David LaMacchia Defense Fund
The David LaMacchia Defense Fund was organized to ensure that David
LaMacchia received a fair trial. LaMacchia was indicted by the
federal government for conspiracy to commit wire fraud. "This is the
first time in Massachusetts that the wire fraud statute has been used
in a computer bulletin board case," said Stephen Heyman, deputy chief
in the US attorney's office. That made the case interesting,
law-making, and very expensive. An unfortunate side-effect of our
common law system, where laws are made by decisions in particular
cases, is that an individual involved in a constitutional test case is
faced with the certainty of staggering legal bills as well as the
possibility of imprisonment and fines.
Contributions to the Fund are used to defray a portion of LaMacchia's
legal expenses, which were staggering. The Fund spends nothing on
advertising, salaries, promotions, etc.; 100% of contributions are
used to reimburse David's family for the costs of his defense.
The Fund has never taken a position on the merits of either side's
case.
Information from both sides
- The Indictment
- U.S. Attorney's April 7, 1994 press release
- Response of Defense Counsel, April 8, 1994
- Issues Primer (from Defense Counsel), April 11, 1994
- Motion to Dismiss (from Defense Counsel), September 30, 1994
- Government's Opposition to Motion to Dismiss (from U.S. Attorney),
October 24, 1994
- Reply to Government's Opposition to Defendant's Motion to Dismiss
(from Defense Counsel), November 4, 1994
- Memorandum of Decision and Order on Defendant's Motion to Dismiss
(from Stearns, D.J., allowing the Motion to Dismiss), December 28, 1994
- Statement from Defense Counsel Concerning
the Dismissal of the Indictment, December 29, 1994
- Statement from the U.S. Attorney's
Office on decision not to appeal Judge Stearns' ruling, January 27, 1995.
- Statement from Defense Counsel on decision not to appeal, January 27, 1995.
Case Chronology