June 5, 2000
Brief Amici Curiae in support of defendent's motion for clarification of the terms of his supervised release
June 2, 2000
Notice of application, application for clarification of supervised release terms and conditions, declaration of counsel and exhibits, and memorandum of law
August 20, 1999
Emergency Motion
August 16, 1999
Ex Parte Application for Order that Defendant be Housed at MDC Pending Designation
July 26, 1999
Ex Parte Application To Unseal Defense Request for Sanctions and Pleadings Relating to Restitution; Declaration of Gregory L. Vinson
June 28, 1999
Ex Parte Application for Temporary Release
June 7, 1999
Defense Consolidated Motion for Sanctions and for Reconsideration of Motion for Discovery and Application for Expert Fees Based upon New Facts
May 6, 1999
Government's Request for an Order to Show Cause Why Defense Counsel Should not be Sanctioned for Releasing Confidential Victim Loss Letters: Government intends to hold Kevin's attorney Donald Randolph in contempt for revealing documents which were previously filed as publicly available court documents, with no protest from the prosecution. Perhaps the corporations the government has named as victims in the case are unhappy at this publicity, and the possibility of SCC and IRS investigations into why the information in these letters was never revealed to their stockholders. It now seems even more likely that the financial loss figures in the case against Mitnick were fabricated with one purpose: to keep him imprisoned without bail and without trial for a lengthy period. While they may have succeeded in this, the revelations of the deception will finally force the prosecutors to answer some very difficult questions. (click here to view the loss letters)
May 10, 1999
Motion to Bifurcate Hearing on Restitution: Defense requests that the Court "bifurcate the hearing on Restitution into, first, a hearing on the Defendant's Ability to Pay, and second, if necessary, a hearing on the Amount of Restitution."
April 19, 1999
Notice of Motion and Motion for Discovery: Defense requests that the government not delay disclosure of discovery related to restitution issues to be addressed in court.
April 5, 1999
Notice of Motion and Motion to Suppress Evidence: "...Tsutomu Shimomura and his associate, Andrew Gross, acting as government agents, illegally intercepted wire communications without a court order..."
April 5, 1999
Notice of Motion and Motion to Suppress Evidence seized in Washington state
April 5, 1999
Notice of Motion and Motion to Suppress Evidence seized in North Carolina
March 9, 1999
Reply to Government's Opposition RE: Motion for Discovery
February 22, 1999
Motion for Court Order RE: Discovery; Request for Sanctions
January 22, 1999
Defense Reply in Support of Ex Parte Application to Continue Trial Date
January 21, 1999
Government's Opposition To Defendant Mitnick's Ex Parte Application To Continue Trial And Order Discovery
January 19, 1999
Ex Parte Application RE: Continuance of Trial Date and Request For Order RE: Discovery
December 3, 1998
Court transcript  Discussion of trial continuance date..... A statement from the defense's motion (challenging prosecution's apparent attempt to convince the judge that files erased from a disk are equivalent to words erased from a piece of paper) is misinterpreted as a comment on "the court's presumed lack of expertise in sophisticated computer technology"..... Judge indicates she will separate the trials of Kevin Mitnick and co-defendant Lewis DePayne.
December 2, 1998
Court transcript  Brief dispute over whether trial should be continued..... Judge again indicates her eagerness to try the case..... Judge is upset and puts the government on notice to watch for anything "untoward" to happen because a 2600 staffer legally requested her financial disclosure reports (which are on record for all judges, to lessen the possibility of their involvement in cases in which they have financial interests). The basis of this paranoia? It was assumed the person was "a friend of Mr. Mitnick's" because that person had an address in North Carolina, the same state where Kevin was arrested in 1995.
December 2, 1998
Defendant Mitnick's Response to Government's Consolidated Opposition To Defendant's Motions; Declaration of Donald C. Randolph
December 2, 1998
Declaration of Donald C. Randolph in support of motion for discovery and motion to continue
December 2, 1998
Government's Consolidated Opposition To Defendant Mitnick's Motion: (A) For Discovery And (B) To Continue The Trial In This Matter; Memorandum Of Points And Authorities
Government's response to Nov. 24 motions, denying that they violated terms by which evidence was to be given to the defense; and denying that there was any government intrusion on the client-attorney privilege between Mitnick and his former attorney.
