I haven't written much about the Terry Childs case recently, mainly because
there's not much to tell. Childs is still in jail, his bail is still set at a
ridiculous $5 million, and he still hasn't had his day in court. It's been
nearly 18 months since his arrest for refusing to hand over administrative
passwords to San Francisco's city network.
In that time, three of the four charges against him were dismissed, yet numerous
motions for bail reduction have been denied, presumably because the judges are
terrified of what they don't understand, and the DA is playing that up.
Regardless of what you might think of Childs' culpability in this whole saga, I
don't think there's anyone who could think that spending 18 months in a city
jail without a trial is in any way a reasonable situation. Anyone involved in
this case within the San Francisco city government and prosecutor's office
should be deeply ashamed at how this case has (or hasn't) played out.
[ InfoWorld contributing editor Paul Venezia has led the way in reporting the
bizarre case of Terry Childs. Consult our InfoWorld special report for a
complete index of that coverage. ]
So what's the holdup? I wish I knew. It's probable that the DA has done no
homework on the technical issues in play here and is instead more than willing
to use the Frankenstein offense: It's different, so it must be killed. On the
other hand, maybe the city did figure out just how ridiculous the whole scenario
is but was too far down the line to pull back the reins and is continuing with
the prosecution just to save face.
But almost guaranteed is the fact that the DA wants this to fade into obscurity
and then get it over with. In the meantime, Terry Childs will spend yet another
Christmas in jail.
But this Christmas may be different from the last -- opening statements in the
case are set to begin on Monday, and reportedly Gavin Newsom, the mayor of San
Francisco, will be called as a witness. You may recall that Childs gave the
passwords to Newsom shortly after being incarcerated. That will certainly be
some interesting testimony.
If you've been following this case at all, you'll recall that in the summer of
2008, this blog was filled with speculation regarding public statements made by
the city and the general lack of a technical foundation. It then proceeded to
get worse, with some comments seemingly made up out of whole cloth, put forth by
those who lacked even a basic level of understanding of the technical nature of
the case. The "1,100 modems" comment certainly comes to mind. That's died down
considerably, probably because they would've had to hire a fiction writer to
keep up the initial pace.