Charges against teen hackers reduced to misdemeanors

By The Associated Press

Friday, March 28, 2008 9:48 AM EDT

SYRACUSE - A prosecutor has decided to reduce charges against three high school students accused of hacking into a school district computer system and changing their grades.
Onondaga County District Attorney William Fitzpatrick said he agreed to reduce the charges from felony counts to misdemeanors so the young defendants could avoid jail.

In November, police accused six Fayetteville-Manlius High School students and two graduates of using a keylogging device to gain access to the school's computer system, where they were able to capture administrative passwords and change grades. Administrators initially feared that the group may have tampered with hundreds of records, including SAT test scores, but investigators said the group only altered their own records.

Prosecutors had reached a plea agreement with the three defendants - Ahmed Souid, Joshua Brown and Christian Bucknell - to admit to felony charges of computer trespass. If they made restitution, did community service and stayed out of trouble for six months, they would be allowed to withdraw their felony pleas and plead guilty to misdemeanor charges of unauthorized use of a computer.

But County Court Judge Anthony Aloi insisted that if they pleaded guilty to a felony they would have to serve time behind bars.

By reducing the charges, the cases would be returned to Manlius Town Court, where the cases would remain pending for six months, Fitzpatrick said.

They would then be sentenced to conditional discharges. As youthful offenders, the convictions would be removed from their records.

If they fail to do as required or get in any other trouble during that time, the prosecution could indict the cases and pursue felony prosecutions, he said.

Fitzpatrick said he also planned to let three other defendants plead guilty to misdemeanors and receive conditional discharges with youthful offender status. The remaining two students face misdemeanor charges and would have them adjourned in contemplation of dismissal, meaning the charges would be dismissed outright without any admission of wrongdoing if they stayed out of trouble, Fitzpatrick said.

Defense attorneys for the defendants could not be immediately reached for comment.

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