Man in legal trouble for reading wife’s email

December 27, 2010 By Molly McHugh

In the first case of its kind, a man is being charged with reading his ex-wife's e-mail.

The Detroit Free Press is reporting that a Michigan resident could face five years in prison for reading his wife’s e-mail. 33 year old computer technician Leon Walker had been snooping through wife Clara Walker’s Gmail account after finding her password written in a book next to their shared laptop, and by doing so discovered that she had been having an affair with an ex-husband. In response, Clara filed for divorce and had her now ex-husband arrested.

Leon Walker argues that he was concerned for the safety of Clara Walker’s son from her previous marriage, as his father was allegedly arrested for abusing Clara in front of their son. But his claims seem to be falling on deaf ears: prosecutor Jessica Cooper states that, “The guy is a hacker. It was password protected, he had wonderful skills and was highly trained. Then he downloaded them [the e-mails] and used them in a very contentious way.”

Leon is being charged with a felony under Michigan statute 755.795. The law is most often used in cases concerning identify theft, but will be applied to Leon when he goes to court February 7 – the first time it’s ever been used in a domestic case. And experts are saying that the “gray area” surrounding the circumstances of the situation could make it difficult for the prosecution. At the time, Leon and Clara were living together and sharing the computer in question. The defense attorney, Leon Weiss, argues that the statute is being used incorrectly. “This is a hacking statute, the kind of statute they use if you try to break into a government system or private business for some nerfarious purpose. It’s to protect against identity fraud, to keep somebody from taking somebody’s intellectual property.”

Many legal professionals are shocked by the lawsuit, but a jury will ultimately decide whether or not Leon Walker does time.

Showing 78 comments

Jacki at 1:09pm 28th December 2010 I think they should charge her under the adultery laws... a lot of states still have them... bet if they did that nifty little witness to the "hacking" would disappear.
Ginger Rogers at 12:51pm 28th December 2010 "nerfarious"?? do you people proofread?
wait_wat at 12:42pm 28th December 2010 If the government has limited resources, this seems way out of the realm of what is needed to protect the public, but what do I know? What was the guy supposed to do? I guess putting a keystoke logger on the laptop would have worked, he could to do a "security audit", and he would have obtained the same information without getting access to her gmail account. What about your children? Is it ok to monitor your children's facebook/myspace account for creeps, or is that illegal in Mi? I guess the moral of the story is, don't move to Mi. and change the law, don't vote for fools who waste the government's resources like this. And as an oh by the way, I had a cheating spouse, and did guess her msn pass and too used a keystroke logger, to learn she was cheating with many guys, amongst them her best friends husband, but as I assess my own situation, I was the only victim, our child also, I guess. but I never told anyone and our divorce was amicable. I realized she was not happy, nor was I.
Guest at 12:42pm 28th December 2010 I'm curious to see what happens with this case. It actually frustrates me. This woman was actually cheating. I on the otherhand was separated from my husband waiting to file for divorce when he hacked my skype and facebook accounts to intercept msgs to a person who I flirted with yes but committed adultery with No. I still havent been with anyone since my husband and he just won custody of my kids whom I've raised by myself for the past 5 years because of who he knows in a small podunk town in Alabama. If I had money, I would sure press charges against him too. Afterall, it is hacking!
Michael Newell at 11:35am 28th December 2010 If he'll add Assault And Battery to his charges I'll pay the difference in legal fees. Empower her a$$ by sinking his foot into it.
1. Blah at 12:27pm 28th December 2010 I'll pay the fine too, and the lawyer cost if he beats her to a bloody pulp! He should offer to send her on vacation and send her to the sex slave trade in another country, she'll have all the variety she wants.
Blah at 11:03am 28th December 2010 Proves marriage is for suckers and con artists!
Guess at 10:34am 28th December 2010 Just because you are married does not give someone the right to hack into a spouses private email accounts!! It's a crime & he should be punished no matter what his intention are
Thomas DeGagne at 9:49am 28th December 2010 It certainly is hacking. The definition of the term hacking has been twisted over the years by the real hackers themselves. Its proper meaning is breaking through electronic security measures by any method including guessing a password, and it is definitely a crime.
Guest at 8:41am 28th December 2010 So did he find her password written in a book - before or after - he had broken into her account?
