DnA 6-9: The Hathaway Incident
Written by Pazuzu - November 23, 1993
(C) Copyright 1993 Digital News Associates
ALL RIGHTS RESERVED
WARNING: THIS ARTICLE MAY BE HAZARDOUS TO YOUR FAITH IN THE AMERICAN "JUSTICE" SYSTEM.
WARNING2: EVEN IF THERE WERE ANY INNOCENTS INVOLVED, NO NAMES WOULD HAVE BEEN CHANGED TO PROTECT THEM.
It seems that it has become rather well known out there that I was "busted" over some idiot named Jed Hathaway. Yes, it's true - it DID happen. However, very few people know the real story - and this is what I want to be known. Hopefully, this will serve as a warning lest any of you decide to screw with r0d3nts.
Dates aren't something I keep track of on a regular basis, so all dates are very approximate.
It all began around September of 1990. The Thief and I were hanging out on Interludes, a worthless, should-be-crashed multi-line system that used to be very popular around here, but because of the SysOp's stupidity is almost dead now. Anyway, we were on there talking to a few friends of ours, and this new guy logs on named Griffin. He immediately comes into open forum and says "Are there any hackers here?". Now, this isn't something that happens every day (unless you hang out on IRC...), so The Thief and I were wondering if he was a Fed or just a moron. We decided that he's just a r0d3nt who's looking for a break into the hacker world, so we decide to give it to him. We started talking to him on a regular basis, giving him files & info, and so on.
About two-three weeks later, this fool starts to turn on us. He accuses us of being "posers" because we don't try to hack into government systems, and starts posting our info out on public Nets. We don't take too kindly to this sort of thing, so we started terrorizing him. The Thief is exceptionally good at telephone terrorism, and I'm not too bad myself. We made the guy's life a hell. Anyway, about 4-5 weeks after our initial contact, The Thief and I both found our accounts on Interludes to be non-existant. We also discovered that several of our friend's accounts were also gone. This rather upset us, so we called the SysOp and asked what the fuck the problem was. He said that we should just shut up and go away, and that obviously anyone who hacked the Sysop's account should be deleted and that he also axed our friend's accounts so that none of us could ever get on. I told him the he was a fucking moron and would regret this idiotic decision. Now, we had to figure out who hacked the Sysop account and then blamed us for it. Gee, tough one to figure out...
"Hey Jed, why the fuck did you get us thrown off'a 'Ludes?"
"For fun!"
"Yeah, Jed, real funny. Ha Ha. Now call the Sysop and tell him what you did."
"Fuck you."
"No, fuck you, asshole. We DO know where you live ya know."
... Note: rest of conversation deleted - went on for like 45 mins ...
"Alright, I'll call the Sysop and confess."
So I waited a couple of days and then tried to log back onto to 'Ludes. No account. So I call up the Sysop and find out the Jed didn't call and confess - he called and said that I threatened him and told him to "lie" and SAY he did it, but that I really did it and so on, so I slammed the phone down - no sense in wasting my time.
A long time went by with Jed calling us on the phone and harassing us, and The Thief and I both harassing him occasionally just for fun. By this time, Jed had made quite a name for himself - "Dick", "Asshole", and "Cocksucking R0d3nt" - he had been going around crashing (and trying to crash) boards all over the 213/310/714/818 area and had made quite a few enemies, we would soon find out...
In June of 1991, as I was taking a shower, the phone rang. I got out and answered the phone...
"Hello?"
"Yes, may I speak with Mr. Jon Craig please."
"Speaking."
"Mr. Craig, this is Detective Inskeep with the Los Angeles Sheriff's Department. I was wondering if you could come down to the station and talk to me about an incident that occurred two nights ago."
"Well, what incident? I'll just talk to you now, if that's ok..."
[NOTE: At this time I was unemployed, and did not want to drive the 60 miles to the L.A. Sheriff station, wasting precious gasoline...]
"No, I need to you come down here and talk to me in person."
"And if I don't?"
"I'll come and get you."
"You mean, arrest me?"
"Yes."
"Alright, gimme directions."
So I drove down there, taking The Thief with me in case I got arrested (didn't want to leave my car there...) Speaking of cars... At the time, I owned a black 1991 Ford Probe. However, about a month before this supposed incident, someone turned left in front of me, causing me to hit him and cause about $10,000 worth of damage to my car. So, for a whole month, I'd been driving a loaner car from the body shop, and would be for another two months. Keep that in mind...
I get there, and tell the desk flunkie that I need to speak with Det. Inskeep. He comes out, and leads me back to his desk.
"Mr. Craig, where were you two nights ago?" NOTE: He said the actual date, but I've long since forgotten it...
"At my friend [name deleted]'s house, having dinner and watching movies."
"Where does this friend live?"
"Irvine."
"When did you get there and when did you leave?"
"Well, I got there about 5pm and didn't leave until after 2am."
"How do you know Charles Hathaway?"
"Never heard of him."
"What about his son, Jed?"
[I told the whole Jed story...]
"Ok, well, Charles says he SAW you smash the windshields of two of his cars with a baseball bat two nights ago."
