Xbox Modder Trial: Prosecutors Dismiss Case Mid-Trial
From wired.com:
Full Story: wired.com
Federal authorities in the first-of-its-kind game console modding criminal trial abruptly dropped their prosecution here Thursday “based on fairness and justice.”
During his testimony, Rosario [undercover agent with the ESA] said Crippen inserted a pirated video game into the console to verify that the hack worked. That was a new detail that helped the government meet an obligation imposed by the judge that very morning, when Gutierrez ruled that the government had to prove Crippen knew he was breaking the law by modding Xboxes.
But nowhere in Rosario’s reports or sworn declarations was it mentioned that Crippen put a pirated game into the console. Shortly before Rosario’s testimony during opening statements, defense attorney Koren Bell told jurors that there would be no evidence of that kind.
Defense attorney Callie Steele objected to the new testimony. And as court was to get underway here early Thursday, prosecutor Chiu told the judge that he first learned of Rosario’s newfound recollection days before trial. Chiu conceded he never forwarded that information to the defense.
“That fact was disclosed on Sunday,” Chiu told the judge. “We should have disclosed that to the defense right away.”
In light of that omission and “based on fairness and justice,” Chiu moved to dismiss the case, conceding that the government had made errors in its prosecution.
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