Subject: [NEXTEL-1] Radio Hacker Gets "8" The Hard Way-

From: [email-masked]
Date: Thu, 13 May 2004 20:14:19 -0400

8-year sentence for radio interference UW grad's actions labeled
terrorism

By Kevin Murphy
Correspondent for The Capital Times
May 13, 2004

A University of Wisconsin graduate student
convicted in federal court of intentionally jamming
the Madison emergency radio system 37 times last
year was sentenced in federal court as a domestic
terrorist Wednesday to eight years in prison,
placed on three years' probation and ordered to
make restitution of $6,005 to the Madison Police
Department.

Although the government considered Rajib Mitra,
25, of Brookfield, the equivalent of a domestic
terrorist, based on an application of the Patriot Act
that punishes the substantial disruption of a critical
public infrastructure, Assistant U.S. Attorney Tim
O'Shea said Mitra's crime stemmed more from
"immaturity than ideology."

"The case was about domestic terrorism, not like
what happened in New York, but by the immaturity
of the defendant," whose technical skills were
further advanced than his social skills, O'Shea
said.

It was the first time a sentence for substantial
disruption has been imposed since new federal
guidelines went into effect in November; otherwise,
Mitra may have been sentenced to a maximum of
two years, said his attorney, Christopher Van
Wagner.

"Rajib was not the guy this guideline was intended
for. ... This was a law intended to ... snare
terrorists ... and he was a misguided but very
gifted young man. Why does he get slammed at
that level? ... The answer is because of the Patriot
Act's directives," Van Wagner said after court.

In a defiant statement to District Judge John
Shabaz, Mitra bristled at the government labeling
him a domestic terrorist and continued to dispute
that he intentionally threatened public safety. In
asking for leniency, he said he was only close to
four persons: his parents, who are in poor health;
his grandmother; and his girlfriend, all of whom
may not be there when he is released from prison.

"My limited social skills will make it difficult to reintegrate into
society," Mitra said.
In rejecting Van Wagner's arguments, Shabaz found that the computer
science student converted a radio receiver to transmit tones that
interfered with the 800 mHz emergency radio system used by police, fire
and paramedics. Shabaz recounted trial testimony about the disruptions
that prevented police officers from communicating with each other while
making arrests, kept paramedics from getting patient information to
hospital staffs and decreased safety for firefighters while on calls.
"These are communications used to save lives," Shabaz said.

Shabaz also increased Mitra's sentence for perjury, calling his trial
testimony about the accidental transmissions being caused by a loose
wire, "almost a fairy tale," that no reasonable jury would believe.

Radio disruptions occurred between January and early October 2003,
mainly in the 500-600 blocks of State Street and near Orchard and Regent
streets, but turned both areas where Mitra lived last year into a "dead
zone," O'Shea said.

The radio interruption on Halloween night continued for three hours.
Mitra was also found guilty of interfering with the police radio system
for broadcasting on Nov. 11, when he downloaded 12 pornographic sound
files from the Internet. The sound was heard over the radio police wear
near their collar, causing officers all over the city of Madison to turn
down their radios while in contact with the public, O'Shea said.

Mitra has credible grounds for an appeal, including Shabaz's refusal to
answer a jury question about Mitra's intentions to disrupt the radio
system.

"There's an awfully good chance that Rajib Mitra is innocent," said Van
Wagner, who will turn the appeal over to another attorney.

Published: 10:05 AM 5/13/04

http://www.madison.com/captimes/news/stories/74232.php
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