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> - The pen testers should be ready to spend time in jail and be compensated as such. A piece of paper should not get you off free immediately. That thing needs

> - The pen testers should be ready to spend time in jail and be compensated as such. A piece of paper should not get you off free immediately. That thing needs to be verified, so expect it to take time. Sure, that might explain the 12 hours in jail. It does NOT explain why the county attorney continued with prosecution well after it was clear the men had no criminal intent and were acting on the direction of the state of Iowa. That was a pissing contest, full stop, and the men caught in the middle should be pursuing legal action against the county.

cosmodisk 7y ago
What's that saying about motivated fools?...I'm sure there's plenty of those in the justice system.
GlitchMr 7y ago
After it became clear they had no criminal intent, they decided to change the crime to one that doesn't require criminal intent. The initial charges were on "third-degree burglary", but then changed to "misdemeanor trespassing".
- ashtonian 7y ago
  ... When the charge should have been dropped instead as the prosecutor and sheriff were both handed binding legal docs.
- nighthawk648 7y ago
  Article didn’t mention how they got caught. Further research shows it was while doing the activities. Would’ve been impressive if they got away with it...
  - HenryBemis 7y ago
    > DeMercurio and Wynn were arrested in the early hours of September 11 after a dispatcher with the Dallas County sheriff’s department observed the men wandering through the closed county courthouse with dark backpacks. I understand that they didn't resist arrest: > Deputies were friendly and interested as DeMercurio and Wynn explained how they used a lock-picking device to bypass a locked front door. Looks like all participating in that initial encountered were having a laugh about this (while the dispatch center of course was running the check/authenticity of the claim). And then the politics/pissing contest started. It would have been better if they (pentesters) had bodycams to have the evidence of the whole attempt. That would give them extra defensive points in court.
    - nighthawk648 7y ago
      You think it would’ve been possible for them to evade capture? Ala mr. robot style?
      - freeone3000 7y ago
        Why? Them getting caught proves that the physical security measures worked. Job done, write the report, send it off.
      - madaxe_again 7y ago
        Getting shot is probably not a risk that they’d have been willing to take, given that they were holding (supposed) get out of jail free cards.
- tehwebguy 7y ago
  Exactly, DAs and prosecutors in this country have WAY to much leeway to: 1. Make a huge mistake (failing to immediately drop the charge) 2. Brush it under the rug (do nothing) 3. When caught pressing a nonsense charge with no good explanation, change the charges to something else unilaterally (!!) 4. When finally pressured enough by the public, drop the charges entirely. This case should result in D.A. / prosecutor review. The cops have an excuse but this person does not. There is no room for ego like this when people’s lives are on the line. Being charged with a crime would ruin most anyone’s life for anywhere between a few days and many years, they need to be much more careful than this.
keanzu 7y ago
> That was a pissing contest, Or in legalese as written by the men's lawyer: "The justice system ceases to serve its crucial function and loses credibility when criminal accusations are used to advance personal or political agendas."
- nighthawk648 7y ago
  > political agenda... So mayoral run?
  - blackearl 7y ago
    It was the sheriff, which for some reason is an elected position.
    - Proziam 7y ago
      Sheriffs being elected is actually extremely important. A sheriff is a constitutional entity who has far more influence than a typical police officer. Having the public choose such an official, rather than having them be hired by a city commission is very preferable - because they can be removed by the people. This isn't to say everything sheriff's do is good, they're obviously just people and prone to corruption like anyone else. That said, sheriffs who refuse to arrest people for certain things (such as marijuana, or for their sexuality) has been a significant force in protecting people from unjust laws. [0]These days, that same power is being used to try to protect the 2nd amendment. [0]https://www.youtube.com/watch?v=ENLUaosbNXc https://www.youtube.com/watch?v=ENLUaosbNXc
      - SketchySeaBeast 7y ago
        But doesn't that redefine "legal" into whatever is in vogue? I understand the appeal of having "direct" control, but I would think the law should be impartial to popularity - sometimes the police officers have to be the guy standing in the way of the angry mob. The pro of refusing to arrest people also isn't solely in the domain of a public official - regular police offers can do that as well. Also, what are the laws in regards to firing said elected official? I was trying to look up recall laws, but couldn't find anything definitive. How long can someone be bad before the people are able to act, compared to a hired office where the mayor could fire or suspend them in short order?
dsfyu404ed 7y ago
>It does NOT explain why the county attorney continued with prosecution Things get stupidly petty when politics are involved. Someone dared challenge his fiefdom and that cannot be allowed to stand uncontested so he played the "be a pain in their ass" card by prosecuting as long as he could.

cosmodisk 7y ago

What's that saying about motivated fools?...I'm sure there's plenty of those in the justice system.

