(Alleged) High School Hacker Can't Get His Case Dismissed

Happier Days: Tanvir Singh and Omar Khan

Last year we told you about the Tesoro High School teen accused of not-so-cleverly trying to fudge his way into college by breaking into his school, hacking into teachers' computers, altering his and others students' grades, stealing tests and changing his AP exam results. Omar Khan, who was arrested days before graduation when a night custodian spotted him and an accomplice after they'd broken into the school, faced 38 years in jail if found guilty of the 69 felony charges against him.

His accomplice, Tanvir Singh, pleaded guilty last fall to one felony count and one misdemeanor count for stealing a test from Tesoro after breaking in, and received three years of probation. For whatever reason, it's taken Khan's lawyer, Kazbek Soobzokov, almost a full year since his arrest to file a motion requesting a dismissal of the case on the grounds that the DA's office is engaging in "selective and discriminatory prosecution," against Khan. His grounds weren't wholly unwarranted -- the OC DA's office has a rate five times higher than all other counties in the state for prosecuting (predominantly minority) minors as adults. But why the lag?

Apparently Superior Court Judge Gregory Jones had the same question. He didn't consider Soobzokov's request for a case dismissal because it was "untimely filed." The rejection is a big blow for Khan, who still faces 38 years in jail if he's found guilty of the string of charges. Singh's guilty plea doesn't help his case either. The preliminary hearing scheduled for today was postponed because of the request for dismissal, and was rescheduled for this Thursday.