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http://theregus.com/content/55/24357.html

Accused eBay hacker Jerome Heckenkamp is back behind
bars tonight, after his first solo court appearance
in front of his trial judge took an odd turn.

During what was to be a routine proceeding to set
future court dates, Heckenkamp challenged the
indictment against him on the grounds that it spells
his name, Jerome T. Heckenkamp, in all capital
letters, while he spells it with the first letter
capitalized, and subsequent letters in lower case.

Last week, Heckenkamp, 22, fired attorney Jennifer
Granick, and co-counsel Marjorie Allard, in order
to personally defend himself against two federal
grand jury indictments charging that he cracked
computers at eBay, Lycos, Exodus Communications,
and other companies in 1999. It was the second
time Heckenkamp fired his lawyers -- in January, he
had a federal magistrate appoint him as his own
counsel, only to change his mind the same day.

At Monday's appearance, Judge James Ware seemed
initially perplexed by Heckenkamp's challenge,
and spent some time explaining the nature of the
proceedings. Finally, he advised Heckenkamp to take
it up in front of a jury when he goes to trial.
"I cannot help but comment that you have substituted
out a capable attorney," the judge added.

Heckenkamp went on to demand that he be immediately
allowed to take the stand and testify, and was again
rebuffed by Ware, who noted that the appearance was
not a hearing or a trial.

The computer whiz then asked the court to identify
the plaintiff in the case. Ware explained that the
United States was the plaintiff, and was represented
by assistant U.S. attorney Ross Nadel. Heckenkamp
said he wanted to subpoena Nadel's "client" to appear
in court, and Ware asked him who, exactly, he wanted
to bring into the courtroom.

When Heckenkamp replied, "The United States of America,"
Ware ordered him taken into custody.

"The comments that you are making to the court lead
me to suspect that either you are playing games with
the court, or you're experiencing a serious lack of
judgment," said Ware. The judge added that he was no
longer satisfied that Heckenkamp would make his future
court appearances.

Heckenkamp had been free on $50,000 bail, and living
under electronic monitoring -- prohibited by court
order from using cell phones, the Internet, computers,
video games and fax machines.

Before two deputy U.S. marshals hauled Heckenkamp
away, he threatened legal action against the judge.
"I will hold you personally liable," he said. "I will
seek damages for every hour that I'm in custody."

In a telephone interview after the appearance,
Heckenkamp's father, Thomas Heckenkamp, said his
son is only trying to protect his rights. "They've
overstepped their bounds, and they're keeping him
from defending himself," he said.

Heckenkamp's next court appearance in San Jose is
scheduled for April 8th.
Trial in a related case in San Diego is set for
April 23rd.

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