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To: Jeffrey S. Mitchell who wrote (3496)	8/2/2002 10:25:20 AM
From: dantecristo	Read Replies (1) \| Respond to of 12465

[VAR & VSEA]"Pair at odds with Varian; receive online death threats By Howard Mintz Mercury News The FBI is investigating online death threats against two Internet gadflies who've been locked in a bitter legal battle for years with their former Palo Alto company over their own inflammatory Web postings. In a strange twist to an already heated cyberspace conflict, investigators expect to file charges against the author of several months' worth of threatening e-mails and message-board postings directed at Los Altos residents Mary Day and Michael Delfino, according to federal law enforcement officials. The suspect has not been identified, but usually goes by the Internet name ``crack_smoking_jesus'' in his Yahoo messages and e-mails. The threats have been linked to a court case brought against Day and Delfino by Varian Medical Systems and Varian Semiconductor Associates, their former employers. Varian obtained an unusual libel judgment against Day and Delfino this spring as a result of thousands of critical Internet messages they've posted about the company and its executives in recent years. Since April, when the case was put on hold by an appeals court, a Yahoo user has delivered graphic threats to Day, Delfino and their Oakland lawyers, including specific threats to kill Delfino. Day and Delfino believe that all the threats have come from the same person, although different online names have been used, including ``here_comes_the_scythe,'' who warned: ``It will be hard to post when you're DEAD.'' Both federal and state law make cyber-stalking a crime. ``Hopefully, they'll get to the bottom of this craziness,'' Delfino said Thursday. The threats are an ironic turn to the case because it is Varian that has complained that Delfino and Day have crossed the line for years in what they post on the Internet, much of it caustic and often very personal criticism about company officials and their attorneys. A Santa Clara County jury sided with Varian this spring, ordering Delfino and Day to pay Varian $775,000 damages for libel. A judge also issued an injunction barring them from posting any more potentially libelous messages, although Day and Delfino repeatedly disregarded the order and even kept posting material during the trial. A San Jose appeals court stayed the injunction while Day and Delfino appeal the damage award and injunction. They maintain their comments are protected free speech and nothing more than ``opinion and hyperbole,'' as Day put it Thursday. Day and Delfino continue to maintain and update a detailed Web site devoted to bashing Varian, vowing on it to ``post until we're dead.'' Day and Delfino say their Web site is different than the threats they are receiving, which have included references to their children as well. ``These threats have ranged up to the point of being pretty scary,'' Day said. Oakland attorney Jon Eisenberg, who represents Day and Delfino, declined to comment on the matter because it is under FBI investigation. Lynne Hermle, who has represented Varian in the case and is harshly critical of Day and Delfino's past conduct, said she was unaware of the FBI probe and could not comment further. The couple's Web war with Varian dates to 1998, when Delfino was fired by the company after he was accused of harassing a co-worker. Day quit shortly thereafter. They have since formed their own medical-technology firm, MoBeta." Posted on Thu, Aug. 01, 2002 -------------------------------------------------------------------------------- Contact Howard Mintz at hmintz@sjmercury.com or (408) 286-0236. bayarea.com