"Well, I can prove otherwise. What evidence is he basing this on?"
"Do you own a black Ford Probe?" NOTE: This was common knowledge... I bragged about that car, being that I was only 18 when I got it.
"Yes, but it's not in my possession, and hasn't been for about a month."
"Hmmm... Well, Charles saw a man about your height and weight running away from his cars with a baseball bat in his hand, and get into a black Ford Probe and drive away east, away from his house." NOTE: Jed most likely took the description from my bio on 'Ludes. - HE HAD NEVER, AND STILL HAS NEVER SEEN ME IN PERSON!
"What time did this occur?"
"About 10pm."
"Ok. Anything else?"
"No further questions. I'd like to take some pictures, though."
"Alright." - I foolishly allowed him to photograph me - I wanted OUT!
He snapped the pictures and then told me if he needed to ask any more questions or whatever, that he'd call me and let me know. I figured that was it - he seemed pretty cool and already I could see this case had more holes in it than swiss cheese - [1] The whole "black Ford Probe" thing - I didn't have my car! [2] "He saw ... running away ..." - How the fuck can you see anyone's face when they're RUNNING AWAY FROM YOU - AT NIGHT EVEN?!?!?!??? So I decided to do a little investigation of my own (even though I already knew WHO did the vandalism).
I took a trip down to Jed's street (his address was common knowledge) to have a look at the layout. I found a few interesting things. First of all, there are no street lights on Jed's street! At 10pm, it's rather dark, and with no street lights, how the hell could you see someone who was running away from you well enough to get a decent description? Second, Jed's street is only about a block and a half long, and ends in a dead end. The dead end is to the - YOU GUESSED IT - East. There is NO WAY anyone could "drive away east" as Hathaway alleged. I can't believe the cops even entertained this bullshit! Now, I'm not saying the vandalism never happened - it did, and I and a lot of other people know exactly who did it - however, I didn't do it, and Jed used this as a chance to "get back at me" by lying to his dad and the police.
Anyway, about a year went by and I'd heard nothing from Inskeep or anyone else with the L.A. Sheriff's Dept., so I figured Inskeep did the right thing and dropped it for lack of evidence (and HOPEFULLY filed charged against the Hathaways for filing a bogus police report!). Boy, was I wrong!
I hadn't heard from Jed for like 6-8 months, and all of a sudden one day he starts crank calling me again, and calling The Thief as well. So we once again begin our telephone terrorism. This went on for a while, leading up to these final events...
It was early May of 1992, almost year since I talked to that Inskeep goon. I get a letter in the mail from Downey Municipal Court that looked a lot like this (actually, I still have the thing, but I'm too lazy to scan it...):
Downey Municipal Court
7500 East Imperial Highway
Downey, CA 90242
Jon Craig
[address deleted]
Mr. Craig:
You are hereby ordered to report to Downey Municipal Court, division 7, at 8:00am on [some date] to answer the following charge(s):
653M(apc)
If you fail to report to the Court, a warrant of arrest will be issued for you.
Thank you.
[some clerk's name - unsigned]
Now, I'm thinking "what the fuck is 653M(apc)?????", so I called up the local Pigs and asked them. They said it was a code for "Annoying Phone Calls". Hell, I didn't even know crank calling was illegal! And Jed had been cranking us more than we had him.
Now, I *REALLY* didn't need this bullshit at this time, having just got a nice new job only 3 weeks ago, but, I don't want warrants floating around for my arrest.
I go down to the "Court" on the date the letter said to. The "judge" I get stuck with is some old guy with a real "move 'em out fast!" attitude. When my name is called, I step forward...
"Mr. Craig, do you understand the charges against you?"
"No, I do not."
"What don't you understand?"
"What is a '653M(apc)'?"
"It is a Police code for Annoying Phone Calls."
"Oh, ok."
"How do you plead?"
"Could you furnish me with the dates and times of these alleged calls?"
"How do you plead?"
"Could you furnish me with the dates and times of these alleged calls?"
"Is that a plea of guilty?"
"No, it's a plea for some information."
"You don't need that information right now. How do you plead: GUILTY or NOT GUILTY?"
"Well, your honor, what happens if I plead NOT GUILTY?"
"I'll order you held in the County Jail until trial."
"Great. Ok, GUILTY."
"How do you plead to the charge of 653M(apc) - Making annoying phone calls?"
"Guilty."
"I sentence you to pay a fine of one thousand four hundred dollars. Furthermore, you are placed on summary probation with the following terms and conditions: [1] You are to remain 500 yards from the victim at all times [2] You are not to call the victim on the telephone [3] You are not to have your agents or associates do any of the same. Do you understand?"
"Yes."
