Prosecutors Presenting Case in Fmr. Councilman Tony Trout Trial

The trial for former Greenville County Council member Tony Trout started Monday morning in Spartanburg.

A jury was selected for the case involving federal crimes that included the use of computers. He faces up to 36 years in prison and more than $1 million in fines if convicted.

Harold Anthony “Tony” Trout was arrested on five counts on October 1, 2008 on allegations he used an electronic computer monitoring device to intercept communications from a computer owned by the County of Greenville that was being used by County Administrator Joe Kernell.

The U.S. Attorney’s Office also says Trout used this information to unlawfully access private email accounts maintained by Kernell.

The indictment alleges that Trout then took these private emails and posted them on his personal website. The U.S. Attorney also says a federal search warrant was executed at trout’s home in Greer and that the former councilman destroyed records relating to the spy monitoring device.

Government began by calling county council Chairman, Butch Kirven. Prosecution alledges that Trout send an email to Kirven with the spyware software on it, and that's how he was able to access computers. Kirven testified to the increasingly bitter relationship between Trout and other members of council.

Government also called Trout's personal friend, David Smith. He is the one who tipped the US attorney and FBI off to Trout's activities. Smith claims that when Trout first installed spyware, he called him and said "you'll never believe what I've done."

U.S. Attorney W. Walter Wilkins says the FBI aided their investigation.

Here’s a list of the counts against Trout as released by the U.S. Attorney on October 1, 2008:

Count 1 – unlawfully accessing a computer used in interstate communication and obtaining information in furtherance of another criminal act, in violation of Title 18, United States Code, Section 1030(a)(2)(C). Maximum Penalty: Imprisonment for up to 5 years, a fine of up to $250,000, Supervised Release for up to 3 years, and a Special Assessment of $100.

Count 2 – unlawfully accessing a computer used in interstate communication
and obtaining information, in violation of Title 18, United States Code, Section 1030(a)(2)(C). Maximum Penalty: Imprisonment for up to 1 year, a fine of up to $1000,000, Supervised Release for up to 1 years, and a Special Assessment of $25.

Count 3 – destroying records with intent to obstruct a federal investigation, in violation of Title 18, United States Code, Section 1519. Maximum Penalty: Imprisonment for up to 20 years, a fine of up to $250,000, Supervised Release for up to 3 years, and a Special Assessment of $100.

Count 4 – intentionally intercepting electronic communications, in violation of Title 18, United States Code, Section 2511(1)(a). Maximum Penalty: Imprisonment for up to 5 years, a fine of up to $250,000, Supervised Release for up to 3 years, and a Special Assessment of $100.

Count 5 – disclosing electronic communications knowing that they were unlawfully intercepted, in violation of Title 18, United States Code, Section 2511(1)(c). Maximum Penalty: Imprisonment for up to 5 years, a fine of up to $250,000, Supervised Release for up to 3 years, and a Special Assessment of $100.

You can read more about Tony Trout, including links to previous stories by clicking here.