Prosecuting Albert Gonzalez, the young and brilliant computer hacker that authorities have alleged was behind many of the major card breaches in the last two years, is bringing up a number of challenges for prosecuting these sort of cases.
Essentially, prosecutors want to use information gleaned from a laptop captured with an alleged co-conspirator of Gonzalez as well as data from a server in Latvia that the co-conspirators allegedly used in their hacking and Gonzalez defense attorney is trying to prevent that use.
Gonzalez defense attorney, Rene Palamino, has filed a letter with the court that will hear the first of the Gonzalez cases in New York next month to request a hearing that could examine how some of this data was obtained and whether any or all of it might have been compromised by investigators.
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"The foreign computer evidence is inadmissible because the introduction of hearsay testimony concerning their seizure, handling storage, and forensic testing by foreign law enforcement and private individuals, which establishes a crucial step in establishing chain of custody and authenticity, would violate Gonzalez Sixth Amendment right to confront the witnesses against him," Palomino wrote.
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