Defender of democracy pleads not guily in voting device case.

source LA Times

In what is now being looked at a slap in the face of all "whistle blowers" who speak out against any serious crime or case of corruption, Stephen Heller was charged in Los Angeles Superior Court with 3 felonys.

A word processor accused of stealing damaging documents about electronic voting machine manufacturer Diebold Election Systems was arraigned Tuesday on three felony counts.

Stephen Heller was charged in Los Angeles Superior Court with felony access to computer data, commercial burglary and receiving stolen property. He pleaded not guilty.

This true "patriot" heard of serious problems in the Diebold voting systems and that Diebold lawyers were looking for gaping holes to exploit in California election law.

The documents included legal memos from one Jones Day attorney to another regarding allegations by activists that Diebold had used uncertified voting systems in Alameda County elections beginning in 2002.

In the memos, a Jones Day attorney opined that using uncertified voting systems violated California election law and that if Diebold had employed an uncertified system, Alameda County could sue the company for breaching its $12.7-million contract.

The documents also revealed that Diebold's attorneys were exploring whether the California secretary of state had the authority to investigate the company for alleged election law violations.

The Oakland Tribune published the legal memos on its website in April 2004. By then, the issue of whether Diebold used uncertified systems was already receiving widespread attention, because many of its systems failed during the March 2004 primary. As a result, poll workers had to turn away some early voters in San Diego County, and Alameda County voters had to use paper ballots.

A subsequent report by the secretary of state's office found that Diebold had marketed and sold its systems before gaining federal qualification and had installed uncertified software on election machines in 17 counties.

The end result may be people unwilling to step forward knowing that the system is unwilling and cannot protect them about the frauds or crimes of which they have first-hand knowledge.

"It's very rare that it's successful," he said. "It's a tactic where the primary goal may be to scare other would-be whistle-blowers rather than a realistic attempt to obtain a conviction."

Heller's preliminary hearing date will be set at a trial conference April 24.

If convicted on all three counts, he could face up to three years and eight months in state prison, Gibbons said.

Even those whistle blowers who carry the torch of responsibility and fairness get the shaft every once and while from a very frigid and failing system.