www.zdnet.com/zdnn/stories/news/0,4586,2310792,00.html?chkpt=hpqs014 -> zdnet.com.com/2100-11-515370.html?legacy=zdnn&chkpt=hpqs014
That development could speed the release of the 35-year-old, removing an obstacle that could have prevented Mitnick from going free from federal prison soon after he is formally sentenced Monday in an unrelated federal case. The problem with that charge is that Mitnick, posing as a Welfare Fraud investigator, simply picked up a telephone on Dec. Bershin first informed Los Angeles County Superior Court Judge Leland Harris of the district attorney's intention to drop the case at the July 28 hearing, a position that caught Harris off guard. As early as July 7, Deputy District Attorney Larry Diamond -- who had originally handled Mitnick's case -- was vigorously arguing against any reduction in Mitnick's $1 million bail pending trial. Judge 'curious' "So I'm curious as to why all of a sudden between July 7 and July 28 we have this radical change in position," the judge asked of Bershin. Halfway house an option Harris' action clears the way for Mitnick's freedom. He is due to be sentenced in federal court for several hacking charges he pleaded guilty to in March. Randolph said he is optimistic Pfaelzer will grant the request, but if she doesn't Mitnick is set to go free sometime in January. Still at issue is the amount of money Mitnick must repay in restitution. His victims, including several high-tech giants such as Sun Microsystems (Nasdaq: 22 SUNW) and Motorola Corp. Mitnick, through Randolph, argues that he is leaving prison broke and that conditions of his probation, once he is released, severely restrict his access to a computer, the only way he knows how to make a living. Pfaelzer has indicated that she will order Mitnick to make some restitution, which she is scheduled to decide Monday as well. Mitnick was arrested in 1995 after a high-profile, two-year, electronic manhunt for him.
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