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Chief
12-21-2007, 10:19 AM
http://columbian.com/news/localNews/2007/12/12212007_Journalist-sentenced-in-computer-crime.cfm

Friday, December 21, 2007
BY STEPHANIE RICE Columbian staff writer

A Columbian reporter pleaded guilty Thursday to attempting to access an ambulance's computer.

Don Hamilton, 54, was sentenced by Clark County District Court Judge Rich Melnick to serve five days of community service and pay $347 in fines and fees.

Hamilton pleaded guilty to attempted computer trespass in the first degree, a gross misdemeanor.

On July 18, Hamilton was covering a SWAT standoff in which a Vancouver police officer had been shot. Hamilton went to Southwest Washington Medical Center, where he found the ambulance that had transported the wounded officer.

Senior Deputy Prosecutor Jim David said Hamilton got in the vehicle and looked at its computer screen to try to ascertain the name of the officer or any other information regarding the standoff.

Melnick questioned whether an ambulance employee showed Hamilton how to use the computer.

"I'm curious how he was able to do it," Melnick said.

Defense attorney Steve Thayer said that has been a point of contention.

Thayer said an American Medical Response employee let Hamilton look at the computer. The state, however, would have called witnesses at trial to testify nobody gave Hamilton permission or showed him how to use the computer, Thayer said.

Rather than go to trial on what would have been a felony computer trespass charge, Hamilton opted to take advantage of an offer to plead guilty to a misdemeanor, Thayer said.

Hamilton's 30 years as a journalist includes stints at The Oregonian and the Portland Tribune. He has worked for The Columbian for two years as a general assignment news reporter.

Thayer said Hamilton did not realize he was breaking a law simply by looking at information on a computer.

Melnick said the incident appears an "aberration" in conduct by a respected reporter.

"What I'm hearing is that this is out of character for Mr. Hamilton," Melnick said.

Columbian Editor Lou Brancaccio agreed.

Brancaccio said Thursday that this was a unique situation in his 32 years in journalism. "Hopefully we all learn a lesson from this and move forward," Brancaccio said.

What lesson would that be Lou??... Don't get caught??

I question just how out of character this is for either Don Hamilton or the Columbian. In fact this kind of behavior is right up both of their ambulance chasing alleys.

No doubt we'll be hearing another half-assed quasi- mea-culpa soon...

::)

Waterbuffalo
12-21-2007, 03:27 PM
"Rather than go to trial on what would have been a felony computer trespass charge, Hamilton opted to take advantage of an offer to plead guilty to a misdemeanor, Thayer said."

Honestly wonder if they could have made this level of a charge stick for felony computer trespass. Wonder if there is a Washington state law against felony level computer "Access?" not just this little thing..

Chief
12-21-2007, 04:56 PM
Without reviewing the exact case law, and the exact wording of the law, this doesn't sound like a little thing if he was looking at a felony. Someone did him a big favor by offering him a plea...

Waterbuffalo
12-21-2007, 07:57 PM
"Someone did him a big favor by offering him a plea..." Do you think the local government took a nice shining to him and that now has his ass shining CRCP stuff? I noticed when he was at the meeting he didn't have a pad, pen or was doing much writing.

But hey, I did love noticing all the rest of the reporters around us!