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Man charged for accessing law enforcement data base

ROCHESTER HILLS, Mich., June 21 (UPI) -- A Michigan man who read his wife's e-mails to discover whether she was having an affair faces charges of illegally accessing a law enforcement computer system.

While a state appellate court put a hold on a felony computer hacking charge against computer technician Leon Walker, 33, of Rochester Hills, it let stand the charge of unlawfully accessing CLEMIS, a law enforcement program, the Detroit Free Press reported Tuesday.

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"This court concluded that serious questions exist as to whether this felony criminal statute was intended to be applied to domestic relations cases of the sort presented here," the court of appeals panel wrote, ordering the trial judge to explain why the statute should be used.

Two years ago, Walker read the Gmail account of his wife Clara and discovered she was having an affair with her second husband, who had been arrested for beating her in front of a child by her first husband.

Walker said he was concerned the child would be exposed to further domestic violence, and alerted the first husband to the e-mail so that he could include it in his child custody battle.

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Walker and his wife, who have a child together, are now divorced, the Free Press reported.

Regarding the CLEMIS issue, Walker said he asked county officials how the system worked, explaining he was preparing a Freedom of Information Act letter to discover whether others in the county had been charged with reading a spouse's e-mail.

The newspaper said there is no such precedent.

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