FREE JESSE

     We are esposing the Justice Department's political agenda against hackers by blowing the Jesse McGraw case wide open for the public to witness and identify the conspirators who cunningly manufactured the case in order to use him as a vehicle to carry their message to other hackers, which establishes gross discrimination and the agenda itself, even to the extent of media sensationalism, yellow journalism, and black propaganda.

     AUSA Candina S. Heath is the prosecutor over his case.  She also presides over Barrett Brown, Matthew Weigman, Carlton Nalley.- and possibly Andrew Auernheimer (Weev), if they retry him in proper venue- which would most likely be in Dallas and most likely put him directly under the jurisdiction of Federal Prosecutor Heath. She was only recently forced by court order to drop ten of the eleven charges against Brown, when it was ruled that his charges were unconstitutional, and this was after she ordered a gag order on him to keep him from being able to give the public his side of the story, trying to control the press as well.  A court ruling proves that she violated the constitutional rights of one hacker just recently, as well as seeing to it that Jesse McGraw and Matthew Weigman were given grossly exaggerated sentences, prosecuting their cases with EXTREME prejudice.  An obvious pattern of bias, and no technical knowledge of the subject; yet she is placed over every cybercrime case that comes within her range.  She also shows that she is quick to abuse her position and overreach her powers, and not even held accountable to this, see the case of Lt. Col. Robert Morris, click for article  Attorney Heath made it quite clear she has no intention of playing fair but rather is combative and contentious, such as her stance about denying the defense access to the mountain of data complied as 'evidence' until the last possible moment, making it impossible for the defense to comb through and discover what of the mountain of data provided will actually be used against their clients. Quoted by the Dallas News - '"Although the discovery in this case is voluminous, the government has provided most of the evidence in a searchable or easily accessible electronic form,” she wrote.   Not so, said some defense attorneys in the case. In pretrial filings, they accused the government of waiting too long to put the evidence in a searchable database. It took more than six weeks just to convert, court documents show.' click for article

 

     So what possibly motivated this rogue prosecutor to slant Jesse's case with such conviction? Possibly because he was the first person in recent U.S. history to ever be convicted of corrupting industrial control systems, and they wished to 'send a message', clearly indicating that the scales of justice are not level. Candina is a lawless courtroom choreographer who viciously lashed out at Jesse to add another notch to her belt, and she accomplished this by deliberately withholding exonerating evidence, concocting fabrications, while sworn under oath, making references to non-existent 'evidence', and by monopolizing on his lawyers, initiating them in the cover up.

     These accusations are not unsubstantiated.  We have his documents.  This is fact.  Why does Jesse not just appeal his sentence?  The answer is - he has been forced into silence. His lawyer, Edmundo Espinoza, refuses to file it, pushing him over 15 months past the filing deadline, and he threatens to abandon the case whenever Jesse asks questions.

     Jesse is a hostage and a political prisoner who was threatened with 20 years, (propaganda motivated political positioning) but ended up receiving 110 months (over 9 years) to appease a biased campaign to use him as a message bearer. Judge Jane Boyle's own admittance at his sentencing, as quoted by the Dallas Morning News conveniently proves this fact. Message received.

     So in order for Candina remain a government prosecutor, she can never allow Jesse's appeal to reach any judge.  She has to block him, and she uses his legal representation to do so, which also implements the lawyer as co-conspirator. House of cards...  as long as Jesse cannot appeal, the cover-up remains in tact. Since he cannot reach the courts, he will plead his case to the public for all the world to see.

 

 

WHAT IS MALICIOUS CODE?

18 U.S.C. 1030(a)(5(A) "To knowingly cause the transmission of a program, information, code or command, and as a result of such conduct intentionally caused damage without authorization, to a protected computer, and the harm threatened public health and safety."

 

     In plain terms, a 'malicious code' is not exclusive to a computer virus, but could be defined by a wide range of things, from installing LimeWire without the owner's permission, to installing a botnet.

 

 

WHAT WAS JESSE CHARGED WITH?

*Installing 2 commercial remote desktop programs called LogMeIn and TeamViewer  on a Heating Ventilation and Air Conditioning (HVAC) computer at the Carrell Clinic in Dallas, Texas which is used to temperature control for the first and second floors used by the North Central Surgical Center.

*Installing the RxBot (botnet) on a nurse's station computer located on the 5th floor of the Clinic.  RxBot, aka W32/Sdbot.worm is an IRC controlled backdoor used for remote access to a compromised computer. It can be used to send spam, install adware, or launch a DDOS attack over the internet.

 

 

 

FACT vs FABRICATION

 

FABRICATION  

Jesse attacked a hospital's HVAC system with botnets for preparation of a massive DDOS attack for Devil's Night (Independence Day) which gave him the potential to modify temperature controls during the hot Texas summer, and he had the ability to alter or impair patient diagnostics, which could have overall resulted in a reckless risk of death or bodily injury.

 

FACT

Jesse was never charged with installing a botnet on the HVAC system.  He did not even work at a hospital. The Carrell Clinic consists of private practices specializing in out-patient orthopedics and sports medicine.  The botnet on the nurse's station computer was completely unrelated incident to him installing remote access desktop software on the HVAC.

