MADISON, Wis. -- An appeals court said that a Wisconsin man accused of driving his boss to suicide can be charged with identity theft for sending e-mails under his name.

Christopher Baron was accused of hacking into the work e-mail of Mark Fisher, who was director of Jefferson's Emergency Medical Service program.

Baron forwarded to about 10 people e-mails that Fisher wrote to a female employee, suggesting the two were having an affair. Fisher committed suicide the next day.

Baron was charged with six criminal counts, including identity theft.

A judge threw out that charge, saying that it was unconstitutional because Baron had a right to defame a public official with true information.

The District 4 Court of Appeals reinstated the charge on Thursday.