleging computer “hacking” against the Walden Security firm.
Judge Moon said the deal did not provide adequate punishment for Mike Jason Turner of 1310 Reserve Way.
The affidavit of complaint filed by Officer Larry Lockmiller on Sept. 29, 2006, stated that “Amy Walden of Walden Security reported that an unknown party hacked into the Walden Security computer system on Sept. 7, 2006, using an employee password. The suspect stole the email addresses of over 900 Walden Security contacts, customers and potential customers. The suspect then changed the password where Walden security employees could not enter their computers.”
Walden Security officials contacted Comcast Cable Communications, Inc., in an attempt to locate the subscriber through an I.P. address.
The officer said on Sept. 19, 2006, Comcast disclosed that the subscriber was “Jason Turner of 1310 Reserve Way, Apt. 101, Chattanooga, Tennessee.”
Police said Turner is a former employee of Walden Security and “left on bad terms.”
A search warrant was executed on Turner’s apartment and an Acer laptop computer and cable modem were seized.
Officials said Turner used the addresses to send newspaper and media accounts of owner Mike Walden’s two-year suspension by the Tennessee Walking Horse Association.
Attorney Dan Ripper said the defendant had no prior criminal history except for traffic citations and requested that his client be granted a diversion and suspension of the prosecution for one year.
Attorney Bart Quinn, who represents the Walden firm, said a pending civil case is ongoing and that Walden Security had obtained a restraining order against Turner prohibiting him from making any further entry into the Walden computer.
The plea bargain submitted to Judge Moon for approval would have passed the case one year to be dismissed if Turner did not violate the law during the probationary period.
In rejecting the plea bargain, Judge Moon said, “This case appears, based upon representations of respective counsel, to be a very vindictive and spiteful series of acts on behalf of Mr. Turner. A premeditated and bold entry into corporate computers resulting in disruption of business is very problematical and is a gross invasion of corporate privacy.
"Granting a diversion to Mr. Turner based upon these compelling facts serves as no deterrent to others. I cannot accept a plea bargain under these stipulation of facts that imposes no fine, no court costs, no counseling and not a single day of unpaid public works.”
Following Judge Moon’s denial of diversion, Turner chose to waive his preliminary hearing and bound the case over to the Hamilton County Grand Jury.
Officials said punishment for computer “hacking” in Tennessee can range from a Class C midemeanor to an A felony depending upon the seriousness of the offense and damage done. The prosecution had agreed to allow Turner to sign his waiver and proceed on a Class A misdemeanor basis for diversion purposes.
Mike Walden said in a Circuit Court lawsuit filed last September that he and his company, Walden Security, were defamed by an email sent out by an anonymous person.
The suit, which at the time was filed against "John Doe," asked compensatory and punitive damages.
Mr. Walden, a member of the Hamilton County Election Commission, said the email went out to hundreds of his firm's clients, prospects and business associates.
The suit says it contained "false and defamatory statements" about Mr. Walden and his company.
It says the email must have been sent by someone with close knowledge of the company.
The complaint says the email "held Mr. Walden up to ridicule and contempt and caused him to suffer damage to his good name and reputation."
It says it caused him "mental pain and suffering."