June 5, 2000
| Brief Amici Curiae in support of defendent's motion for clarification of the terms of his supervised release |
June 2, 2000
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Notice of application, application for clarification of supervised release terms and conditions, declaration of counsel and exhibits, and memorandum of law |
August 20, 1999
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Emergency Motion |
August 16, 1999
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Ex Parte Application for Order that Defendant be Housed at MDC Pending Designation |
July 26, 1999
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Ex Parte Application To Unseal Defense Request for Sanctions and Pleadings Relating to Restitution; Declaration of Gregory L. Vinson |
June 28, 1999
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Ex Parte Application for Temporary Release |
June 7, 1999
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Defense Consolidated Motion for Sanctions and for Reconsideration of Motion for Discovery and Application for Expert Fees Based upon New Facts |
May 6, 1999
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Government's Request for an Order to Show Cause Why Defense Counsel Should not be Sanctioned for Releasing Confidential Victim Loss Letters: Government intends to hold Kevin's attorney Donald Randolph in contempt for revealing documents which were previously filed as publicly available court documents, with no protest from the prosecution. Perhaps the corporations the government has named as victims in the case are unhappy at this publicity, and the possibility of SCC and IRS investigations into why the information in these letters was never revealed to their stockholders. It now seems even more likely that the financial loss figures in the case against Mitnick were fabricated with one purpose: to keep him imprisoned without bail and without trial for a lengthy period. While they may have succeeded in this, the revelations of the deception will finally force the prosecutors to answer some very difficult questions. (click here to view the loss letters) |
May 10, 1999
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Motion to Bifurcate Hearing on Restitution: Defense requests that the Court "bifurcate the hearing on Restitution into, first, a hearing on the Defendant's Ability to Pay, and second, if necessary, a hearing on the Amount of Restitution." |
April 19, 1999
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Notice of Motion and Motion for Discovery: Defense requests that the government not delay disclosure of discovery related to restitution issues to be addressed in court. |
April 5, 1999
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Notice of Motion and Motion to Suppress Evidence: "...Tsutomu Shimomura and his associate, Andrew Gross, acting as government agents, illegally intercepted wire communications without a court order..." |
April 5, 1999
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Notice of Motion and Motion to Suppress Evidence seized in Washington state |
April 5, 1999
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Notice of Motion and Motion to Suppress Evidence seized in North Carolina |
March 9, 1999
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Reply to Government's Opposition RE: Motion for Discovery |
February 22, 1999
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Motion for Court Order RE: Discovery; Request for Sanctions |
January 22, 1999
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Defense Reply in Support of Ex Parte Application to Continue Trial Date |
January 21, 1999
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Government's Opposition To Defendant Mitnick's Ex Parte Application To Continue Trial And Order Discovery |
January 19, 1999
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Ex Parte Application RE: Continuance of Trial Date and Request For Order RE: Discovery |
December 3, 1998
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Court transcript Discussion of trial continuance date..... A statement from the defense's motion (challenging prosecution's apparent attempt to convince the judge that files erased from a disk are equivalent to words erased from a piece of paper) is misinterpreted as a comment on "the court's presumed lack of expertise in sophisticated computer technology"..... Judge indicates she will separate the trials of Kevin Mitnick and co-defendant Lewis DePayne. |
December 2, 1998
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Court transcript Brief dispute over whether trial should be continued..... Judge again indicates her eagerness to try the case..... Judge is upset and puts the government on notice to watch for anything "untoward" to happen because a 2600 staffer legally requested her financial disclosure reports (which are on record for all judges, to lessen the possibility of their involvement in cases in which they have financial interests). The basis of this paranoia? It was assumed the person was "a friend of Mr. Mitnick's" because that person had an address in North Carolina, the same state where Kevin was arrested in 1995. |
December 2, 1998
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Defendant Mitnick's Response to Government's Consolidated Opposition To Defendant's Motions; Declaration of Donald C. Randolph |
December 2, 1998
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Declaration of Donald C. Randolph in support of motion for discovery and motion to continue |
December 2, 1998
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Government's Consolidated
Opposition To Defendant Mitnick's Motion: (A) For Discovery And (B) To Continue
The Trial In This Matter; Memorandum Of Points And Authorities Government's response to Nov. 24 motions, denying that they violated terms by which evidence was to be given to the defense; and denying that there was any government intrusion on the client-attorney privilege between Mitnick and his former attorney. |
