February 22, 2006

Man Pleads Not Guilty in Voting Device Case

"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.

Posted by Randy Riddle at February 22, 2006 12:30 PM