Federal Judge Rules Hacker Covered by Informant Laws

Originally published by The Associated Press, March 18, 2003

LOS ANGELES (AP) — A federal judge ruled Monday that a Canadian computer hacker who provided authorities with diary entries and other information that led to the arrest of an Orange County judge on child pornography charges was acting as a police informant.

The ruling triggers Fourth Amendment protections against illegal searches and could lead to all evidence against former Santa Ana Superior Court Judge Ronald C. Kline being thrown out, according to Kline's attorney, Paul Meyer. Federal prosecutors declined to comment.

Kline has pleaded innocent to six felony charges of storing illegal child porn images on computers at home and in his courtroom. He also has pleaded innocent to separate state charges of child molestation.

The former Little League umpire has been ordered confined to his Irvine home until trial, and a trial date is pending.

Kline, 62, withdrew his bid for re-election to the Superior Court after his 2002 arrest.

U.S. District Judge Consuelo B. Marshall said Brad Willman of British Columbia, Canada, used a software program to download diary entries from Kline's computers.

She also found that, even though Willman's actions were illegal, law enforcement authorities "encouraged" him, adding that Willman testified he believed he was acting on behalf of the U.S. government.

Willman passed the diary entries on to an Internet pedophile watchdog group in Colorado, which in turn alerted police.

U.S. Customs agents then found images of boys engaged in sexual acts on Kline's computer and computer discs, according to court documents filed in the case.