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Va. 'spam' conviction overturned

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Published: March. 2, 2005 at 9:33 AM

LEESBURG, Va., March 2 (UPI) -- A conviction for violating Virginia's anti-spam law has been overturned with the judge saying the complex law may have confused jurors.

Loudoun County, Va., Circuit Judge Thomas D. Horne Tuesday threw out the conviction of Jessica DeGroot, saying he could not find "any rational basis" for her conviction, the Washington Post reported. The woman's brother, however, had his conviction upheld and faces nine years in prison in the case. A third man charged was acquitted at the original trial.

DeGroot and her brother, Jeremy Jaynes, were convicted of sending more than 10,000 e-mail messages to AOL subscribers during a three-day period in July 2003.

But Horne said jurors might have gotten "lost" in trying to sort out the anti-spam law and technological evidence in the case, the Post said.

Jaynes' attorney told the Post he would argue at a sentencing hearing that nine years in prison was too stern a sentence for a nonviolent crime. He also said he would appeal his client's conviction to the Virginia Court of Appeals.

Topics: Jeremy Jaynes
© 2005 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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