5 years in prison for reading his wife's email?

[denem]

A story as old as time: One spouse (Clara) is cheating, the other (Leon) is snooping...
Then the lawyers get hold of it ...

First Four Paragraphs:

Is reading wife's e-mail a crime? Rochester Hills man faces trial.

Rochester Hills man faces up to 5 years in prison -- for reading his wife's e-mail.

Oakland County prosecutors, relying on a Michigan statute typically used to prosecute crimes such as identity theft or stealing trade secrets, have charged Leon Walker, 33, with a felony after he logged onto a laptop in the home he shared with his wife, Clara Walker.

Using her password, he accessed her Gmail account and learned she was having an affair. He now is facing a Feb. 7 trial. She filed for divorce, which was finalized earlier this month.

Legal experts say it's the first time the statute has been used in a domestic case, and it might be hard to prove.

http://www.freep.com/article/20101226/NEWS03/12260530/&template=fullarticle

Complication 1. The husband, Lean bought the laptop
He says - it was a family computer
She says - he bought it her use alone

Complication 2. Husband works as a computer technician
She says - She kept her passwords secret
He says - She wrote down them in a book

Complication 3. Three marriages, Leon was husband No.3
Wife Clara having affair with xHusband no.2
Husband 1, is father of their son

Complication 4. Everyone's standby - Child abuse.
Husband 2. abused, allegedly abused the son.
Husband 3. Leon, sent wife Clara's emails to Husband 1.
Husband 1. Sues for custody of child

Complication 5. DA charges Husband 3, Leon, with Identity Theft

Oakland County Prosecutor Jessica Cooper defended her decision to charge Leon Walker.

"The guy is a hacker," Cooper said in a voice mail response to the Free Press last week. "It was password protected, he had wonderful skills, and was highly trained. Then he downloaded them and used them in a very contentious way."

Complication 6. Only in America
Story turns up as top tier news around world:
Universal appeal / Americans are So Stupid

[elocs]

1. I read about that here earlier today:

http://demopedia.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x76057

[denem]

4. OK. I think I've done a better job.

It took some thinking to get my brain around it.

[dkf]

2. Is this reverse sexism?

Since more men cheat, I imagine more women must be guilty of this.

Didn't Tiger's wife check out his cell phone?

[ZombieHorde]

3. If I was on the Jury, I don't think I would call him guilty for ID theft. nt

[denem]

5. How far does snooping go before it's identity theft?

Private Deceives impersonate all the time, as I remember it.

[ZombieHorde]

10. Private Deceives? Do you mean private detectives?

I don't have a precise answer to your question. The role of a juror is much simpler than the role of a legislator.

[howaboutme]

6. It's called

sinking into a slimy pit of oblivion that only average (ie average non elitist Americans) can easily find themselves given our corrupt one-sided justice/legal system and attorneys.

If you have family wealth, proper ethnicity, pedigree and education these become non-problems.

[denem]

9. Oakland County Prosecutor Jessica Cooper

has achieved International renown. There should be annual awards for this stuff.

[RUMMYisFROSTED]

7. So, don'do it!

http://www.youtube.com/watch?v=f67UPPEkFNs&feature=re

...(read the e-mail)

[Kaleva]

8. My wife's sister checked her hubby's cell phone records.

Shit really hit the fan when the calls between hubby and her supposedly best friend were discovered.

[denem]

11. Something like that happened to Tiger.

then out came the golf club ...

[sarcasmo]

12. If this guy goes to jail so should a lot of parents.

[howaboutme]

13. Wife is cheating

the husband finds out. He should not be charged with a felony. Both should be divorced. She needs blamed. The DA is way out of line here. Charging him with a felony for looking at his cheating wife's email is as absurd as not charging Lindsay Lohen with a serious felony after 5 times beating her drug rap.

[Recovered Repug]

14. I googled the prosecutor and found this case.

http://www.mlive.com/news/detroit/index.ssf/2010/09/did_oakland_county_prosecutor.html

She seems to be building a reputation for being "aggressive" - for lack of a better word.