Judge sends man to jail for computer use

A judge ordered the accused hacker to avoid computers while awaiting trial for allegedly harassing a neighbor.

July 10, 2010 at 2:11AM

Barry Ardolf is going to jail for defying a federal judge's order to stay away from computers.

Not only did he have a computer in his home, his daughter's, but his daughter testified Friday that her father had also used another computer in the home and had used a computer at a bookstore, all in violation of conditions of his release pending trial.

There is reason for the computer ban. The Blaine man's use of a computer to allegedly hack into a neighbor's Internet access to harass and smear the neighbor is at the heart of a federal case against him. Ardolf, 45, is accused of threatening Vice President Joe Biden and sending child pornography to the neighbor's co-workers -- all while pretending to be the neighbor.

On June 15, U.S. District Judge Donovan Frank ordered that all computers -- as well as any equipment that could access the Internet -- be removed from Ardolf's home. That included computers owned by his children. If Ardolf violated those conditions, Frank said, he would go to jail.

But on Thursday morning, a probation officer visited Ardolf's home and found a computer in his daughter's room. On Friday, U.S. Magistrate Judge Franklin Noel held a hearing to determine if Ardolf had violated his release.

At the request of Ardolf's attorney, Katrina Ardolf took the stand to testify that the computer found by probation officers was hers. She said she was packing to leave town, and her father had never told her she could not have a computer in the home.

Then Assistant U.S. Attorney Tim Rank asked her if her father had used a computer since June 15.

"Yes," she said, saying she had seen him use a computer in his home and at a Borders bookstore.

Ardolf's lawyer, Seamus Mahoney, admitted to the judge that he was not prepared for that bit of news. Noel wasted little time in ruling that Ardolf had violated conditions of his release, and ordered him to be taken to jail.

Deputy U.S. marshals had Ardolf remove items from his pockets. Mahoney took his belt. Then the marshals patted him down before leading him from the courtroom.

After the hearing, Mahoney acknowledged that his client's use of a computer in defiance of court orders was "a bit of a surprise." It also could make his case tougher to defend, Mahoney admitted.

James Walsh • 612-673-7428

about the writer

about the writer

James Walsh

Reporter

James Walsh is a reporter covering social services, focusing on issues involving disability, accessibility and aging. He has had myriad assignments over nearly 35 years at the Star Tribune, including federal courts, St. Paul neighborhoods and St. Paul schools.

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