Judge keeps Matt Weiss hacking case on track for September trial

A setback for the defense

U.S. District Judge David Lawson on Monday denied former University of Michigan football assistant Matt Weiss’ bid to throw out several charges in a federal computer-hacking indictment, keeping a Sept. 22 trial date in Detroit in place.detroitnews +1 The ruling came less than a week after the same judge suppressed some digital evidence seized by University of Michigan police, giving both sides a mixed pretrial record in a closely watched case.detroitnews +1

Weiss, a former Michigan co-offensive coordinator and quarterbacks coach, is charged with 14 counts of unauthorized access to computers and 10 counts of aggravated identity theft.detroitnews +1 Prosecutors allege he broke into personal accounts tied to thousands of mostly female college athletes and students and downloaded private photos and videos.aol +1

The dismissal arguments fell short

Weiss had argued that 15 of the 24 counts should be dismissed on grounds including duplicity, multiplicity and venue, saying prosecutors had charged some conduct in improper or overlapping ways.freep Lawson wrote that the objections did not justify dismissing the challenged counts before trial, and that some concerns could be addressed later if the government fails to prove its case.detroitnews +1

The venue dispute remains important because Weiss argued prosecutors had not shown the alleged hacking occurred in the Eastern District of Michigan.freep Lawson said the government expects to prove that the unauthorized-access attempts happened while Weiss lived and worked in that district, and that Weiss can seek relief at trial if prosecutors do not offer that proof.freep

Evidence fights still shape the case

The latest order followed Lawson’s July 1 decision finding that University of Michigan police warrants for computers, phones and tablets were unconstitutional general warrants because they authorized broad forensic searches without adequate limits.detroitnews That ruling suppressed material from devices seized at Schembechler Hall and Weiss’ home, but it left intact evidence obtained from his iCloud account.detroitnews +1

The broader allegations have rippled well beyond Ann Arbor. Federal investigators have said Weiss gained access to a student-athlete database used by more than 100 colleges and universities and obtained personal or medical data tied to more than 150,000 athletes.abcnews The case is being followed by current and former college students who say their private information was compromised, and Weiss also faces civil lawsuits connected to the alleged intrusions.detroitnews +1

Civil litigation is also building around the criminal case. The Detroit Free Press reported that more than 70 student athletes are suing Weiss, former Michigan coach Jim Harbaugh, former university president Santa Ono and others connected to the school, alleging private photos and videos were stolen from personal accounts.freep With the core indictment intact, the next major test is whether prosecutors can present enough admissible evidence to sustain the charges at trial.detroitnews +1