The motion to delay the trial was granted today. Instead of the trial against Deric Lostutter to begin on November, 8th, it has been rescheduled to December, 4th 2016.
This might mean that Deric either gets a Christmas present of being set free or a lump of coal, that being a stint in the federal slammer.
Dress nice and be nice are two of the more important instructions handed down by the judge presiding over the trial of Deric Lostutter starting 15 days or so from now.
I find it surprising that it is necessary for the judge to remind the legal councils on each side of rules they should have learned in law school, but it is what it is.
The first of one of the more interesting rules is that nobody is to chew gum or tobacco in court. This is understandable as the custodians might not want to clean up the resulting messes from such a practice.
Everyone is also instructed to dress nice and don’t slouch. Nothing said about putting feet on the desk or another chair but one can assume that is a no no as well.
Everyone is also instructed not to make “gestures” which I can assume means that no flipping the bird, sticking out of tongues or other nastiness that has been seen at other trials.
The judge closed out his instructions that included the legal equivalent of being taken to the woodshed if anyone decided not to behave themselves and abide by the rules.
Something else for everyone to look forward as the trial date approaches.
Deric could not have picked a worst time to be going on trial for his alleged part in the Steubenville Big Red website hacking.
There was a massive DDOS attack recently that disabled Twitter, Netflix and hundreds of other websites. Some may ask what this has to do with Deric.
The answer is quite simple. Since this is a jury trial, his fate will be decided by people from the community where the court is located. Those on the jury will be from varying backgrounds and will not necessarily know a heck of a lot about how the internet works.
All these people will understand is that someone like Deric and those he associates with, made it so they could not communicate with their friends on twitter or perhaps not be able to watch that movie or tv show they have been waiting a long time for to show up on Netflix.
The jurors will have all this in the back of their minds when the Government starts making their case and providing the evidence against Deric.
When Batcat testifies against Deric, it will incite the jury that much more. The arguments the Defense will likely argue may not sit well with the jury since it can be assumed that each of them have experienced one problem or another due to a hacker or other prankster on the internet.
The public is finally getting tired of having their lives on the internet disrupted by trolls and other mischief makers.
They will be looking for a way to vent their frustration and Deric will be on their radar.
Asst US Atty Neeraj K Gupta filed a motion objecting to Deric Lostutter’s motion asking for a modification of his pre trial condition. He wanted his wife to be able to solicit for donations on his behalf.
The US Atty argued as follows:
The government does not appear to be happy with the fact that he has made over three grand a month and violating the terms of his release in the process.
As of this writing, there has been no decision by the judge to either allow the modification request or for the defense motion to a continuance of the trial past it’s current date of November, 8th, 2016