November 24, 1998
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Motion to Continue Trial
Date Motion filed Nov 24, 1998 to the Court for an order continuing the trial date, currently scheduled for January 19, 1999, until April 13, 1999. |
November 24, 1998
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Motion for Discovery
Motion filed Nov 24, 1998 to the Court for an order requiring the government to produce discovery pursuant to the Court's June 3, 1998 Omnibus Order Re: Discovery and Pretrial Management. |
October 19, 1998
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US Supreme Court Denies Emergency Application for Bail Again |
October 1, 1998
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Emergency Application for Bail for Bail Re-Submitted to the US Supreme Court |
August 24, 1998
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US Supreme Court Denial of Emergency Application for Bail |
August 18, 1998
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Petition For Writ Of Certiorari
From The US Court Of Appeals For The Ninth Circuit. For review of
Mitnick's supervised release conditions. Click here to view the section outlining Kevin's release conditions |
July 18, 1998
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Emergency Application for Bail From The US Court Of Appeals For The Ninth Circuit |
July 1, 1998
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Denial of Petition for Re-hearing of Bail Motion. |
June 17, 1998
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Supplemental Memorandum Re: Petition For Reconsideration; [Proposed] Order |
June 15, 1998
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Petition For Reconsideration
Or, Alternatively, For Permission To Appeal regarding the Court's denial of Kevin's right to review computer evidence |
May 30, 1998
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Court Link File 1, Catalog of Events |
May 30, 1998
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Court Link File 2, Catalog of Events |
May 20, 1998
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Ninth Circuit Court of Appeals
order affirming District Court's conditions of supervised release
Request for oral argument on the appeal was flatly denied; and "Mitnick's challenge to the supervised release conditions on vagueness grounds because 'computer' and other terms are not defined also fails because the conditions give Mitnick fair notice of what is prohibited." |
May 20, 1998
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Court transcript |
May 19, 1998
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Ninth Circuit Court of Appeals order upholding District Court's summary denial of bail |
May 14, 1998
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Defendant Mitnick's Opposition To Government's Proposed Omnibus Order Re: Discovery And Pretrial Management |
May 8, 1998
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Defendant DePayne's Response To Government's Proposed Omnibus Order Re: Discovery And Trial Management |
May 7, 1998
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Memorandum of Law and Facts in Support of Bail Appeal from the US District Court for the Central District of California |
April 27, 1998
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Opposition To Government's Proposed Findings Of Fact And Conclusion Of Law RE: Defendant's Application For Release Pending Trial |
March 30, 1998
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Court transcript: The Court refuses to even consider bail motion, refuses Defendant access to computer evidence for review (due to security concerns), and the amount of paperwork in the case becomes problematic. |
March 25, 1998
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Kevin Mitnick's Application For Release On Bail Pending Trial |
March 19, 1998
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Defendant's Reply To Government's Opposition To Supplemental Law Library Time |
March 3, 1998
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Reply To Government's Opposition To Defendant's Motion For Access To A Computer For Review Of Discovery |
February 26, 1998
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Motion RE: Supplemental Law Library Time |
February 26, 1998
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Appellant's Reply Brief |
December 12, 1997
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Appellant's Opening Brief (Federal appeal) |
October 8, 1997
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Court transcript (concerning Defense review of computer evidence; and the Court believes the Defense is asking for too much money for Kevin's legal defense) |
June 27, 1997
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Court transcript: Response by defense and prosecution to conditions of supervised release |
June 23, 1997
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Court transcript: Conditions of sentence and supervised release |
June 16, 1997
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Court transcript: 1st Sentencing hearing on violation of supervised release |
June 9, 1997
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Court transcript: Fugitive status hearing |
October 7, 1996
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Court transcript |
September 26, 1996
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Indictment
Basically, Kevin is charged with accessing several corporate computer systems without permission, and copying proprietary copyrighted software. He is not charged with selling this software, or using it; simply with copying it. The indictment contains the government's charges against Kevin. |
April 22, 1996
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Court transcript: Agreement to a plea bargain on North Carolina charges, in order to have Kevin's case transferred to his home state of California. |