Well, the story isn't over yet. I just wanted to step in here a second to make sure you understand the weight of what just happened. Here I am, accused of a stupid petty offense of making crank calls, and this "judge" REFUSES to give me vital information I need to defend myself. Furthermore, he then FORCES me to plead guilty (I COULD NOT AFFORD TO BE HELD IN JAIL AWAITING TRIAL, NOR COULD I MAKE BAIL. NOR HAVE I *EVER* HEARD OF *ANYONE* BEING HELD ON SUCH A WORTHLESS CHARGE!!!). There are murders, rapists, and child molesters that don't get such bogus treatment. Then he slaps me with a fucking 1400 dollar fine. I've seen assault and battery cases where the fines are lower! Plus, he added that "... your agents or associates" clause to the probation. What that means is that if ANYONE crank calls Jed, ANYONE, he could say *I* told them to, which them becomes a probation violation, sending me off to jail. Fucking wonderful. BUT WAIT! - There's more...
After pleading guilty and being sentenced, the stupid D.A. prosecutor cunt (she was damn good looking, but FUCK what a BITCH!) stands up and says "Your honor, I show here that there is a bench warrant on Mr. Craig from Division 5" The judge says "Baliff, take this man to holding". There's a jail inside the court. All the rooms have a door that leads to it. After I get back there...
"Hey, like, why am I being arrested?"
"You're not being arrested."
"Ok, I'll be leaving now. Kindly remove these handcuffs."
"You can't leave."
"Hmmm. I'm not under arrest, but I can't leave? Is that what you're saying?"
"Yes."
"Well isn't that a bit illegal? Holding me against my will but without a valid arrest reason?"
"Doesn't matter. Take off your belt and shoelaces please."
"I can't. Unless you want to take off these handcuffs."
<takes off cuffs> "Ok."
(after I take off my belt and shoelaces, he puts the cuffs back on)
"Ok, now step into this cell."
"Before I do, I want to get things straight. I'm not under arrest?"
"That's right."
"But I can't leave. And you want me to get into that cell."
"That's right. Now MOVE!"
"Cool. I always wanted to visit Russia."
I get into the cell, since I was handcuffed and this Marshall idiot had a nice Glock 9-mil. I'm in the damned cell all day. I have no idea what time it was, since they took my watch too. Every time the door opens to put someone else in, I ask what the fuck is going on and they always say "Don't worry about it." I'm worried. That's what they told the Jews at Auchwitz.
Finally one of the Marshall bastards opens the door and says "Mr. Craig?"
"Yes."
"Come with me. The judge will see you now."
"Finally."
I go out to the Division 5 "judge", a man named John David Lord. He looks so young I'm tempted to say "Hey Johnny, does your mommy know you're out playing judge?" I decide against that.
"Mr. Jon Craig?"
"Yes."
"I am Judge John David Lord. You are here for arraignment on vandalism charges, and also for a Failure to Appear."
"Failure to appear? What?"
"You were ordered to appear here to answer these vandalism charges a year ago, and you never showed up. How do you explain this?"
"I was never notified of any Court appearance, except the one I was arrested at this morning."
"So you don't know anything about any vandalism charges involved Charles Hathaway?"
[I tell him the whole story about the questioning by Inskeep, and that Inskeep said I'd be notified if anything happened.]
"Well, there has been a warrant out for your arrest for one year now. And you purposely evaded justice for that whole year."
[This is utter bullshit. I hadn't moved in that year, had the same phone number, same D/L #, everything. I even got pulled over for 2 tickets in that time, and never a problem...]
"Evaded justice? I've not done anything. Do you think I would have willingly appeared here today for some other charge if I KNEW I had a warrant?"
"Hmmm... I see your point. Charge dropped. But, you are still accused of vandalism. I order you to appear here 30 days from today at 1pm."
"I'll be here."
"You're free to go."
The Marshall scum then takes off the cuffs and motions toward the outside door.
"I'd like my keys, wallet, pager, watch, belt and SHOELACES back PLEASE!"
"Oh, yeah... Here."
So I bail.
To wrap this up quickly, I go back on the date he gave me, and get shafted again. This "judge" also forces me to plead guilty by threatening to hold me, and then slaps me with a $1000 fine and orders me to pay $500 for the windshields in addition. Total bogosity. The case before me was a guy accused of assault on a police officer, but he got away with it because the officer called him a "slimeball". Justice in action.
Anyway, if I knew then what I know now, things would have gone differently, I'll tell you that! There are many things I could have done.
- "Where's my accuser? I've a RIGHT to face my accuser!"
- I should have belligerently demanded the dates and times of those calls.
- I should have REALLY protested being held without legal arrest and being denied information on why I was being held.
- Neither "judge" had any jurisdiction over me and I should have challenged it.
Along with several other things. It's funny what "due process" has become.
What is the purpose of this article? Well, it has several. The first is just a warning: BE CAREFUL HOW YOU TERRORIZE RODENTS! THEY CAN GET BACK AT YOU IN VERY WEIRD WAYS! Number two, "innocent until proven guilty" has been changed to "guilty until proven innocent" or as I like to say "innocent until forced to plead guilty under duress". The Court is not on your side, it's on noone's side but its own.
So, finally the whole true story on the "Hathaway Incident" is out. I hope all the rumors of me spending a year in jail and so on will stop now. :)
<pazuzu@netcom.com>
>> EOF <<
