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Hacker’s attorneys using Asperger's syndrome as defense
On Tuesday, attorneys for the 28-year-old Albert Gonzalez--dubbed as one of the most notorious hackers in the world--asked the presiding judge for leniency while sentencing him, citing Asperger's syndrome--a form of autism.
by Priyanka - December 19, 2009 - comments
Gonzalez has been convicted in the case of theft and reselling of more than 170 million ATM and credit card numbers.
The hearing in the Gonzalez’s case was due on Monday in Boston Federal court. However, the federal judge, Patti Saris, agreed to postpone the hearing date after mental illness claims filed by Gonzalez’s attorneys.
The new hearing date has not been decided yet, but this delay will provide prosecutors time to evaluate the hacker’s claim at mental illness.
History of the mastermind behind the hacking
In September, Gonzalez, a former government informant, pleaded guilty to at least 20 counts of identity thefts, computer fraud, and wire fraud.
Though he has repeatedly said in his statements that he’s not the mastermind behind hacking on such large scale, prosecutors have emphasized that he has led the group of hackers to steal payment card numbers from the cooperate systems of BJ's Wholesale Club, Dave & Buster's, Sports Authority, TJX Companies, OfficeMax, Barnes & Noble, Boston Market, Hannaford Brothers, Heartland Payment Systems, and 7-Eleven.
According to court documents he has surrendered close to $1.1 million in cash, and faces a prison sentence up to 15 to 25 years.
Gonzalez’s attorneys attempting to get him less prison time
According to Gonzalez’s attorney, Martin G. Weinberg, they hired a forensic psychiatrist, who questioned Gonzalez and found out that his client’s criminal behavior "was consistent with description of the Asperger's disorder" and "Internet addiction."
The court should keep his mental condition in mind while sentencing him in the case, he said.
As per Gonzalez’s attorney, Martin G. Weinberg of Boston “Mr. Gonzalez’s offenses are at least in part correlated to an Internet compulsion . . . and impaired judgment.’’
Gonzalez’s attorney using the Autism as a possible excuse?
It could be possible that attorneys of hacker are taking some inspiration from another case, where a Los Angeles hacker got his sentence reduced by 55 months for engaging in a multimillion-dollar computer fraud, after being diagnosed with Asperger syndrome in August.
According to the Dania Jekel, executive director at the Asperger’s Association of New England, Asperger is a mild form of autism and patient’s interest in certain subjects may border on the obsession.
“It’s not that people with Asperger syndrome do not know right for wrong,’’ Jekel said. “They don’t understand the potential consequence of what they are doing.’’
This form of autism is generally linked to the individuals, who show signs of trouble associating with people, difficulty learning social skills and very limited interests, along with other set of behavior problems.