The Los Angeles City Attorney's office drops the case against Sysop Tom Tcimpidis for lack of evidence and in the "interests of justice". Tom Tcimpidis had previous had his system seized for the posting of a pactel card code without the sysop's knowledge.

7AM, 02/07/85:

Pursuant to a telephone discussion w/ Reginald Dunn, head of the Criminal
Division of the LA City Attorney's Office, I was informed that the prosecution
believes it has insufficient evidence to continue the prosecution of Tom
Tcimpidis, Sysop of MOG-UR.  This determination was made after I requested a
review of the case on 1/11/85 after the departure of city attorney IRA Reiner
to become DA and while the City Attorney's office is being run by the Civil
Service staff pending election of a new City Attorney.  Mr. Dunn has given me
his word that the people will seek dismissal of the charges against Tom under
California Penal Code Section 1385, I.E., Dismissal In The Interests Of
Justice.  Under California law, such a dismissal is "w/ prejudice" and the
people cannot refile the case subsequently.  To put it succinctly, a dismissal
will terminate the presecution permanently.

As the members know, the City Attorney's office has previously reneged on
representations made to me regarding dismissal of the charges....I wish to
assure everyone that I have known Mr. Dunn for 10 years, and I trust his word
completely.  If he says the case will be dismissed, I am statisfied that such
an action will occur.

We win.  Win....win....win....win....My thanks to everyone who contributed to
supporting Tom and I in the defense of this matter.  I consider this to be a
major victory for the rights of free speech over the "Big Brother"
machinations of the phone company.

I would be grateful if you would download this message and place it on other
systems throughout the country.....This is a very big victory, and the BBS and
Modem Communities should know about it.

Again, thanks for the support. Best wishes to all,
Chuck Lindner Attorney for sysop Tom Tcimpidis

8PM, 02/07/85:
The case of People V. Tcimpidis, aka use of a modem, go to jail, was dismissed
in the "Interests Of Justice" this morning, 02/07/85.  As noted earlier, this
dismissal is w/ prejudice, and Tom is now free of the pactel scourge.  Another
small step for something resmbling justice.

Source

NIA #68