GlitchMr 7y ago

After it became clear they had no criminal intent, they decided to change the crime to one that doesn't require criminal intent. The initial charges were on "third-degree burglary", but then changed to "misdemeanor trespassing".

ashtonian 7y ago
... When the charge should have been dropped instead as the prosecutor and sheriff were both handed binding legal docs.
nighthawk648 7y ago
Article didn’t mention how they got caught. Further research shows it was while doing the activities. Would’ve been impressive if they got away with it...
- HenryBemis 7y ago
  > DeMercurio and Wynn were arrested in the early hours of September 11 after a dispatcher with the Dallas County sheriff’s department observed the men wandering through the closed county courthouse with dark backpacks. I understand that they didn't resist arrest: > Deputies were friendly and interested as DeMercurio and Wynn explained how they used a lock-picking device to bypass a locked front door. Looks like all participating in that initial encountered were having a laugh about this (while the dispatch center of course was running the check/authenticity of the claim). And then the politics/pissing contest started. It would have been better if they (pentesters) had bodycams to have the evidence of the whole attempt. That would give them extra defensive points in court.
  - nighthawk648 7y ago
    You think it would’ve been possible for them to evade capture? Ala mr. robot style?
    - freeone3000 7y ago
      Why? Them getting caught proves that the physical security measures worked. Job done, write the report, send it off.
    - madaxe_again 7y ago
      Getting shot is probably not a risk that they’d have been willing to take, given that they were holding (supposed) get out of jail free cards.
tehwebguy 7y ago
Exactly, DAs and prosecutors in this country have WAY to much leeway to: 1. Make a huge mistake (failing to immediately drop the charge) 2. Brush it under the rug (do nothing) 3. When caught pressing a nonsense charge with no good explanation, change the charges to something else unilaterally (!!) 4. When finally pressured enough by the public, drop the charges entirely. This case should result in D.A. / prosecutor review. The cops have an excuse but this person does not. There is no room for ego like this when people’s lives are on the line. Being charged with a crime would ruin most anyone’s life for anywhere between a few days and many years, they need to be much more careful than this.

keanzu 7y ago

> That was a pissing contest, Or in legalese as written by the men's lawyer: "The justice system ceases to serve its crucial function and loses credibility when criminal accusations are used to advance personal or political agendas."

nighthawk648 7y ago
> political agenda... So mayoral run?
- blackearl 7y ago
  It was the sheriff, which for some reason is an elected position.
  - Proziam 7y ago
    Sheriffs being elected is actually extremely important. A sheriff is a constitutional entity who has far more influence than a typical police officer. Having the public choose such an official, rather than having them be hired by a city commission is very preferable - because they can be removed by the people. This isn't to say everything sheriff's do is good, they're obviously just people and prone to corruption like anyone else. That said, sheriffs who refuse to arrest people for certain things (such as marijuana, or for their sexuality) has been a significant force in protecting people from unjust laws. [0]These days, that same power is being used to try to protect the 2nd amendment. [0]https://www.youtube.com/watch?v=ENLUaosbNXc https://www.youtube.com/watch?v=ENLUaosbNXc
    - SketchySeaBeast 7y ago
      But doesn't that redefine "legal" into whatever is in vogue? I understand the appeal of having "direct" control, but I would think the law should be impartial to popularity - sometimes the police officers have to be the guy standing in the way of the angry mob. The pro of refusing to arrest people also isn't solely in the domain of a public official - regular police offers can do that as well. Also, what are the laws in regards to firing said elected official? I was trying to look up recall laws, but couldn't find anything definitive. How long can someone be bad before the people are able to act, compared to a hired office where the mayor could fire or suspend them in short order?

dsfyu404ed 7y ago

>It does NOT explain why the county attorney continued with prosecution Things get stupidly petty when politics are involved. Someone dared challenge his fiefdom and that cannot be allowed to stand uncontested so he played the "be a pain in their ass" card by prosecuting as long as he could.