Whistleblower Hero is Threatened with Prison for Exposing Diebold

[Piedras]

http://www.huffingtonpost.com/lyn-lear/whistleblower-hero-is-thr_b_16409.html

Okay, let me get this straight. Stephen Heller, an actor in Los Angeles, was supplementing his income as a temp at a big law firm, Jones Day, two years ago and discovered one of the firm's clients, Diebold, was potentially going to disenfranchise thousands of voters in the next election (what else is new?).

So like the good citizen we would all hope to be, Heller provided the Attorney General and Secretary of State with documents that led to the decertification of Diebold touch-screens in California.

In the materials Heller leaked, Jones Day advised Diebold that the company could be subject to criminal prosecution for using uncertified, customized software in the Diebold voting system. Diebold refused to change the software and Jones Day assisted in the cover up. Once this was discovered, via Heller, Secretary of state, Kevin Shelley recommended that Diebold be decertified and prosecuted for fraud. Even though Diebold was decertified they were never prosecuted. Instead it is the patriot, Stephen Heller, who has been charged with three felonies and is being aggressively punished for his courage. Of course, embarrassed as hell, Jones Day, and the big bully, Diebold, waited two years after the election to bring their wrath down on upon this one lone decent man.

One question to ask is whether it is a crime to attempt to stop a crime? In this case, Stephen Heller deserves a medal of gratitude instead of jail. We can not keep letting these bullies diminish our democracy. Read this post by Peter Soby Jr. for more in-depth details and how we can help Stephen Heller.

http://www.huffingtonpost.com/peter-soby-jr/whistleblower-charged-wit_b_16411.html edited to add link to post by Peter Soby Jr. referenced above.

[neoblues]

1. In the Repug World---No Good Deed Goes Unpunished! n/t.

[Che_Nuevara]

2. What exactly is he being charged with? (n/t)

[magellan]

3. Three counts of felony: access to computer data, commercial burglary and

...receiving stolen property, according to the LA Times article. (Man Pleads Not Guilty in Voting Device Case)

Abso-friggin unbelievable.

[lonestarnot]

50. WTF?! This is absurd!

[fearnobush]

4. There charging him with stealing Diebold documents to scare us away .

Like that will work, lets make this one create an other 100 Stephen Heller's!
<http://www.latimes.com/news/local/la-me-diebold22feb22,1,7096292.story?ctrack=1&cset=true>

"Sandi Gibbons, spokeswoman for the Los Angeles County district attorney's office, refused to call Heller a "whistle-blower."

"We call him a defendant," she said. "He's accused of breaking the law…. If we feel that the evidence shows beyond a reasonable doubt in our minds that a crime has been committed, it's our job as a criminal prosecutor to file a case."

Although state law protects whistle-blowers from retaliation by their employers, they can still be criminally prosecuted, said Tom Devine, legal director at the Washington, D.C.-based Government Accountability Project.

"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."

[free4now]

6. This Can backfire big time!

Why not use it to publicize even more what really happened? There will be testimony and lots of paper telling the entire story if they bring him to trail. Make sure its a circus ala OJ Simpson Trail.

Bring the media, protest bring the heat its the only way to stop this early, before we are all in jail for being patriots.

:woohoo: :popcorn: :patriot:

[Higans]

42. why do you think they are building the prison camps?

[free4now]

7. They even tell you what its about!

"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."

They don't even pretend anymore, just come right out and tell us what exactly they are doing! Scaring anyone from speaking.


:scared:

[tecelote]

16. A women in New Mexico was accused of "Sedition" for writing a LTTE.

And Bush and Rice are saying that Putin is stomping on civil rights in Russia?

They're taking lessons from him!

[Liberty Belle]

24. Do you have a link to that story?

[tecelote]

26. Nurse Accused Of 'Sedition' For Writing Critical Letter

The article I first read:
http://www.allheadlinenews.com/articles/7002446856

A more extensive article:
http://www.zmag.org/content/showarticle.cfm?SectionID=43&ItemID=9714

Scary Stuff!

[Liberty Belle]

30. In our town, the mayor is trying to sue a citizen who spoke out

La Mesa Mayor Art Madrid directed the city attorney to send a letter threatening legal action against a citizen who implied in a public meeting that the council was representing the interests of developers!

