Former reporter convicted of impersonation

By Melinda Donnelly / The Citizen

Thursday, June 23, 2005 9:35 AM EDT

AUBURN - A former reporter was convicted in city court Wednesday for sending disparaging e-mails under the names of his ex-supervisors.
Joseph West, who worked for The Citizen from July 2002 until June 2004, testified earlier in the day and denied having sent e-mails defaming The Citizen publisher Rick Emanuel and executive editor Mikel LeFort.

The jury deliberated for about two-and-a-half hours before finding West guilty of two counts of second-degree criminal impersonation, each punishable by up to a year in jail.

"The jury did a good job of sifting through what was essentially a circumstantial case," chief assistant district attorney Jon Budelmann said. "This case shows that you can't hide behind the anonymity of the computer. It sends a message to people thinking about doing something like this."

West sent the e-mails to The Citizen and to its corporate headquarters in Davenport, Iowa, on Sept. 21, 2004, from a computer account registered to his then-girlfriend, Shelly Oddo.

Oddo had also been employed by The Citizen and she and West were living together in Seneca Falls at the time. The couple has since married.

In his closing argument, defense attorney Michael Bass said there was reasonable doubt because Oddo could have sent the e-mails. He also said it should be clear that, from the content of the e-mails, no one could conclude that Emanuel and LeFort actually wrote the messages.

"No one was knowingly trying to impersonate anyone," Bass said. He called the e-mails a "tasteless, venomous, hurtful prank."

West, Bass continued, "said he didn't do it. All the evidence the prosecution put forth said someone else did."

In his closing, chief assistant district attorney Jon Budelmann said West intended to cause injury to Emanuel and LeFort. He called the case "straightforward" and said West clearly wrote the e-mails.

"I submit it's all right there; no question," Budelmann told the jury.

"He (West) had the knowledge. He had the ability. He had the motive."

One question raised during the trial was whether someone else could have sent the e-mails from Oddo's computer. Shawn Butler, an Auburn police officer and forensic computer examiner, testified on Wednesday that there was no evidence someone remotely accessed Oddo's computer.

"You have to be quite technically savvy to do that," Butler said.

"I don't usually see a hacker breaking into a home computer. You need a lot of knowledge to go to that extent."

LeFort testified Wednesday that editors sat down with West in January 2004 to review his performance.

"At that point, we pointed out that there were a number of problems with his performance," LeFort said. "He came in with no story ideas and often didn't contribute to the newspaper."

West, he said, was "defensive and argumentative."

"Attorney Bass made the comment in court that this was one of the easiest cases he's handled," Emanuel said.

"I'm just glad the jury was able to see the evidence and find Joey guilty. It's some sort of vindication for anyone who has been victimized through the Internet from people thinking they're going to be able to hide behind the screen."

West's sentencing takes place July 13.

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