By BROOKLYN BROWN
One Feather Reporter
CHEROKEE, N.C.—The Supreme Court of the Eastern Band of Cherokee Indians (EBCI) Tribal Court vacated the conviction of Benjamin Cody Long on Dec. 14, 2023.
Long was arraigned and detained in December 2019 following a cyberattack on the tribal network that shut down most tribal operations for several months. After 22 months of hearings and eight dismissed charges, Long, a member of the EBCI and former employee of the EBCI Office of Information Technology (OIT), was found guilty of felony “misuse of Tribal property” on Oct. 14, 2021 (20CR465). Following the verdict, Long was sentenced to time served, which was 454 days.
The Supreme Court ruling reads,
“Per Curiam,
Defendant appeals his jury conviction for misuse of Tribal property for accessing network resources belonging to the Eastern Band of Cherokee Indians after being relieved of his duties and put on paid administrative leave from his position as the lead systems administrator for the Tribe’s Office of Information and Technology. Computer records showed a single login to Defendant’s network account following a meeting during which he was put on leave. After careful review, we hold that under the Cherokee Code, evidence of an unauthorized login, without more, is insufficient to convict for the misuse of Tribal property. Because the Tribe failed to provide evidence of appropriation of Tribal property for Defendant’s own use or use of
another, as required by the Cherokee Code, we vacate Defendant’s conviction.”
The ruling also states that “The primary question before the Court is whether the Tribe’s evidence met the statutory element that requires a defendant ‘appropriate the Tribal property…to his own use or use of another,’ citing Cherokee Code 14-170.42(c)(1). The Supreme Court found that “the Tribe failed to produce any evidence showing Defendant put the network to his own use or that of another.”
The ruling goes on to say that “Without evidence of any use to which Defendant put Tribal property, we cannot uphold his conviction due to the absence of an essential element of the crime.” In conclusion, the Supreme Court found that “the trial court erred in failing to grant Defendant’s motion for acquittal, and we vacate Defendant’s conviction.”
The ruling was signed by Chief Justice Kirk Saunooke, Associate Justice Brenda Toineeta Pipestem, and Associate Justice Robert Hunter.
