Josh Holly, 22, the computer hacker who leaked racy photos of an underage Miley Cyrus, is desperately trying to avoid spending time in prison. Why does this digital criminal think he deserves to get off with nothing more than probation? The short answer: because he's too short. That's right, Holly's lawyer is arguing that because he would get the crap kicked out of him in prison he should qualify for home arrest and probation. Look at the poor kid. We almost feel sorry for him.
His lawyer argues that probation would be “sufficiently onerous punishment for a first-time offender of immature mental age," according to legal documents. Holly's lawyer says it would "hinder" his rehabilitation and also cited his client's height and youth as a major factor.
This is the first time we've seen the "nerd defense" used in a criminal case.
Holly is the hacker responsible for leaking private photos of Miley Cyrus in her underwear. Holly didn't even really hack into Cyrus' account; he guessed the correct answer to a security question on her Gmail.
The most pathetic part about the case? The Department of Justice recommended he spend only THREE days in custody. Why the Department of Justice is concerned with Miley Cyrus' leaked photos is beyond us, but they should at least send a message to other would be hackers. And that message is if you think the bullies in your high school were bad, just wait until you're locked up with repeat offenders in a federal prison.
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