Karen Todner, McKinnon's lawyer, has also asked the Crown Prosecution Service to try her client in the UK. Todner believes an admission of guilt signed by McKinnon and sent to the DPP entitles him to a British trial under the Computer Misuse Act.
>> Read the full letter: Gary McKinnon's mother's appeal to the DPP
McKinnon is wanted by the US to face charges that he hacked into Nasa and US defence computers and caused damage worth thousands of dollars. McKinnion admits the hacking, but denies causing damage.
Mckinnon's mother, Janis Sharp told Keir Starmer that she wanted her son to receive equal treatment to that received by Aaron Caffrey, a 19-year-old whom the Americans wanted extradited for a denial of service attack on one of the US's business harbours, Houston, on 20 September2001.
"I am not asking for Gary to be excused I am merely asking that he can be tried in the UK on all of the charges already brought by the Americans and if need be, punished here," Sharp wrote to Starmer.
"I am not requesting this merely for compassionate reasons but am asking on the basis of the right for my son Gary to receive equal treatment to Aaron Caffrey," she said.
Demonstration outside Home Office to halt the extradition of Gary McKinnon
According to Sharp, the same CPS official dealt with both Caffrey's and McKinnon's cases. She said this person led Gary and his solicitor to understand at the time that he had been instructed from "the very top" to basically stand aside for America to prosecute Gary. "What we did not know at the time was that simultaneously the CPS was deciding to approve the prosecution of Aaron Caffrey in Southwark Crown Court," she said.
Caffrey, who admitted he was a member of a white hat hacking group, admitted the attack came from his computer, but said it was due to a Trojan that ran without his knowledge. A forensic examination of Caffrey's computer showed no evidence of the Trojan. Caffrey was tried in the UK and acquitted because the jury was not convinced he had hacked the port's computers.
Sharp said the Home Secretary (Jack Straw) had previously turned down extradition requests for former Chilean dictator leader Augusto Pinochet, and alleged IRA terrorist Roisin McAliskey on health grounds. He had also tried to negotiate the release of Michael Shields from Bulgaria, who had been convicted for attempted murderer.
"(Jack Straw) should feel it only fair to allow a gentle person like Gary to be tried in the UK as Gary has no criminal record and has never hurt anyone and his crime was merely his obsessive behaviour caused by Asperger Syndrome," Sharp said.