Mitnick Trial Date Set
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October 8, 1997

By DAVID HOUSTON
City News Service

LOS ANGELES (CNS) - A federal judge today seemed to back away
from her earlier promise not to let famed hacker Kevin Mitnick
anywhere near a computer to prepare for his trial.

Mitnick attorney Donald Randolph told U.S. District Judge Mariana
Pfaelzer there are potentially millions of documents on databases
that could take hundreds of hours to inspect and read.

Assistant U.S. Attorney David Schindler said if all the documents
were printed it would fill up a larger space than the courtroom.

Reluctantly, the judge seemed to warm to the idea of allowing the
defendant to use a computer.  She told Randolph to confer with
prosecutors to find the best way for Mitnick to view evidence
against him.

But Pfaelzer warned:  "I'm not going to have a whole succession
of unfortunate events to take place because while he was
incarcerated we gave him access to a computer."

Randolph wants Mitnick to be allowed to use a laptop computer,
under supervision, at the federal Metropolitan Detention Center.
He promised the computer would be modem-less, to prevent Mitnick
from wreaking the kind of havoc he has done in the past.

Mitnick was on parole for other computer-related offenses when he
and co-defendant Lewis DePayne went on a 1992-95 hacking spree.

According to a 25-count federal indictment, Mitnick and DePayne
stole millions of dollars in software from high-tech companies,
damaged USC computers and used stolen computer passwords.

DePayne, who is not in custody, did not show up in court today.
Attorney Richard Sherman said his client was in San Francisco.
Pfaelzer's comments came during a trial date-setting status
conference.

The judge tentatively set trial for April 14.  But Randolph
warned that it might have to be pushed back if it takes longer
than expected to view the computer-held evidence.

"I'm told it could take more than 200 hours to look at all the
stuff that is there," he said.

Earlier this year, Pfaelzer told Randolph "no way, no how" would
she allow the habitual hacker access to another computer.

Pfaelzer has good reason to be leery of Mitnick.

He has been before her several times for different,
computer-related offenses.  In June, she gave him 22 months
behind bars for violating his parole and breaking into Pacific
Bell's computers.

The judge also chastised Randolph for the amount of bills he has
submitted to the court for Mitnick's defense---particularly for
computer experts.  Mitnick has no money and the government is
paying the legal bills.

"I've rarely ever seen bills that high.  I'm absolutely stunned
at what those bills look like," she said.  "If you think you're
going to have an unlimited budget, you're wrong."