Judge says she doesn’t consider the underlying charges to be important (the DDoS charges) but absconding charge (failure to appear) is a serious roadblock in the way of X getting a sentences of time served.
Prosecution is arguing for a low-end sentence for but it is still more than time served and Rorty is currently countering that.
Judge thanks us (X’s supporters) for coming to court in person, they are still working out sentence time, but the judge is currently going over X’s charges.
Moving back to discussion of the sentencing. Rorty is giving his presentation right now on the judge’s initial statement, bringing in statements from his probation officer.
Rorty adds context as to why X fled using legal precedents and why its inextricably tied to the other indictments. Now he’s going to let X give his statements on the issue.
As a summary of X’s statement:
- He expressed how benign cyber protests are
- He showed remorse to late Jay Liederman and the people of Santa Cruz for going on the run and gaining the failure to appear charges
- He said he’s retiring because of his health and asks judge for mercy
It’s also another point of emphasis to add context to X’s failure to appear charge, and the judge also expressed that she’s reassured that X won’t need to appear in court again.
The prosecution goes completely heartless asking for several months of sentencing and restitution to the City of Orlando. Neither prosecution nor judge is sympathetic to the context of fleeing.
Sentenced as follows:
- 1 year probation + supervised release to be served concurrently (conditions for both same)
- Term of time served
- Will have to pay restitution (amount will be worked out later)
- Will have to undergo mental health assessments along with probation
There’s some conditions for release like submitting his electronics to searches, mental health assessments, etc and they will work out the amount for restitution in a later restitution hearing.
No restriction of computer conduct but it will be subject to searches.
They’re gonna work out restitution later, but he’s getting out! Hearing is over they’re taking X back to Santa Rita where we’ll meet him there. #FreeCommanderX
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The hearing on November 9 will NOT happen, it is being postponed to JANUARY 11 to allow time for the transfer of the Orlando indictment to Santa Cruz as well as discovery giving a complete picture of loss attributable to the ORL DDOS attack.
Although X will have to spend more time waiting in Santa Rita Jail, there is some decent news because his lawyer confirmed that SC can't document significant loss as a result of the DDOS attack, so that indictment will probably be negotiated to a misdemeanor plea or dropped.
When the January 11 plea hearing happens we will be at the San Jose Courthouse showing support for our bro! In the meantime, we also urge everyone to sign&share this petition and put pressure on the City of ORL to recommend their indictment of X be dropped chng.it/ZdfyfMDryr