What point? That we should not call convicted extortionist a hacker? I sure agree with you, but we (outsiders) should not call unconvictected (regardless of their previous history) people a hacker or extorsionist either.
In the US, defamation requires either knowledge of falsehood or reckless disregard for the truth. It's not reckless disregard for the truth to say someone who's been arrested for a crime did that crime, even if it may be premature.