Sum1smarterthanU at 7:54am 28th December 2010 Once again, America is destroying those that do what they're supposed to and promote those who do wrong. I gatta move out of this country before I'm arrested for using too much air, or going to work.
sons of liberty at 6:33am 28th December 2010 here we go again first off the password was located in an open area in a book of hers last I checked when you get married unless a prenuptial is signed all possessions in the house belongs to both spouses second id theft is the intent to use ones identity to commit a unlawful act what unlawful act he committed in her name none read some emails he didn't write any to scam people out of money just to find out he had a cheating wife and hack would mean some type of penetration attack none was used the password was left right in the house its ok for the cops to search your house under probably cause and find something like that and stand in court this man does it hes going to jail they literally state it was within a open area within public view the lawyer should be hung for such stupidity and the judge such throw this out this is a insult and a waste of taxpayers money
Susan at 6:17am 28th December 2010 This man doesn't deserve to have his life ruined even more by this woman. But the prosecutor is a woman, go figyah, and prosecutors will lie, cheat, and steal to win. In America, a woman who harms a man is considered a winner. Women's equality isn't supposed to be about beating someone else. (I'm a woman, by the way, and disgusted by this).
1. Michael Newell at 11:45am 28th December 2010 Prosecutor eats at the "Y"? Had a girlfriend but lickity-split? Has to run away from little Dutch boys trying to save Holland by sticking his fingers in her? Took Sushi to the prom? Has been asked to be the national spokesperson for Snap-On Tools?
gofsides at 6:13am 28th December 2010 The kid who hacked Sarah Palin's email did so by looking up her birthday and the name of her high school (both matters of public record). He was convicted, by the way. This guy got into his wife's email by doing research and figuring out her password. Regardless of your feelings about Sarah Palin or cheating spouses it is still a crime to access a Gmail account unless you own the account (or the account owner has given you explicit permission to do so). Unauthorized access to a computer system is a criminal act. I truthfully don't see any grey area for prosecution, though a 5 year sentence seems rather assinine. Supervised probation seems a more likely outcome, unless the gentleman has a criminal past.
1. Guest at 8:25am 28th December 2010 Thank you. At last some one with sense.
  1. Blah at 10:32am 28th December 2010 That is common knowledge, if she is dumb enough to leave the"key" in an easy to access place(i.e. a book) then she deserves to get caught. If I leave my house key under a rock then I deserve to be robbed.
hmmmm at 5:17am 28th December 2010 Possibly in the not too distant past, this may have turned into a domestic violence situation, if all the guy did was use her unsecured password to use their community property to bust his cheating wife, then it is much better than her ending up in a ditch or lake.
Tee at 5:09am 28th December 2010 If you go looking you will find something, if it was meant for you to know it will come to you and now this guy got to do time for it ... is it worth it hell no its not ... she may have left anyway with or without him looking around!!!
Lynnsoserious at 4:51am 28th December 2010 It seems 2 me from reading every 1's comments,that the opinions from a few statements of the men; some has been hurt or played by a woman, there r a few american women that still believe the man is the head and the woman from the love n her heart 4 him, follows his lead, i've never been married because of fear of a divorce,and when women get caught cheating like this woman did; it makes its really hard 4 men 2 marry and stay focused on his role of being the head and staying faithful 2 his wife, I really don't think this guy will get any time 4 this because n the end the righteous shall prevail.He just was unluky n love and married some 1 desprate 4 attention, and when we fall n love with attention seekers its hard 2 stay focus on building a solid foundation financially, physically,mentally and emotionally.because we r 2 busy tring 2 fed their disire of being the center of attention we don't have time 2 build n other area of the relationship and when we dicide 2 work more or go back 2 school enjoy our hobbies then the relationship begin 2 fall a part, because of the attntion seeker"s need 2 find some1 who will focus only on them. There4 those kind of people r just natural born cheaters.
scott at 4:32am 28th December 2010 Unreal... Our legal system caters to women in divorce, unfortunately, and we big, sweaty men always seem to get the book, but this e-mail issue is insane... It's just another example of how our legal system bends the rules to rubber stamp divorcing men as criminals in the courtroom. I have a great relationship with my daughter, whom I see at least 3-4 days per week after a long, unnecessary battle. I, too, may or may not (gosh...please don't arrest me, Sir) have "hacked" my wife's e-mail account after she handed me the password. The snooping paid off. In fact, it may have saved my life - not that this would matter in our corrupt legal system. Now I'm single, happy, healthy and plan on staying that way for a very, very long time :). Until a LARGE percentage of men unify (for reasons other than lowering child support) as women do, AND show up for visitation, nothing will change. Sorry bout that Monday night football guys! If this stuff is important, take some time to do something about it.
