Last updated: February 03. 2014 11:16PM - 3155 Views
By - rdupuis@civitasmedia.com



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WILKES-BARRE — The lawyer for a Dallas High School sophomore accused of a “cyber terrorism” attack on the district’s Internet server has filed a formal request seeking documentation of the administration’s allegations.


Shavertown attorney Gary Michak’s request was filed Monday in Luzerne County Court on behalf of his client, identified in court documents only by his initials.


In crisp, direct language, Michak tells the district exactly what he wants, and how to go about finding it.


“Before responding to these requests, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents and attorneys must do the same,” he writes to the district.


Last week, Michak succeeded in obtaining a preliminary injunction against the district after officials suspended the boy, informing his parents that the youth “was being investigated as a cyber-terrorist, and that the district was considering referrals to law enforcement, including federal law enforcement,” Michak wrote.


The parents were informed that their son “had cyber-hacked the district’s Internet server, had uploaded a virus and that the district’s technology department had terminated the ‘attack’ before the system ‘crashed.’”


Michak is requesting the following:


• A copy of the file the boy was allegedly duplicating, copied to disk, so it may be analyzed.


• Server and storage device specifications, network and storage site security logs.


• The computer the youth was using.


• All of the boy’s records and files.


• Any and all notes that high school Principal Jeffrey Shaffer holds on the situation or about the student.


• Any and all notes from district Superintendent Frank Galicki.


• Any and all emails from district technology director Bill Gartrell.


• Any and all emails about the youth and the situation.


• Any and all notes from the boy’s guidance counselor.


• Any agreement signed by the child regarding use of school computer equipment.


At a Jan. 27 hearing, which the boy was not permitted to attend due to a three-day suspension, Shaffer informed the parents that their son’s suspension was expanded to 10 days, Michak wrote.


They were further informed that “expulsion was being considered, and that it was likely that (the student) would be expelled from the district,” according to Michak.


Luzerne County Judge David W. Lupas last week ordered the boy may “return to school without restriction” and prohibited the district from making any public comments or disseminating any confidential information pending a court hearing, which is set for 1:30 p.m. Thursday.


Michak’s request was directed to Wilkes-Barre attorney Robert N. Gawlas Jr. on behalf of the district. He requested that the items sought be presented within 30 days.

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