Stephen Heller Agrees to Plead Guilty, Pay $10,000, Apologize and Receive Three Years Probation After Being Charged with 'Burglary' for Sharing Diebold Lawfirm's Privileged Documents with Newspaper, Election Integrity Activists
Tells BRAD BLOG He Has 'No Assets Left, Other Than House' and Deal is Meant to Protect Him and His Wife as 'Best Deal I Could Get Based on the Circumstances'
By Brad Friedman on 11/20/2006, 8:53pm PT  

Stephen Heller, the Los Angeles whistleblower who turned over documents from Diebold's attorney, Jones Day, in 2004 showing the Voting Machine Company had illegally installed uncertified hardware and software in California --- and was preparing to lie about it --- has pled guilty, according to a statement tonight from the LA County District Attorney's office.

In an email moments ago from Heller, he tells us that he and his wife "are very happy it is over."

Heller, whose story we detailed in an article [PDF] published by Hustler some months ago, was a temporary worker at the voting machine company law firm when he stumbled across the troubling documents.

At the time, we quoted Michael Kohn, general counsel for the National Whistleblower Center, as saying, "This is a very rare instance. In fact, the only one of which I’m aware, in which a whistleblower has been charged with a felony. I find it outrageous."

Outrageous indeed --- especially considering Diebold voting systems were decertified by the state when it was found the company was attempting to game the certification process, shortly after Heller shared the documents with the Oakland Tribune and election watchdog

But Heller doesn't have the same kind of money for high-priced attorneys that Diebold does (that would be your money that Diebold uses for this sort of thing, by the way); we're not suprised he opted for the deal.

In an email message from Heller sent to The BRAD BLOG tonight, he wrote:

"My wife and I are very happy it is over. The deal will protect me and my wife and our assets (we have no assets left, other than our house, but whatever we are able to accumulate in the future cannot be taken away from us in civil court). My attorneys and I think this is the best deal I could get based on the circumstances."

The LA County DA's statement says Heller pled to "unlawfully accessing the company computer in connection with its legal representation of Diebold Inc." and they quote his formal "apology" as follows:

"Today, I pled guilty to unlawfully taking Jones Day's privileged documents without its permission while I worked there. There was no excuse for my conduct. I very much regret taking the documents. I also regret any disparaging statements suggesting that Jones Day committed any wrongful acts. Upon reflection, I now believe and understand that such statements were unjustified. I apologize to Jones Day and its client."

A notice added tonight to the Stephen Heller Defense Fund website says "The case has been resolved! More details will follow soon." It goes on to thank supporters, urging them to "check back soon because Stephen is going to post the entire story here soon."

Heller tells us he's being contacted by the media tonight and plans to send a more detailed statement to The BRAD BLOG by morning.

UPDATE: 11/21/06 5:00pm PT: As promised, a new story, including a fresh exclusive statement from Heller --- concerning his thoughts on Diebold, American Elections and that he may have his sentenced reduced in a year --- is now posted here.