CLEVELAND, Ohio -  An Ohio man accused of illegally hacking thousands of computers, including those belonging to a U.S. government agency, is in the Mahoning County Jail as he waits for the U.S. Supreme Court to decide if the justices will consider his case.

Phillip Durachinsky, 36, of North Royalton, who has been in custody since his 2017 arrest, has filed a petition asking the high court to decide whether a defendant has a right to a separate attorney to argue they are mentally fit to stand trial when their main attorney believes they are not.

Durachinsky's petition for review was filed in late June. The U.S. government has waived its right to respond, and the case has been scheduled for a conference of Supreme Court justices on Sept. 29, 2025.

Durachinsky, 28, was indicted on Jan. 10, 2018, on charges related to computer fraud, illegal wiretapping, identity theft, and producing child pornography. Authorities claim Durachinsky used malware he created, called "Fruitfly," to access computers owned by individuals, companies, schools, a police department, and even a subsidiary of the U.S. Department of Energy.

According to the indictment, Durachinsky allegedly ran the scheme from 2003 through January 2017. He is accused of using the "Fruitfly" malware to secretly control infected computers.

The malware allegedly allowed him to access and steal personal data such as tax records, medical records, banking information, and private communications, log a user's keystrokes, as well as turn on a computer's camera and microphone to secretly record images and audio.

A press release from the U.S. Attorney’s office stated, "For more than 13 years, Phillip Durachinsky allegedly infected the computers of thousands of Americans with malware and stole their most personal data and communications."

The case centers on a fundamental disagreement between Durachinsky and his defense team. In 2023, his attorney requested a mental competency hearing after a private psychologist concluded Durachinsky was unable to help with his defense due to an autism spectrum disorder. The government's own evaluation from the Bureau of Prisons agreed with this finding.

At a hearing on Nov. 29, 2023, Durachinsky's attorney and the government both argued that he was not competent to stand trial. However, Durachinsky insisted to the judge that he was mentally capable and argued that he was not being properly represented. He asked for a new attorney to specifically argue his side of the issue. The court ultimately found him incompetent and ordered him to undergo treatment.

Durachinsky appealed the decision to the U.S. Court of Appeals for the Sixth Circuit, which includes Ohio. In its April 2, 2025, decision, the appeals court ruled that Durachinsky’s lawyer made a "strategic decision" to agree with the expert reports and that the defendant's disagreement was not a valid reason for getting a new attorney.

Durachinsky's appeal to the Supreme Court claims that the Sixth Circuit's decision violates his Sixth Amendment right to a lawyer. His legal team argues that a lawyer cannot be an "effective advocate" for a client when they are arguing against the client's wishes.

They point to decisions by federal appeals courts in the Ninth and Tenth Circuits, which have allowed defendants to have "special counsel" to argue for their competence in similar situations. The petition argues that the conflict between these courts should be resolved by the Supreme Court.

Mahoning County has a contract to hold inmates charged with federal crimes.  There’s no word on how long Durachinsky will remain in custody here.