Date   : Fri, 08 Feb 1985 13:14:03 EST
From   : Steve Noland <NOLAND@USC-ISI.ARPA>
Subject: Final resolution of the MOG-UR (Tom Tcimpdis) prosecution.

I picked this file up from a local BBS this morning - thought the
net would be interested since it seems to have turned into a test case
on the liability of RBBS sysops.


7AM, 02/07/85:
    PURSUANT TO A TELEPHONE DISCUSSION WITH REGINALD DUNN,
HEAD OF THE CRIMINAL DIVISION OF THE L.A.  CITY ATTORNEY'S
OFFICE, I WAS INFORMED THAT THE PROSECUTION BELIEVES IT HAS
INSUFFICIENT EVIDENCE TO CONTINUE THE PROSECUTION OF TOM
TCIMPIDIS, SYSOP OF MOG-UR.  THIS DETERMINATION WAS MADE AFTER
I REQUESTED A REVIEW OF THE CASE ON 1/11/85 AFTER THE
DEPARTURE OF CITY ATTORNEY IRA REINER TO BECOME D.A., AND
WHILE THE CITY ATTORNEY'S OFFICE IS BEING RUN BY THE CIVIL
SERVICE STAFF PENDING ELECTION OF A NEW CITY ATTORNEY.  MR.
DUNN HAS GIVEN ME HIS WORD THAT THE PEOPLE WILL SEEK DISMISSAL
OF THE CHARGES AGAINST TOM UNDER CALIF.  PENAL CODE SECTION
1385, I.E., DISMISSAL IN THE INTERESTS OF JUSTICE.  UNDER
CALIFORNIA LAW, SUCH A DISMISSAL IS "WITH PREJUDICE" AND THE
PEOPLE CANNOT REFILE THE CASE SUBSEQUENTLY.  TO PUT IT
SUCCINCTLY, A DISMISSAL WILL TERMINATE THE PROSECUTION
PERMANENTLY.
    AS THE MEMBERS KNOW, THE CITY ATTORNEY'S OFFICE HAS
PREVIOUSLY RENEGED ON REPRESENTATIONS MADE TO ME REGARDING
DISMISSAL OF THE CHARGES....I WISH TO ASSURE EVERYONE THAT I
HAVE KNOWN MR.  DUNN FOR 10 YEARS, AND I TRUST HIS WORD
COMPLETELY.  IF HE SAYS THE CASE WILL BE DISMISSED, I AM
SATISFIED THAT SUCH AN ACTION WILL OCCUR.
     WE WIN.  WIN....WIN....WIN....WIN....WIN....MY THANKS TO
EVERYONE WHO CONTRIBUTED TO SUPPORTING TOM AND I IN THE
DEFENSE OF THIS MATTER.  I CONSIDER THIS TO BE A MAJOR VICTORY
FOR THE RIGHTS OF FREE SPEECH OVER THE "BIG BROTHER"
MACHINATIONS OF THE PHONE COMPANY.
     I WOULD BE GRATEFUL IF YOU WOULD DOWNLOAD THIS MESSAGE
AND PLACE IT ON OTHER SYSTEMS THROUGHOUT THE COUNTRY.....THIS
IS A VERY BIG VICTORY, AND THE BBS AND MODEM COMMUNITIES
SHOULD KNOW ABOUT IT.
     AGAIN, THANKS FOR THE SUPPORT.   BEST WISHES TO ALL,
                        CHUCK LINDNER
                        ATTORNEY FOR SYSOP TOM TCIMPIDIS
.
8PM, 02/07/85:
     THE CASE OF PEOPLE V. TCIMPIDIS, AKA USE A MODEM, GO TO
JAIL, WAS DISMISSED IN THE "INTERESTS OF JUSTICE" THIS
MORNING, 2/7/85.  AS NOTED EARLIER, THIS DISMISSAL IS WITH
PREJUDICE, AND TOM IS NOW FREE OF THE PACTEL SCOURGE.  ANOTHER
SMALL STEP FOR SOMETHING RESEMBLING JUSTICE.
                        CHUCK