Eroding the Presumption of Innocence in USA

You may be laboring under the false impression that people charged with crimes in the USA are presumed innocence until proven guilty beyond a reasonable doubt in a court of law.

I regret to inform you that presumption is being eroded away.

Kevin Poulsen has a compelling read in FBI Arrests Hacker Who Hacked No One about the case of Taylor Huddleston was arraigned on March 31, 2017 in the Federal District Court for the Eastern District of Virginia, docket number: 1:2017 cr 34.

Kevin’s crime? He wrote a piece of software that has legitimate uses, such as sysadmins trouble shooting a user’s computer remotely. That tool was pirated by others and put to criminal use. Now the government wants to take his freedom and his home.

Compare Kevin’s post to the indictment, which I have uploaded for your reading pleasure. There is a serious disconnect between Poulsen’s post and the indictment, as the government makes much out of a lot of hand waving and very few specifics.

Taylor did obtain a Release on Personal Recognizance or Unsecured Bond, which makes you think the judge isn’t overly impressed with the government’s case.

I would have jumped at such a release as well but I find it disturbing, from a presumption of innocence perspective, that the judge also required:

My transcription:

No access to internet through any computer or other data capable device including smart phones

Remember that Taylor Huddleston is presumed innocence so how is that consistent with prohibiting him from a lawful activity, such as access to the internet?

Simple response: It’s not.

As I said, I would have jumped at the chance for a release on personal recognizance too. Judges are eroding the presumption of innocence with the promise of temporary freedom.

Wishing Huddleson the best of luck and that this erosion of the presumption of innocence won’t go unnoticed/unchallenged.

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