published Monday, January 30th, 2012

Conviction and sentence upheld in Sarah Palin email case

  • photo
    David Kernell leaves the Federal Courthouse for a lunch break Thursday, April 22, 2010 in Knoxville, Tenn. in this file photo.
    Photo by Associated Press /Chattanooga Times Free Press.

A federal appeals court panel has upheld the conviction and sentence in the hacking of Sarah Palin’s email by a Tennessee student in the 2008 election year.

The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell for obstructing an investigation as a University of Tennessee student at his apartment in Knoxville.

Kernell’s attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account when the then-Alaska governor was John McCain’s running mate on the Republican presidential ticket was a prank.

Kernell was released in November after serving less than 11 months and Davies said he is doing well.

Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.

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