Cottrell was arrested in March 2004 after law enforcement traced the "Tony Marsden" emails to him. In an October 24, 2004 federal grand jury indictment he was charged with conspiracy to commit arson, multiple counts of arson, and one count of using a destructive device during a crime of violence. At trial, Cottrell's lawyers stated that he had been diagnosed with
Asperger syndrome and sought to introduce expert testimony about how the condition affected his judgment and susceptibility to influence. Judge Gary Klausner limited the extent to which Asperger-related evidence could be presented as part of the defense. Cottrell admitted being present during the incidents but denied throwing Molotov cocktails, testifying that Johnson had planned and carried out the arsons and that he had not initially understood that arson was being contemplated. ==Appeal==