Stories
Slash Boxes
Comments

SoylentNews is people

posted by takyon on Friday November 01 2019, @04:59AM   Printer-friendly
from the knock-knock dept.

According to The Des Moines Register, the Coalfire penetration testers, Justin Wynn and Gary Demercurio, have had their charges reduced to Trespass (Iowa Code § 716.8(a)(1)) from the previous charges of third-degree burglary and Possession of Burglary Tools (Iowa Code § 713.7). This whole case may hinge on the penetration testers mistake in their authorization (if not actual authorization) to enter under Iowa Code § 701.6 or, as the model jury instructions put it:

The defendant claims that at the time of the act in question, he was acting under a mistake of fact as to (element of crime to which mistake of fact is directed). When an act is committed because of mistake of fact, the mistake of fact must be because of a good faith reasonable belief by the defendant, acting as a reasonably careful person under similar circumstances.
The defendant must inquire or determine what is true when to do so would be reasonable under the circumstances.
The State has the burden of proving the defendant was not acting under mistake of fact as it applies to the question of (element).

To editorialize, it seems to this humble submitter that the county better take their ball and go home, as they have quite the hill to climb against defendants with almost unlimited money. But then again, both sides are acting out of righteous indignation at this point.

Previously: Authorised Pen-Testers Nabbed, Jailed in Iowa Courthouse Break-in Attempt
Iowa Officials Claim Confusion Over Scope Led to Arrest of Pen-Testers


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 2) by DannyB on Friday November 01 2019, @06:19PM (4 children)

    by DannyB (5839) Subscriber Badge on Friday November 01 2019, @06:19PM (#914724) Journal

    Suppose if no pen testers ever again are willing to work for this county.

    --
    People today are educated enough to repeat what they are taught but not to question what they are taught.
    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

    Total Score:   2  
  • (Score: 0) by Anonymous Coward on Friday November 01 2019, @06:58PM

    by Anonymous Coward on Friday November 01 2019, @06:58PM (#914746)

    The night his employees went to test the Dallas County Courthouse, McAndrew said they found the courthouse door open. They then closed and locked the door to better test the security.

    Not good from the looks of it.

  • (Score: 2) by takyon on Friday November 01 2019, @08:36PM

    by takyon (881) <reversethis-{gro ... s} {ta} {noykat}> on Friday November 01 2019, @08:36PM (#914801) Journal

    The next pen testers will just evade arrest. Like ghosts.

    --
    [SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
  • (Score: 2) by All Your Lawn Are Belong To Us on Friday November 01 2019, @10:38PM (1 child)

    by All Your Lawn Are Belong To Us (6553) on Friday November 01 2019, @10:38PM (#914838) Journal

    Gee, imagine if the pen testers had been smart enough to ask if the buildings they'd be attempting to penetrate are under State ownership. "Oh, they're County? You'll have to secure permission for us from the county, then." Scopes like that are routinely asked/answered for security firms.

    --
    This sig for rent.
    • (Score: 0) by Anonymous Coward on Saturday November 02 2019, @04:11AM

      by Anonymous Coward on Saturday November 02 2019, @04:11AM (#914944)

      The agreed scope of work said to test that building, as well as two others. When one of the branches of government tells you to do something on your scope of work and state that they have the necessary ownership (freehold or leasehold) interest in the locations, one would think that would be good enough. But no, they then confirmed it multiple times, according to both Coalfire and the Judicial Branch. And then, on top of that, had no problems with the state troopers, sheriff deputies, or local police at the other two locations. And then, they didn't have any problem with the deputies at the third location until the sheriff showed up in person.

      No, the real lesson here is not to drag Sheriff Leonard out of bed in the early morning and give him an excuse when he has a political ax to grind.