knowledgeispower at 4:24am 28th December 2010 You can actually sue a spouse for infidelity. This poor guy needs a lawyer that knows this and more. He didn't hack. Invasion of privacy...maybe. But definitely not a hack. i don't care what level of computer experience he has. if her password was written in a book next to their shared laptop.... it isn't hacking. This woman is in la-la land and trying to turn the tables around getting busted for breaking the law: marriage is legal and cheating on your spouse is grounds for being sued.
mari at 3:03am 28th December 2010 No all women are the same but gee this woman deserves one or both: jail time and a divorce, why is the now ex husband suffering, that is not fair justice have to be served. yes i am a woman but she is a crap of woman.
hardeep singh at 12:30am 28th December 2010 I think wife should be arrested for cheating on her hush..husband.
hardip singh at 12:25am 28th December 2010 Dc is stupid, he is making his/her own daughter's future
aplusstunts at 12:23am 28th December 2010 DON'T GET MARRIED the law will make you pay!!!! Remember you spend the first few minutes of your life trying to get out--than the rest of your life trying to get back in!!! STAY SINGLE!!!!!
PhillyTom at 11:35pm 27th December 2010 We ALL try to get a load in, Aussie Girl...as often as possible, but at least on the weekends.
Skip at 11:26pm 27th December 2010 Using a legal password to access a computer account by a spouse is NOT hacking. It is indeeed a case of unauthorized access to the e-mail account but no more. By law ,married couples mutually own each other's property while married. Furthermore , it is the woman doing the cheating and now the man pays for her adultery and is charged with a felony and his life is finished. And yet women wonder why many men in general want no part of marriage. It's because divorce in America is at the 60% rate and when a couple divorces overwhelmingly she gets the children , house and most of the man's money and he gets the bills, the blame , and the shaft. The husband took measures to see if his wife was cheating. She was , and now he pays the penalty. This is BS !!
Phlatus at 10:24pm 27th December 2010 McHugh needs to learn the difference between criminal charges and civil suits if she intends to continue reporting on legal issues. It's not the "first case of its kind" either.
Aussie Girl at 9:15pm 27th December 2010 WOW.... People have been checking their partners mobiles, voicemail, snail mail and undies since the begining of time!!! I am not only allowed but are required to do this by my husband as he works long hours, self employed and needs me to not only keep him informed but also do his washing.(OK He does try to get in a load on the weekend if possible). Hope you guys are ready for a massive increase in the jail /court system costs if thiscase goes through!!!Mind you I am australian and we kind of take common sence for granted!!! Remember a lack of openess equals secrets!
1. LJG at 11:05pm 27th December 2010 Haven't seen an Aussie take common sense (note the spelling here) for granted yet! Been living here for 16 years-- and I'm an American. Let's not paint everyone with the same brush. You didn't like it when I said it just now, did ya?
2. James at 1:01pm 28th December 2010 Good point. My wife picks up my cell phone every chance she gets. Maybe I should report her.
just me at 7:14pm 27th December 2010 But the US Government can read your emails without your knowledge or permission ... this is SO screwed up.
GreatCreator3 at 6:00pm 27th December 2010 Marriage in the heart[spirit] without legal paper-work, is more of a test of some-person's commitment. Creating legal testaments of will, for estate purposes, and limited power of attorney documents, for the purpose of deciding emergency medical decisions, is all the legal paper-work two folks need. Not having a piece of paper, called a marriage certificate, is not immoral. People pretend it is the "sign of commitment", but it is only a legal opportunity for theft. A prenuptial agreement is not necessary without a marriage certificate. As a Christian Priest and Bishop, I know there is not any Christian doctrine which requires a marriage certificate.
1. Blah at 11:01am 28th December 2010 It's actually a contractual obligation with only financial or restrained recourse
2. James at 12:00pm 28th December 2010 I imagine you are not a Catholic bishop then, but some distant offshoot of protestantism, or Anglican, the church founded on divorce (Henry VIII).
  1. Blah at 12:18pm 28th December 2010 Divorce should be illegal, if you make a bad choice sorry bout you luck, if you are cheated, do what you have to to exact vengance. An eye for an eye, a heart for a heart! ppl will have to get to know their spouse better. At least if this were so, the lawyers and prosecuting attorneys would start to dissapear.
taeo at 5:59pm 27th December 2010 Why is the women not being stoned??
josinski at 5:42pm 27th December 2010 "The guy is a hacker. It was password protected, he had wonderful skills and was highly trained." ..... "finding her password written in a book next to their shared laptop" lolwut?
lee greenberg at 5:35pm 27th December 2010 Maybe Im old fashioned, but I think cheating is way worse than peeking at e mails about it.
1. Sunny at 7:44am 28th December 2010 I don't.
  1. Stimpy at 11:44am 28th December 2010 Why not?
    James at 11:58am 28th December 2010 because Sunny's probably cheating on her husband.
  2. guessguest at 12:00pm 28th December 2010 Yes, why not?
scandalousb@#ches at 4:21pm 27th December 2010 She was caught Cheating!!! ..instead of taking ReSponsibility for her crimes.. she has basicaly made the man responsible for HER failures ......... typical of women in the USA ...cheat lie manipulate ..once your caught blame the man ...in america there should be no mariages...... women simply cant handle the fact that all men want whats between thier legs and few of them have the common decency to say" NO im Marrried" ..welcome to america where we raise our boys to be assholes and our girls to be a princess..then the girls grow up thinking the world owes them something. ..in fact by the way men check them out they know they can use thier yoohoos like a mentos comercial ......sad really ..there are almost no women left in america that are worth a damn ..........ITS all about responsibilty american Women assume none !! ....no matter what.... i dont care if you got video and audio... an american women still didnt do it or its because of some man that she did.......... RESPONSIBILITY..... i dont even think american women know the meaning of the word. ok well maybe not all but a whole lot of them ..enough to where i dont think it matters if i say all
1. guest at 6:20pm 27th December 2010 get a grip...some issues here,,,try counseling
  1. Guest Two at 5:49am 28th December 2010 I agree! Get a grip. Some of you are scary angry, please see a counselor. Aside from that, NOTHING is more annoying than all of these folk standing on their "soap boxes", going off about stuff that no one wants to hear their opinion. It would be a little easier if they would at least learn how to write, speak and articulate in a intelligent way. OK, I'm stepping "down" and retreating back into my world. Thank you.
2. guest at 6:06am 28th December 2010 I love it! "(women) can use their yoohoos like a mentos comercial" Very good @Scandalous
MamaMia at 4:06pm 27th December 2010 ABC, I usually feel the stress of reading grammatically challenged conversations. However, this is supposed to be a conversation amongst persons with an opinion. If your conversations are laced with interruptions, due to fractured sentences and phrases, I would expect these are limited conversations at best. So maybe consider short-hand conversations while on the internet. Unless it's a novel you anticipate on writing. Bst Wishs 4 the NY. How about that couple on the TV Millionaire(?) show who correctly answered the question and the show wants them to play again versus giving them the money won? Now that's a cheat!
Igor07 at 3:59pm 27th December 2010 At leas their CAPS lock wasn't "stuck."
ABC at 3:36pm 27th December 2010 Will everyone please learn how to write and proofread. Capital letters start sentences. Proper nouns are capitalized, but not all nouns. "Their should be a law" should read "There should be a law". "Proof" and "Prove" are not the same words. Come on people, don't you want to look as intelligent as you are in life?
1. Sue at 3:48pm 27th December 2010 Couldn't agree more!
2. MJmcnult at 6:09pm 27th December 2010 Don't waste your time, guys; illiteracy is rampant. You're vastly outnumbered!
3. ABC idon'tcare at 8:36am 28th December 2010 ABC, it's the internet not a stock holders meeting. People that post on these articles do so mostly while trying to do their work. Hell, most of these articles have errors in them. Grow up and stick to the original point. The fact is the woman is a slut, a cheat, and all around bad person. If she didn't love, or want to be with her husband she should have just left. If you write your password down and leave it in the open then it's fair game. While he might have used the e-mails it was more then likely that he did so to get her to confess, NOT to still her identitiy. No I did not spell check, proof read and I don't care. It's the internet for gods sake.
nick at 3:29pm 27th December 2010 just divorce her without telling her why. just say you do not want to get married any more you had a strange dream period getting married in America is just a waste of time does this guy get especially a divorce start your clean shhet not some ones left over. dummy. ask Oj, tiger woods and the rest dummy
leahhall at 3:05pm 27th December 2010 this is ridiculous. finding someones password isnt "hacking". that lawyer is stupid
1. Igor07 at 4:01pm 27th December 2010 The story is unclear on that issue. Perhaps the prosecutor is trying to raise a credibility issue by contending that he hacked into the e-mail instead of merely finding the password. Otherwise, she will have a harder time prosecuting him under the statute.
2. Guest at 3:30am 28th December 2010 This case is an insult to real hackers everywhere.
3. Thomas DeGagne at 9:47am 28th December 2010 It certainly is hacking. The definition of the term hacking has been twisted over the years by the real hackers themselves. Its proper meaning is breaking through electronic security measures by any method including guessing a password.
  1. leahhall at 1:11pm 28th December 2010 I still dont think its really hacking if you find the password written down. In common usage, a hacker is a person who breaks into computers, usually by gaining access to administrative controls, and that isnt what he did at all.
Jane at 2:00pm 27th December 2010 Wow, I can't believe this. Regardless if the husband was snooping or hacking into her computer, The bitch was still cheating!!! My husband met some chick on a mechanical forum and this lead to exchanging cell phone numbers and then meeting, and I found this out by looking at his phone bill to see how much his bill was, so does that mean I can get jail time. LOL
BDR at 1:58pm 27th December 2010 So not only will this guy's life be shattered by infidelity, he will also get 5 years in prison for a Felony charge that will destroy what's left of his life. And the moral of the story is - Don't get married, don't have children, do not in any way allow a woman into your life. The odds are over 50% that you're going to loose. You get better odds in Vegas.
1. cjuice at 6:29pm 27th December 2010 You're on the right track. I think the prosecutor and wife should be put in jail for taking the taxpayer's time and money!
  1. lima at 5:25am 28th December 2010 Correct!
    topman at 6:36am 28th December 2010 I agree
2. Sunny at 7:48am 28th December 2010 I don't. What about the phrase "Then he downloaded them [the e-mails] and used them in a very contentious way.” Doesn't controlling behavior bother any of you? Bothers me.
  1. Blah at 11:21am 28th December 2010 way to justify crime Shady isnt infidelity a crime?? Finding the truth is contentious?? Shoot more heroin, your almost making sense.
  2. Sanchez at 12:57pm 28th December 2010 Controlling Behavior? The woman was a cheater, it's not controlling to want to find out if your wife is cheating. Should he waste his life with a cheater? She was the one controlling another person's life by wasting it away being married to him while cheating. The wife is a scumbag. Goes to show you how screwed up the American justice system is sometimes. This is why men don't want to get married, women can treat thier lifes like garbage and then the justice system rewards the women for their bad behavior. Guys do not get married!
3. LMSB at 11:25am 28th December 2010 Interesting that you can pick a side based on a 4-paragraph article. Scary.
Andrew McElhaton at 1:27pm 27th December 2010 I think the Law is being applied incorrectly. Their should be a Law in Place for cheating spouse. I would have used her password found in open area (computer they share together) the same way he used to gather evidence. The man is working too hard to feed a cheating wife. Why does his home have to be broken. Remember, their is son who is part of the family. why does he have to suffer for her behavior.
1. Maggie at 6:45am 28th December 2010 Actually, just 5 years ago, Detroit prosecutors used an old infidelity law to 3-strike a drug felon. Google search Michigan Adultery Laws. It's still a felony to sleep with a married person you're not married to here in MI. Also, there's a law that makes it an additional felony if sexual activities take place during the commission of another felony, so basically it's 2 strikes for 1 charge .
and at 12:36pm 27th December 2010 so the cheater TV show can do the snooping, but not the actual partner? if a wife is cheating and the partner can't proof it. what does he have to do? gather an evidence right? how does a person gather some evidences? snooping, tailing, etc... Now if he suspected that she's cheating and can't even use password that's been written in an open area, then shoot him for finding the truth about his cheating wife. Finding the truth is should be rewarded. Most of the divorces in US, are using "unreconciled differences". this is BS. a man who's been working so hard to reach the top, then married a woman, to get his fortune split in half even if the wife is cheating on him. 0.02
1. Sunny at 7:40am 28th December 2010 So who says anything about his fortune? A pass word is just that - a word to keep someone without the right to the information out.
  1. Steven at 11:36am 28th December 2010 Sunny, what is a marriage for?
2. JKDINNG at 9:15am 28th December 2010 I like how they said he's a "Hacker" by finding a written down password and typing it on a website. He used sophisticated tools like a "Web Browser" and a "Keyboard".
  1. Nightlight at 12:45pm 28th December 2010 Don't forget "Paper" and "Pencil". Perhaps we should outlaw--or at least--rigorously control such high tech tools as they are likely to be exploited by evildoers.
  2. leahhall at 1:03pm 28th December 2010 I know right its crazy. And the lawyer saying all that stuff about him being "highly trained" and having "wonderful skills" is so stupid lol. Congrats guy, your training means you can read a password off some paper!
3. RajMann at 11:55am 28th December 2010 My 4 year old daughter figured out my password was "daddy" the other day. I'm suing the little hacker.