Stephen Heller has pleased not guilty to the charge and his brief will say that anyone who saw those documents could have reasonably believed that thousands of voters were going to be potentially disenfranchised in upcoming elections.
Heller was a contractor working as a processor at the legal firm of Jones Day, the Oakland Tribune claimed. He was given a memo to type from Jones Day attorney to another regarding allegations by activists that Diebold had used uncertified voting systems in Alameda County elections beginning in 2002.
The memo said that using uncertified voting systems violated California election law and that if Diebold had employed an uncertified system, Alameda County could sue.
A subsequent report by the office of the Secretary of State 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 Oakland Tribune published the legal memos on its website in April 2004 and police decided Heller was the source. By a strange quirk in California law, a whistle blower is protected from action from his employer, but can still have the book thrown at him by the officers of the law.
If convicted on all three charges Heller could face three years and eight months in state prison. More at the LA Times, here. µ
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