Thursday, July 10, the Boeing Company had charges of computer trespass against former employee and Boeing Whistleblower, Gerald Eastman reduced and agreed that the charges will be dismissed entirely if Mr. Eastman agrees to tell Boeing about what data he took from the company’s computers. The Boeing Company has had Eastman’s computers for over a year, now, and surely has taken apart every document, including Eastman’s private information by now. Eastman is to be held to an agreement to follow a certain set of requirements by the Boeing Company with the threat of prison, as decided by a judge without a trial or jury, if Boeing deems Eastman has in any way violated the agreement until late January of 2009. -GFS
Thursday, July 10, 2008 the King County Prosecutor’s Office announced it would not retry Boeing Whistleblower, Gerald Eastman. They further said that Eastman has agreed to help Boeing recovers information that he leaked to the media and that if he does not “live up to the agreement” a judge can find him guilty of 10 misdemeanor counts of computer trespass, and he could face years in prison.
Eastman’s attorney stated that Eastman’s jury at the first trial which resulted in a mistrial, “was faced with a ‘vague statute’ that does not specifically say it is a crime for an employee to access information that an employer doesn’t want him to have. Given the facts of the case, she said, the jury’s failure to reach a verdict was not surprising and showed that the panel had paid close attention during the trial.”
The jury had asked numerous questions of the judge regarding consideration of Eastman’s whistleblower status and whistleblower laws, and was frustrated by the judge’s and King County Prosecutor’s office successful attempt to prevent any consideration of those facts in the trial proceedings. The trial resulted in a hung jury as some of the jurors refused to be pushed to a conviction considering the facts and King County’s management of the case. A mistrial was declared and the jurors told the judge and King County that the case should not be retried. -GFS
See the Seattle Times original article “Ex-Boeing worker will not face new trial for leaking files” at:
Friday, July 11, Boeing Whistleblower, Gerald Eastman, agreed to a settlement with his former employer, the Boeing Company, regarding the company’s prosecution of him regarding “leaked company documents.” Eastman has agreed he will try to get leaked company documents back from the Seattle Times, PI and any other place they were released. In return, Eastman will not face retrial, and after six months, if Boeing feels he has cooperated and not violated the terms of the agreement, the case against Eastman will be dismissed. If Boeing complains that he has violated the agreement, a judge may then find him guilty of at least 10 misdemeanor counts, each with a penalty of up to a year in jail. –GFS
See the Seattle Times original article “Whistle-blower settles case” at: