ID theft retrial in Palin hacking hinges on appeal

CHATTANOOGA, Tenn. (AP) - Prosecutors say a Tennessee man convicted of two federal charges in the hacking of Sarah Palin's e-mail account would be retried on an identity theft charge that left a jury deadlocked only if the defense is granted a retrial.

David Kernell, 22, was found guilty April 30 of obstruction of justice and unauthorized access to a computer, but acquitted of wire fraud after Palin's account was hacked while campaigning on the Republican presidential ticket in 2008. The jury deadlocked on an identity theft charge.

Assistant U.S. Attorney Greg Weddle on Friday noted defense requests for a retrial. He said if a retrial is granted on either of the two charges resulting in conviction, the identity theft case also would be retried.

Palin was the star trial witness.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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