CityBeat ran a scathing editorial stating the citizens' rights were being violated and that La Mesa's Council managed to make even San Diego's beleaguered City Council look good by comparison:


Who's more embarassing?
http://www.sdcitybeat.com/article.php?id=4084

[tecelote]

35. These are small articles in small papers.

I imagine that this is happening all over the Land of the Free.

[Liberty Belle]

66. This story had a good ending.

After the press got wind of this and a normally conservative newspaper ran an editorial ridiculing the mayor's actions, Council members apologized to the citizen. One usually conservative woman on the council, who had leaked the mayor's letter to the press, gave an impassioned and sincere speech, tears in her eyes. "Our young men and women are dying in Iraq, teaching the Iraqi people about freedom, while our council has made a mockery of democracy," she said.

She got a standing ovation. It was an amazing moment.

[Trevelyan]

68. Speaking out like Cindy Sheehan is doing, gets results. We need to send

this to msm and remind them of the "journalists" who were tried at Nurenburg for helping to build the Third Reich.

[EVDebs]

44. Aren't "SLAPP-back" lawsuits possible ?

This kind of suppression of dissent is the embodiment of Fascism. Call it like it is, people.

SLAPP back
http://www.civilliberties.org/spring98slapp.html

and

"In the 1980s and 1990s, legal scholars began for the first time to focus on SLAPPs, often meritless lawsuits brought primarily to silence opponents through intimidation rather than to vindicate genuine legal rights. These lawsuits, often brought by corporate entities such as real estate developers against citizens opposing development, were not always easy to identify, but most scholars agreed that genuine SLAPPs caused significant harm to democracy, particularly to the First Amendment rights contained in the free speech and petition clauses.3 Although defendants ultimately won many of these suits, the cost of defending them and the possibility of huge damages often led to defendants' withdrawing from the public controversy that precipitated the lawsuit.4 The suits thus often achieved their objective - the defendant had been "SLAPPed.

Beginning in the late 1980s, a number of states began passing anti-SLAPP statutes, many of which enabled SLAPP defendants to obtain an early dismissal of a SLAPP suit. Some of the statutes also allowed the court to require the plaintiff to pay the defendant's attorney's fees. One (presumably) unintended consequence of these statutes was that at least some of them could be interpreted to allow media defendants to take advantage of their provisions. That is, although the paradigm SLAPP suit involved a citizen activist sued by a corporate foe, the statutory language of at least some anti-SLAPP laws was capacious enough to allow the press reporting on public controversies to employ the statute if it became a defendant as a result of the coverage. In at least one state, California, the anti-SLAPP statute has become an important weapon in the media's arsenal against defamation and related causes of action. ""

http://www.findarticles.com/p/articles/mi_qa3677/is_200204/ai_n9036374

[lonestarnot]

51. Judges may slap them down for filing frivilous law suits, but they've,

been criminally charged? Don't get it!

[fearnobush]

58. It is fascism and it's spreading like the BFEE's so called Freedom.

It's almost to the point of the early days leading up to the revolutionary war when people had to step aside and talk in private about how screwed over they were by the Brits. Any Tory's in ear shot would scold them and have them arrested. Now, people are getting arrested for exposing the truth, when do the ordinary me and you's start getting arrested? Unlike 1776, we have no Tom Paine for the masses to listen to. The few how do speak are drown out by massive 24hr a day fascist media. The BFEE fascist machine has learned well from the success and more importantly, the failures of the Third Reich. It would appear it is only a matter of time for the powder keg of revolution to explode. I only pray it is a paper keg and no rifle shots get heard around the world, only the popping sounds of champaign bottles and fire crackers celebrating the conviction and sentencing of the BFEE aired live 24/7 all networks. But that looks more and more like a dream, but hey, MLK had a dream once too.

[Kierkegaard]

39. Taking lessons hell. They're writing a whole new play book!

It seems like the best traits of democracy are being aggressively persecuted while greed, larceny and murder are being elevated to 'business as usual' status. This is beyond the pale and we have to put a stop to it!!!

[saberjet22]

63. LTTE

Please tell me what LTTE stands for. TYIA.(thanking you in advance.)

