Philip Russell’s Motion to Dismiss denied
August 24th, 2007 by Gideon | 
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On Wednesday, Judge Nevas denied Philip Russell’s motion to dismiss. The prosecution shall continue. In his decision, the judge said:
“In sum, there is no merit to Russell’s arguments, which essentially ask the court to make a factual determination that the government cannot prove either a nexus or intent,” Nevas wrote. “It is well settled that such factual determinations are for a jury, not the court, to decide after hearing the government’s proof and being instructed on the law.”
Russell had argued that he cannot be guilty of obstructing an FBI pornography investigation because he was unaware that the computer had become the subject of a secret FBI investigation two days before he destroyed it.
Because he was unaware of an investigation, Russell argued, he lacked the intent necessary to be convicted of obstruction of justice.
Previous Phil Russell coverage here.
Sphere: Related ContentThis entry was posted on Friday, August 24th, 2007 at 8:57 am and is filed under philip russell. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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