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'Melissa' Suspect's lawyer says his client will plead innocent
April 3, 1999 TRENTON, New Jersey (AP) -- The man accused of creating the so-called Melissa virus, which infected thousands of computers and overloaded e-mail systems worldwide, never intended to do anything wrong, his lawyer said Saturday. David L. Smith, a 30-year-old computer programmer, will plead innocent to the state charges, said lawyer Steven Altman. Smith was arrested Thursday night at a brother's house in Eatontown. He faces charges that include interruption of public communications, conspiracy and theft of computer service -- charges that carry a maximum penalty of 40 years in prison and a $480,000 fine. Altman said his client had been wrongfully portrayed as a dangerous computer-hacker and been victimized by the government's crackdown on high-tech crimes. "The computer world is a world where people do things, experimental things, just about every day," Altman said. "Nothing he did, or intended to do, had a premeditated or wrongful intent." Smith was released Friday on $100,000 bail. "He's very upset, scared and nervous. This has been a horrible ordeal. They went in there as gangbusters -- local authorities, state police, the FBI. Ted Bundy, that's what they treated him like," Altman said, referring to the serial killer executed in Florida 10 years ago. No court appearance had been scheduled. The virus spread around the world Monday like a chain letter, arriving in e-mail messages with the heading "important message." It then caused affected computers to fire off 50 more infected messages, and the volume of e-mail slowed some systems to a crawl. Smith, who worked as an on-site consultant, or a troubleshooter, for AT&T Labs in Florham Park, employed by Iselin-based CGS Computer Associates, was tracked down by a task force of federal and state agents, with help from America Online technicians. AOL contacted state authorities after its own investigation turned up evidence that pointed to New Jersey, said Christopher Bubb, head of a state computer analysis unit. The New York Times reported Saturday that investigators determined that the first copy of the Melissa virus originated from an account with Monmouth Internet Corp., based in Red Bank, and then traced it to Smith's telephone line. Monmouth Internet gave New Jersey investigators records of Internet use on March 26, the day Melissa appeared, confirmed Mark R. Stevens, the company's operations manager. Apparently frightened when the FBI posted a warning about Melissa last week, Smith threw his computer equipment into a trash bin at his apartment complex, investigators said. Computer experts used unique identification numbers embedded in documents to trace Melissa back to a well-known virus writer who calls himself VicodinES, but authorities said Smith was not the person known by that handle. They suspect Smith took two viruses, one of which came from VicodinES, and combined them with another virus to create Melissa. Vicodin ES, or extra strength, also happens to be the name of a narcotic pain killer. There was no comment from Smith on Saturday. Altman would not say where he was staying. Copyright 1999 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. MESSAGE BOARD: "Melissa virus" RELATED STORIES: Melissa takes down Marine Corps e-mail March 31, 1999 Melissa tracked to user name 'Sky Roket' March 31, 1999 'Melissa' mutates, becomes resistant to patch March 30, 1999 'Digital fingerprint' may reveal origin of 'Melissa' virus March 30, 1999 RELATED SITES: Federal Bureau of Investigation •FBI - Awareness of National Security Issues and Response (ANSIR) Program New Jersey Department of Law and Public Safety: Attorney General's Office AOL.COM
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