"I just used her password, got through her e-mails, and immediately saw that that was actually happening," said Leon Walker.
But did he go too far?
"I haven't been able to find another case where somebody's reading another person's e-mail without their permission has led to a felony charge," said Leon Weiss, Leon Walker's attorney.
Prosecutors charged him under a state law to prevent identity fraud, and two Michigan judges have refused to throw out the felony charges.
Clara Walker said she never gave him her Gmail password. Leon Walker says she kept all her passwords in a book next to the computer.
"She told me her password before, and she kept them with the computer. It was very visible," he said.
In a written statement, Clara walker said, "Please be warned that Mr. Walker is a self-described actor who lost primary custody of his child for good reasons brought out during four days of testimony in the divorce proceeding. He has nothing to lose by publicizing and spinning his predicament."
Leon Walker faces up to five years in prison if convicted in a case that could set a precedent for privacy in the e-mail of husbands and wives.
Leon and Clara Walker finalized their divorce this month.