[Trevelyan]

69. I think LTTE is Letter though I usually still abreviate it Ltr

There are so many new words, someone explained that hink is think without the t and more and more people are using puter instead of computer like blog is short for weblog. I guess since, when you cut and paste sometimes the first and second letter somehow go missing is part of it. Also there is so little time people have started using meds instead of medication, etc. There are still some words I haven't figured out,Daily Kos has a section on new, internet words but I forgot how to access it.

[cascadiance]

21. I think some DA's should be impeached for pursuing the wrong case!

They should be made to pay later for not serving the people and just serving Diebold instead...

[EFerrari]

23. I'm shaking in my boots. Aren't DAs elected, too?

:hi:

[Mist]

25. I called the LA DA's office-spokesman said that Heller is being

charged with violating attorney-client privilege. The person I spoke with seemed regretful that Heller was being prosecuted, but said the law had been broken and they couldn't ignore it. Sounds like Heller is having a bunch of charges thrown at him, and the law firm hopes one will stick. Heller probably could use some donations to his legal defense fund-does he have one?

[drm604]

5. K&R

Someone needs to start a defense fund for Stephen Heller.

[livvy]

8. K & R Everyone should drop the DA's office a short, but polite note.

As recommended, keep it polite, but to the point. This guy should not be prosecuted. Pass the idea along to others. There is strength in numbers!

[izzie]

9. one does not cross big business

--

[no_hypocrisy]

10. Kinda like prosecuting Erin Brockovich for revealing contamination of

the public water supply.

[RaleighNCDUer]

19. IIRC, they did try to get her for trespassing, when she & others

were collecting water samples.

Didn't work out so well for them.

[The Backlash Cometh]

11. Is there a place where we can go to donate $ for his defense?

[melody]

12. Utterly unbelievable -- well, would have been once. K&R'd

[AndyA]

13. Outrageous!

This man reveals a crime against the people of the State of California and the United States of America, and HE is the one prosecuted? If you live in California, you should be screaming bloody murder to your representatives!

This is crazy - I would have never thought it was possible at one time, but with the constitution just a g*ddamned piece of paper in this administration's eyes, what can you expect?

[Dr.Phool]

14. It's probably more about Jones Day than Diebold.

They are a huge, Nationwide, well-connected law firm along the lines of Baker Botts.

[ChairmanAgnostic]

15. They have ethical requirements to follow in each state

A good defense would be turning the tables on Jones Day, and claiming that they made a decision to conspire in the cover-up and promote illegal activities. THeir proper choice would have been to withdraw.

There is clear law on this in many states, especially those that follow the ABA model rules. Jones Day is guilty as well, and might be subject to huge fines. If this temp had a good attorney, they'd react in that fashion.

[electropop]

18. Jones Day is now in a position similar to Arthur Anderson

was in the Enron scandal. They should be (no doubt are) scared witless, as this could end their company. They are flailing desperately. We need to make sure there are lots of protesters outside that courtroom, and hopefully some news trucks too.

[Higans]

45. Careful with those Conspiracy Theory's, you might be banished to 911 forum

[mopinko]

17. every day is opposite day

like janeane always says.

[UnwillingSkeptic05]

20. Sent off an email to the LA DA's office.

Email the Los Angeles District Attorney's office at [e-mail].
For anyone else who wants to, saves ya the trouble of rooting in the article for the email.
Cheers.

It's nice to see the real criminal facing the crushing might of "Amurikan" justice! :sarcasm:

[sasquatch]

22. Is the LA DA fucking retarded?

What the hell is wrong with these people?

[EFerrari]

31. I hope he is incapacitated because the alternative that he's a crook. n/t

[Liberty Belle]

27. Action alert to forward to your friends

Subject: Action alert to save a Diebold whistleblower


Friends -- Please write to the L.A. District attorney at [e-mail] and urge that he drop charges against a Diebold whistleblower, Stephen Heller. See details at the link below. Note: Mr. Heller is not the same Diebold whistleblower that I've interviewed, but clearly this is an intimidating tactic aimed at silencing future potential whistleblowers.

Also please write to the L.A. Times editor at [e-mail]. Urge the editor to publish the truth about Diebold's allegedly illegal actions uncovered by Heller as well as the outrageous way in which the L.A.. District attorney is protecting corporate secrets and potential election theft while persecuting a courageous individual who stood up for democracy.

Thanks.

M.G. Raftery
Chair, Media Watch Committee
San Diego For Democracy

[Trevelyan]

70. Thank you for the email addresses. Just sent ltte to the LA DA and

LA Times.

