Out of My Mind

Man Pleads Not Guilty in Voting Device Case
By Hemmy So
Times Staff Writer

February 22, 2006

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.

"It's a devastating allegation for a whistle-blower," said Blair Berk, Heller's attorney. "Certainly, someone who saw those documents could have reasonably believed that thousands of voters were going to be potentially disenfranchised in upcoming elections."

The charges arise from Heller's alleged disclosure two years ago of legal papers from the Los Angeles office of international law firm Jones Day, which represented Diebold at the time. Heller was under contract as a word processor at Jones Day.

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.

# posted by The Seditionist @ 2/28/2006 04:14:00 AM