Attorney: Defendant in Sarah Palin e-mail hacking case won’t testify in Tenn. trial

Defendant in Palin hacking case won’t testify

KNOXVILLE, Tenn. — The attorney for a former University of Tennessee student charged with hacking Sarah Palin’s e-mail says the defendant will not testify in his federal trial in Knoxville.

Prosecutors say David Kernell was trying to derail Palin’s campaign when he accessed her personal e-mail account while she was the Republican candidate for vice president in 2008.

Kernell’s attorney, Wade Davies, said Monday morning that Kernell won’t testify and that the defense has rested its case after only putting one witness on the stand Friday, an FBI agent who said Kernell had been emotionally upset.

Convictions on the identity theft and three other felony charges carry a maximum possible penalty of 50 years in prison.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

KNOXVILLE, Tenn. (AP) — A former University of Tennessee student charged with hacking Sarah Palin’s e-mail must decide if his testimony will help his defense as the federal trial moves into its second week in Knoxville.

Prosecutors say David Kernell was trying to derail Palin’s campaign when he accessed her personal e-mail account while she was the Republican candidate for vice president in 2008.

Kernell’s attorney, Wade Davies, said after the government rested its case Friday there is a possibility his client will testify.

U.S. District Judge Thomas Phillips told Kernell that the decision whether to testify in the case is his alone.

Kernell faces up to 50 years in prison if convicted of identity theft and three other felony charges.