Heller should NOT be prosecuted for letting the American people and the "Justice" Dept. know about the theft of our votes. Like many people, I followed The Green Party recount and attempt to get an honest audit of the election fraud in 2004. I also followed Rep. Conyers' Hearings and his report "What Went Wrong in Ohio" should be required reading for all responsible newspersons.

Please report on this miscarriage of justice. Diebold and Jones blackbox voting should be prosecuted for stealing our democracy. The American people need to know about this outrage and Heller is a hero and should not be used to blatantly attempt to intimidate potential whistleblowers as the govt. has so audaciously reported on their criminality.

This is as important to our democracy and welfare as the contaminated water that Erin Brockovich discovered and let the American people know about this big business crime being perpetrated against them and their families.

[Liberty Belle]

28. kick!

:kick:

[Ino]

29. an insult and an outrage!

I'm sending off a snail-mail today.

[NoAmericanTaliban]

32. Justice is turned on its head. Day & Diebold are the ones

that should be prosecuted.

[loudsue]

33. I hope this turns into a HUGE scandal, so that Americans can FINALLY

start to see how much corruption there is in our election systems. Mr. Heller is a champion of Democracy....the Paul Revere of our day....and we need to support him with donations and protests and letters to the DA's office.

The National Whistleblowers association that was started by Sibel Edmonds & her friends need to stand up for this guy, as well as the ACLU. Let's write letters to them, as well, but it needs to be BOTH: us supporting Heller, and helping to get larger organizations behind him as well.

What a SHAMEFUL mark on our system of justice that this guy is getting prosecuted.

:kick::kick::kick::kick::kick::kick:

[Vinca]

34. Astonishing - you couldn't make this stuff up if you tried. nt

[mzmolly]

36. The people of LA need to picket the DA's office every day until

this matter is tossed out.

[MellowOne]

37. Democrats should make a big deal out of this

And draw attention to the Diebold's fraud, before the next election. These machines need to be outlawed. The more people who know, the better the chances of getting rid of them.

[WhiteTara]

38. You need this information Case Number

BA298120 arraignment date 4/24/06. No DA has been appointed as yet, the High Tech Crime division number is 213 580 3272. I left a message. Keep up the good work. Defending our Patriots! :patriot:

[eppur_se_muova]

40. It should never be a crime to report a crime. nt

[BattyDem]

41. That is EXACTLY what the Dems should be saying over and over!

Repeat those words endlessly until it sinks in with the sheeple.

[scab_picker]

43. Just got through writing my letter to the LA DA

This is similar to the Bushies going after the persons who leaked NSA surveillance scandal and a whole lot like Nixon's enemy list BS. Anyway, thanks for the info and I was glad to help Heller the super-patriot. Speaking of Heller, isn't it a coincidence that Joe Heller wrote "Catch 22" which is exactly the situation our man Heller finds himself in now!

[babsbunny]

46. I sent this to Keith Olbermann

How about if everyone sends it to him?

[banana republican]

47. So The Law firm Was helping Diebold break the law???

Someone in CA report them to the bar Association. Sounds like a violation of a number of laws including Serbaines Oxley which requires a law firm to make a "noisey" withdrawl from those types of clients.

[Trevelyan]

71. Kick - This needs to be known by as many people as possible.

Have added Heller to my ever-growing Whistleblower file.

:kick:

[Senator]

48. Pictures of Our Hero (?)

Anyone able to confirm if this is the Steve Heller who has just become a National Hero?

(sorry, can't hot link)

--

[file83]

53. Isn't this how it all begins? A person here. A person there.

We've read dozens and dozens of stories like this. People trying to expose the government with DIRECT evidence of their crimes - only to have the whistleblower be persecuted? Systematically sending out warnings to all others who have that inner voice telling them to do the right thing - conditioning them to be afraid of listening to it.

"Keep your head down," is the heed of that warning.
"Don't ruin your career," they advise you.

Slowly, surely, dissent begins to arode. Less patriots come forward. Our shouts become whispers. Our whispers become silence. Our President becomes a Dicator.

Isn't this how it all begins?

Then, it has begun.

[Senator]

57. It's how it "once was" ... but

Other things have changed that just might short-circuit this "part of the process."

