Fake Emails May Send Former Norwich University Student to Jail

Posted by: Frederick Lane on 05 September 2009  

A recent Vermont case graphically illustrates the risks of relying on electronic evidence, and the importance of a quick and thorough computer forensics examination.

On September 1, Kellye Stephens, a 23-year-old former student at Norwich University, entered a plea of no contest to charges of lying to police about threatening emails allegedly sent to her by a male acquaintance. Subsequent investigation revealed that Stephens had fabricated the emails, but not before 24-year-old Richard Anderson spent 92 days in jail on charges of stalking and obstruction of justice.

According to a report on TimesArgus.com, the controversy began when Stephens was a senior at Norwich University. She showed local police copies of emails containing unspecified threats, and said that they had been sent to her by Anderson. Following a brief investigation, charges were filed against Anderson and he was arrested. After being arraigned, he was released on bail, but was warned not to send any more messages to Stephens.

Over the next several weeks, however, Stephens alleged that Anderson was continuing to harass her electronically, and provided police with additional copies of alleged emails and instant messages. A hearing was held on whether to revoke Anderson's bail, and based in part of Stephens' testimony, the judge jailed Anderson. Eventually, however, forensics experts determined that there was no evidence of any threatening messages on Anderson's computer, and he was released.

Stephens was originally charged with both lying to police and a felony perjury charge for her  testimony at the bail revocation hearing. However, the latter charge was dropped as part of the plea agreement. Under the terms of the deal, prosecutors may request a maximum jail sentence of 92 days, but Kim Cheney, Stephens' attorney, is expected to argue for a lesser sentence. Among other things, Cheney may try to show that Stephens is suffering from mental health problems that lessen her criminal liability.

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