Date: Wed, 2 Jul 2003 08:26:21 -0700 From: "Jennifer Ruggiero" Subject: Re: update on Sherman Austin's case [ Webmaster's note: Jennifer Ruggiero is Sherman Austin's mother. ] Please feel free to e-mail me your comments, questions and/or concerns to jmi4678@netscape.net: On June 30, 2003 Sherman Austin went to court for sentencing, which was expected to be 4 months in jail, and 4 months in a community corrections facility--recommended by the USPO and prosecutors. At the start of the hearing, Austin's lawyer, public defender Ron Kaye, opened up with an introduction stating that Austin was a non-violent person who knowingly realized he acted immaturely at the time of posting the "reclaim guide" to his site when he was 18 (he turned 20 this year). Mr. Kaye further stressed how Austin was evaluated by a psychologist. In the analysis the psychologist found Austin to be non-violent by nature, but unaware of what the consequences could be if the posted information was accessed by someone wanting to hurt others. The psychologist recommended that Austin serve his time in community service rather than be placed in a prison. The Judge had different plans. A few minutes into the introduction, Judge Wilson expressed how he felt the sentencing range should be based on the crime not on a Freudian analysis. The atmosphere of the court room immediately turned political as Judge Wilson said "this should be looked at with more of a deterrence outcome to future Revolutionaries wanting act in a similar manner." (When did Austin become a revolutionary?) Judge Wilson then criticized the prosecutors for agreeing to a plea that was only 4 months in jail, stating, "out of all the nonsense cases you bring me, you finally bring something serious but don't take it serious." Austin's lawyer tried to assure the Judge that Austin was not a violent person and that the psychological evaluation report attached to the pre-sentencing indicated that Austin was indeed a non-violent person, the prosecutor stated how the recommended sentence of 4 months in jail and 4 months in community corrections seemed appropriate, however Judge Wilson didn't seem to care. Judge Wilson expressed his wanting to make an example out of Austin by saying this case should be looked at with more of a deterrence outcome for those wanting to act the same as Austin in the future. Judge Wilson stated 4 months jail time was too little punishment, and said he wanted Austin to serve at least 8-10 months jail time. But before making his final decision, Judge Wilson said he wanted to hear the opinion and recommendation coming directly from the FBI. No, not from the FBI agents working on the case, but the head Director of the FBI, Robert S. Muller, and the Justice Department in Washington, DC. Austin's sentencing was rescheduled to July 28th, 03 Sherman Austin is being charged with a felony conviction: FELONY 18 U.S.C. 842 (p)(2)(A): DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION WITH THE INTENT THAT SUCH INFORMATION BE USED IN FURTHERANCE OF A FEDERAL CRIME OF VIOLENCE. Austin entered a plea with a sentencing range between 8-14 months. If going to trial Austin faces a potential "Terrorism Enhancement" which can add an additional 20 years to his sentence.