November 24, 1998
Motion to Continue Trial Date
Motion filed Nov 24, 1998 to the Court for an order continuing the trial date, currently scheduled for January 19, 1999, until April 13, 1999.
November 24, 1998
Motion for Discovery
Motion filed Nov 24, 1998 to the Court for an order requiring the government to produce discovery pursuant to the Court's June 3, 1998 Omnibus Order Re: Discovery and Pretrial Management.
October 19, 1998
US Supreme Court Denies Emergency Application for Bail Again
October 1, 1998
Emergency Application for Bail for Bail Re-Submitted to the US Supreme Court
August 24, 1998
US Supreme Court Denial of Emergency Application for Bail
August 18, 1998
Petition For Writ Of Certiorari From The US Court Of Appeals For The Ninth Circuit. For review of Mitnick's supervised release conditions.
Click here to view the section outlining Kevin's release conditions
July 18, 1998
Emergency Application for Bail From The US Court Of Appeals For The Ninth Circuit
July 1, 1998
Denial of Petition for Re-hearing of Bail Motion.
June 17, 1998
Supplemental Memorandum Re: Petition For Reconsideration; [Proposed] Order
June 15, 1998
Petition For Reconsideration Or, Alternatively, For Permission To Appeal
regarding the Court's denial of Kevin's right to review computer evidence
May 30, 1998
Court Link File 1, Catalog of Events
May 30, 1998
Court Link File 2, Catalog of Events
May 20, 1998
Ninth Circuit Court of Appeals order affirming District Court's conditions of supervised release
Request for oral argument on the appeal was flatly denied; and "Mitnick's challenge to the supervised release conditions on vagueness grounds because 'computer' and other terms are not defined also fails because the conditions give Mitnick fair notice of what is prohibited."
May 20, 1998
Court transcript
May 19, 1998
Ninth Circuit Court of Appeals order upholding District Court's summary denial of bail
May 14, 1998
Defendant Mitnick's Opposition To Government's Proposed Omnibus Order Re: Discovery And Pretrial Management
May 8, 1998
Defendant DePayne's Response To Government's Proposed Omnibus Order Re: Discovery And Trial Management
May 7, 1998
Memorandum of Law and Facts in Support of Bail Appeal from the US District Court for the Central District of California
April 27, 1998
Opposition To Government's Proposed Findings Of Fact And Conclusion Of Law RE: Defendant's Application For Release Pending Trial
March 30, 1998
Court transcript: The Court refuses to even consider bail motion, refuses Defendant access to computer evidence for review (due to security concerns), and the amount of paperwork in the case becomes problematic.
March 25, 1998
Kevin Mitnick's Application For Release On Bail Pending Trial
March 19, 1998
Defendant's Reply To Government's Opposition To Supplemental Law Library Time
March 3, 1998
Reply To Government's Opposition To Defendant's Motion For Access To A Computer For Review Of Discovery
February 26, 1998
Motion RE: Supplemental Law Library Time
February 26, 1998
Appellant's Reply Brief
December 12, 1997
Appellant's Opening Brief (Federal appeal)
October 8, 1997
Court transcript (concerning Defense review of computer evidence; and the Court believes the Defense is asking for too much money for Kevin's legal defense)
June 27, 1997
Court transcript: Response by defense and prosecution to conditions of supervised release
June 23, 1997
Court transcript: Conditions of sentence and supervised release
June 16, 1997
Court transcript: 1st Sentencing hearing on violation of supervised release
June 9, 1997
Court transcript: Fugitive status hearing
October 7, 1996
Court transcript
September 26, 1996
Basically, Kevin is charged with accessing several corporate computer systems without permission, and copying proprietary copyrighted software. He is not charged with selling this software, or using it; simply with copying it. The indictment contains the government's charges against Kevin.
April 22, 1996
Court transcript: Agreement to a plea bargain on North Carolina charges, in order to have Kevin's case transferred to his home state of California.