Evidence proved that Jesse used the HVAC purely for personal use; such as buying car magnets on vistaprint.com, reading email, checking Myspace, Instant Messaging, and downloading a password recovery tool.  Tom Blair, administrator of the Clinic said himself there was no evidence that patient info had ever been compromised.

 

 

 

FABRICATION

FBI Special Agent Lynd, while under oath, accused Jesse of hacking into computers belonging to NASA, and the Dallas Police Department's Aviation systems at Lovefield Airport, which was used to pad the charges against Jesse so he would not be granted bond as well.

 

FACT

The confidential witness (cw-1) in this case, Robert Wesley McGrew, a computer security researcher at Mississippi State University, supplied the FBI with screen captures from Jesse's photobucket account, which actually shows a cross-site script (XSS) vulnerability test on NASA.gov - a PUBLIC domain and in no way hosted on NASA's local area networks.  Akamai Technologies hosts the NASA website, but Wesley never made the slightest distinction between a test script verses a 'hack', allowing his evidence to be knowingly misinterpreted as actual evidence of hacking. Dallas PD reported that an intrusion did occur, but it did not coincide with Jesse's attempted cracking of the RDP, and the report indicated the attack originated locally - not remotely.

 

 

 

 

FABRICATION

Special Agent Lynd accused Jesse of owning a fake ID document manufacturing kit, which then Prosecutor Heath used as an argument to support Jesse as being a flight risk if released on bond he would assume another identity.

 

FACT

The 'fake ID kit' in question turned out to be a children's microscope set from Wal-Mart.  It comprised of a plastic blade, magnifying glass, shrimp hatchery, and microscope slides.

 

 

 

FABRICATION

Wesley reported the FBI that he was being harassed and/or intimidated by members of Jesse's hacking collective, the ETA (Electronik Tribulation Army).  Wesley is quoted from  click here for article "“They set up website in my name to pose as me, and put up embarrassing content or things they thought would embarrass me, including a call-to-action to buy sex toys, and fake pornographic images..." Jesse was accused and charged with Obstruction of Justice/Witness Intimidation solely upon the accusation of Candina Heath, who claimed that Jesse had ordered the ETA to attack Wesley.  Wesley himself never identified anyone specifically involved, least of all Jesse himself.

 

FACT

John Nicholson, Jesse's public defender, is quoted in the same article, "“I haven’t seen or heard anything that in my opinion amounts to obstruction of justice for my client," and he also states in reference to Wesley McGrew that McGrew has "gone out of his way to engage these ETA people... He talks about the case on his blog all the time. It’s my understanding that he taught aspects of this case in his class. He communicates voluntarily with members of the ETA.” In Jesse's evidence there is a phone recording from 06/14/2010 where Jesse telephoned XxxImmortalxxX to destroy the ETA's websites, to prevent them from being used as a platform to harass Wesley.  Jesse destroyed his own crew's hangout in order to help protect Wesley.  Any letters and phone recordings in the FBI's possession and/or case file pertaining to this event was either withheld or destroyed, even by his own lawyer, Todd A. Durden (conspire much?  hmmm).  No actual evidence links Jesse to the so-called harassment, so Candina Heath used her own sworn testimony to fabricate this 'link', extending Jesse's already grossly over-exaggerated sentence.  Mind you, creating such a website IS protected under the First Amendment, and that right was brazenly violated and obstructed under the guise of it being criminal, and the person responsible for creating it actually admitted to its creation, yet Jesse alone has been forced to suffer for it.

 

 

 

FABRICATION

In order to increase Jesse's prison sentence with a Leader/Organizer role enhancement, SA Lynd and Candina fabricated the number of participants in Jesse's crime using all the hackers associated in his cellphone's address book, and yet if others were equally guilty, the government failed to arrest and prosecute anyone other than Jesse himself. This raises the issue of Selective Prosecution.

 

FACT

Jesse took the proverbial bullet by covering for his friends, Fixer (Benjamin Nichols) and Splax0r (Curtis Ringwald), who are equally as responsible for the intrusions as Jesse.  But still this does not meet the criteria of the 5 or more participants needed to legally establish the enhancement on Jesse's original sentence.

 

 

 

FABRICATION

Special Agent Lynd accused Jesse of posing a risk of Obstruction of Justice if he was released on per-trial bond because Jesse said he could 'send a signal to a cellphone and erase its forensic evidence.

 

FACT

Agent Lynd deliberately misquoted Jesse from his YouTube video entitled "ETA member arrested" in which Jesse says he intends to text message flood a cellphone in the FBI's possession to freeze the network, and force them to remove the battery and thus, disconnect the mobile AOL IM service - but that it actually would NOT erase forensic evidence.

 

 

 

FABRICATION

Jesse tried to erase incriminating evidence about himself from his gmail account instructing his sister to delete it.

 

FACT

What was not allowed to come out was that his sister had told him during a recorded jail phone call that somebody was accessing his account, trying to send incriminating emails as him, and that is why Jesse told his sister to delete it, as he assumed that the FBI already had copies of his email contents.