David L. Smith, a former computer programmer, was arrested in April. A brief filed in state Superior Court by Supervising Deputy Attorney General Christopher G. Bubb says Smith waived his Miranda rights and spoke to investigators when police arrived at his apartment. He refused to comment further, the newspaper reported today. It caused infected computers to create and send 50 additional infected messages. The volume of messages generated slowed some systems to a crawl.
Authorities say the virus was named after a topless dancer in Florida.
Faces 40 years in prison Bubb's brief was filed in response to a defense motion seeking additional prosecution documents. Borden says he needs the prosecution documents to file a motion to suppress evidence seized during the search of Smith's apartment. A hearing on his motion was to be held this afternoon. Smith is charged with interruption of public communications, conspiracy and theft of computer service. The maximum penalty for the offense is 40 years in prison.