[free-sklyarov] Dmitry freeing clarified

[Nick Moffitt]

http://www.oreillynet.com/lpt/wlg/983 says:

> Dmitry Sets the Record Straight
> by Lisa Rein
> Dec. 21, 2001
> 
> On Wednesday night, I spoke with Dmitry Skylarov at a small event to
> celebrate his homegoing, hosted by the EFF.
> 
> Dmitry told me that he was upset with the U.S. Attorney's
> misrepresentation of his agreement with them.
> 
> Specifically, Dmitry says that:
> 
>     * He still works for Elcomsoft and has no intention of leaving
>     anytime soon.
> 
>       (The announcement from the U.S. Attorney's Office described
>       Elcomsoft as Dmitry's "former employer.")
> 
>     * There was no plea bargain made between Dmitry and the U.S.
>     Attorney's Office
> 
>       (As the same announcement would lead you to believe:
>       "...(Sklyarov) admitted his conduct in a hearing before U.S.
>       District Judge Whyte in San Jose Federal Court. Under the
>       agreement, Mr.  Sklyarov agreed to cooperate with the United
>       States in its ongoing prosecution of Mr. Sklyarov's former
>       employer...")
> 
>     * Dmitry's story has not changed: he still maintains that both
>     he and his employer are not guilty of any misconduct.
> 
> Joe Burton's Statement 12_19_01
> 
>     I want to state, for the record, that we, the defense, feel that
>     there has been an injustice done to Dmitry Sklyarov and
>     ElcomSoft. The U. S.  Attorney's December 13th Press Release is
>     a cleverly crafted statement that promotes the notion that
>     Dmitry admits wrongful conduct and has entered into a Plea
>     Agreement with the U.S. Government. I categorically reject the
>     notion that there is any admission of wrongful conduct on the
>     part of Dmitry Sklyarov, he has simply agreed to tell his story,
>     which I might add is the identical story he has consistently
>     told since day one of his arrest. In addition there is, quite
>     simply, NO Plea Agreement. He has agreed to testify for the U.
>     S. Government, if called and he will testify for ElcomSoft, if
>     called.
> 
>     I also want to set the record straight on the issue of Dmitry's
>     employment with ElcomSoft. Dmitry has been employed since April
>     2000 and he remains employed by ElcomSoft and will continue his
>     employment with ElcomSoft.
> 
>     It is not unexpected that the U.S. Attorneys would look for a
>     way to "save face" in this case, however to do so, at the
>     expense of Dmitry is completely unacceptable to me.
> 
> Dmitry Sklyarov's Statement 12/19/01
> 
>     I would like to express my heartfelt appreciation to each person
>     who has supported and contributed to me during my detention,
>     these past 5 months.
> 
>     Naturally, I am very happy about returning to Russia and at the
>     prospect of getting back to my family and friends. I am excited
>     about spending the holidays in my homeland.
> 
>     There are two points I wish to address, today. The first point
>     is this: I am extremely disappointed with any implication that I
>     am, in any way, cooperating with the government. My perspective
>     is simply this: I am a man of integrity and as such am doing
>     nothing more that telling the truth... I am not for or against
>     anyone.
> 
>     Secondly, there seems to have been some confusion as to my
>     employment status with ElcomSoft. I would like to clear up this
>     confusion... I have been employed by ElcomSoft since April 2000
>     and will continue to be employed in the future. As a matter of
>     fact, I have remained ElcomSoft's long distance "virtual"
>     employee throughout these past 5 months while detained, here in
>     the United States.
> 
> ElcomSoft Founder/CEO Alex Katalov's Statement 12/19/01
> 
>     First, let me say that the Diversion Agreement, reached between
>     Dmitry Sklyarov and the US Attorney's office last Thursday
>     (December 13, 2001) was reached with ElcomSoft's complete
>     knowledge, cooperation and our unfailing support for our
>     employee, Dmitry Sklyarov.
> 
>     Neither ElcomSoft nor our legal team sees this agreement in any
>     way counterproductive to our ongoing case, nor do we feel that
>     Dmitry's testimony will be anything but supportive to our case.
>     All that Dmitry has to do is to tell the truth; we, of course,
>     welcome that; the truth will never change regardless of who
>     calls Dmitry as a witness: the prosecution or the defense, or
>     both.
> 
>     From the company's standpoint, Dmitry's agreement serves
>     ElcomSoft well. It provides us with the freedom and flexibility
>     to pursue our best legal strategy without worrying about the
>     possibility that Dmitry could face jail.
> 
> Lisa Rein is the Resource Guide Editor for XML.com and the Editor of
> O'Reilly's P2P Directory. She teaches XML for the University of
> California at Berkeley Extension Online, runs her own educational
> website at http://www.finetuning.com and keeps her own personal
> weblog at http://lisarein.blogspot.com.
> 
> oreillynet.com Copyright (c) 2000 O'Reilly & Associates, Inc.


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