As part of the DC/Euhemedia Analstocracy's "dumbing down" of the public, they've trained people to be obsessed with celebrity and "personal stories" (Shiavo, Holloway, Runaway Bride, etc...). But in so doing they've also increased the dormant power of individuals to fascinate the public (Howard Dean, Cindy Sheehan).

This could well be the mechanism by which the information age renders fascism unsustainable.

We could find out at any time, since there's no way to know when the "tipping point" of inevitable impeachment is reached.

It may have happened already.

--
www.january6th.org

[Senator]

49. Everybody Try to Help >>>

Reposting from Lear blog:

Mr. Soby & Ms. Lear

Something you might be able to do to help.

Visibility for Heller is crucial. We can all bombard his persecutors individually but often this is not enough.

It would make a big splash if "someone" were to (loudly) offer Mr. Heller a multi-million dollar contract for the rights to his story.

You may know some people who could get such an offer onto the cover of Variety and elsewhere.

--

EVERYBODY

Try to think of a way to help raise the visibility of this National Hero.

Mr. Soby has given us good info to do the usual general public outrage assault, and we must do that immediately.

But see my post above to Soby/Lear. If you know someone who could "make a deal happen" for Mr. Heller, try to get them to do it. (At this point it's all PR anyway.)

If you have any dealings with Jones Day, dump them -- loudly saying why. If you know anyone who has dealings, beg them to dump them.

Law firms run on reputation. Theirs needs to be MUD - ASAP. We can make this "too expensive."

Be creative. Think outside the box.

Like when you call the DA. Ask them if they realize that in the court of public opinion they are guilty of accessory-after-fact to election theft. That if the winds change we may decide to find them personally liable for wrongful prosecution.

FWIW, "being polite" simply doesn't work with thugs. They literally equate level of anger with level of importance (don't ask - it's just true).

---
www.january6th.org

[Usrename]

55. Thinking outside the box for a moment..

There shouldn't be any dissent among democrats on this issue. No dissent is possible. Therefore, this could be an issue that unifies the party. If the party wants us to take it seriously, they should be pressured into putting this story on the front pages. If they refuse, they are not on our side and must be opposed.

Just a thought. Unity is strength. That is why I predict there will not be any unity around this issue from the party leaders. They don't want to dominate the political landscape. They would rather secretly support the agenda of fascism.

Everyone here already knows this on some level. That is why there are no posts from people trying to appeal to the party leadership. They know that won't work. To contrast, just think of the national hue and cry that would be stirred up by the right-wing if one of their heroes was being hurled under the bus. There would be special sessions of Congress to re-write the Constitution.

[Usrename]

56. continuing outside the box..

If I were Heller, I would go to the State Atty. and require them to take a complaint against the officials that recieved the info from me. Clearly they received stolen property. I'd definitely try to make a citizen's arrest. That's just the way I am.

[lonestarnot]

52. Strongarm bullshit isn't going to work.

[FreedRadical]

54. Stating the obvious

This shit is getting more and more like Red China, USSR, late 30's Germany. Note to government, You can't win the hearts of the people by persecuting their children.:sarcasm: :grr:

[Higans]

59. Lie Bold

[DemInDistress]

60. The only way this hero gets convicted in LA for this act of

Patriotism is if this DA can find 12 HARD CORE REPUBLICANS..People rejected the guilty verdict for OJ,even though he was guilty, I can't see Califonians finding this guy guilty at least I'd reject the plea by the DA to find hom gulty regardless of any and all evidence.Traitors like Tenet,Franks and someone else allow the MURDERS of American citizens and receive the Medal Of Freedom while whistleblowers like Mr.Heller get prosecuted, go figure...NAZI GERMERICA HELLO..

[Paradise]

61. Sent an email. n/t

[texpatriot2004]

62. A million thanks Mr. Heller nm

[saberjet22]

64. whistleblower

Prosecuting Stephen Heller for blowing the whistle on Diebold is like the Colonial constabulary arresting and prosecuting Paul Revere for disturbing the peace.
Please get your heads on straight and throw this out of court. And go after Diebold, while you're at it!

[GetTheRightVote]

65. This injustice must be stopped and democracy defended.

I will call and write as well.

:kick:

[henslee]

67. Steve Heller played the tire salesman in About Schmidt who sold Nicholson

his tires.

[Paradise]

72. kick. n/t