The case is especially interesting because Stephenson was a central figure in the failed Federal Bureau of Investigation (FBI) sting operation, code named "Operation Lightning Strike." According to Stephenson's attorney, Edward A. Slavin, Jr., Stephenson was "an informant to the NASA IG and the FBI, and, in fact, was paid a small sum as an informant,"for her role in Operation Lightning Strike. Another key figure from Operation Lightning Strike, David Proctor, is scheduled as a witness in the trial.
At the same time that press coverage of the FBI's Operation Lightning Strike began, in December 1993, Stephenson expressed concerns about the use of ethylene oxide to sterilize equipment for shuttle flights. In particular, a series of experiments with peripheral venous pressure devices (PVPD) was being conducted by JSC's Space and Life Sciences Directorate. At the time, Stephenson worked for a contractor, Martin Marietta. She expressed great concern for the safety of astronauts in the presence of ethylene oxide in the confined environment of the shuttle.
Ethylene oxide is a colorless gas, which is known to be an eye, skin, and respiratory irritant in low concentrations, as well as presenting carcinogenic, mutagenic, reproductive and neurologic hazards to workers. The odor of ethylene oxide can be difficult to detect.
The pressurized portion of the space shuttle has an interior volume of approximately 63 cubic meters, so that any substance like ethylene oxide presents a potentially grave threat to the safety of shuttle crews. In confined environments as small as the shuttle, low concentrations of toxins have caused severe illness.
Stephenson brought her concerns about this chemical and about sterilization procedures related to the PVPD to the attention of the NASA IG. According to Huntoon in her May 7th deposition, she was notified in December 1993 about these concerns. She asked the head of the JSC medical division, Dr. Sam Pool, to "personally go look into it." Rather than investigating the risks to the astronauts from ethylene oxide and unsterilized PVPD units, Pool's investigation concentrated on "Ancestry of Quotes" and "Personnel Reliability," identifying the source of the complaint to the Inspector General as Stephenson.
Pool's investigation never contacted the Department of Labor Occupational Safety and Health Administration (OSHA) which has extensive experience with the safety hazards to workers from ethylene oxide. The Environmental Protection Agency (EPA) which administers the Environmental Whistle Blower provisions of the Clean Air Act was also not contacted by Pool's team. The environmental contamination of the pressurized areas of the space shuttle apparently comes under these provisions of the Clean Air Act, as stipulated by NASA counsel David A. Samuels.
Following Pool's investigation, Cathy Kramer, then head of the Space and Life Sciences Directorate, sent a memo to Huntoon indicating that she had banned Stephenson from access to Johnson Space Center, especially the Life Sciences Directorate building, and had also forbidden Stephenson from speaking to NASA personnel. Stephenson's supervisor at Martin Marietta confirmed these orders in a further memo directing Stephenson to turn in her NASA access badge. A copy of this second memo was provided to Kramer. Whether this banishment and gag order was in retaliation for Stephenson's role as a paid informant to Operation Lightning Strike, or her role in bringing environmental and safety concerns to the attention of the Inspector General should be made clear during the course of the trial.
It is interesting to note that Huntoon was a target of Operation Lightning Strike, according to sources named by Slavin in the course of his deposition of Huntoon. During the course of this deposition, Huntoon, who had been responsible for a $2 billion portion of NASA's budget at the time she was Director of JSC, and who admits to knowing Kramer on a first name basis, indicated a total of 83 times that she could not recall or recollect information asked of her by the attorneys. For a person in such a position of responsibility, who admits to having been briefed extensively on this matter, to deny any recollection 83 times in less than two and a half hours of testimony stretches credibility.
During the course of his fifty minute deposition, NASA Administrator Goldin indicated he had no recollection of events 6 times, and asserted that he had not been briefed on this case no fewer than 10 times. Although he admits he was called to answer questions on NASA's discriminatory actions against Stephenson, NASA policies on banishment and gag orders, and the effects of ethylene oxide on astronaut personnel while in flight, from his testimony in the deposition, it is clear that Goldin made a determined effort not to be briefed on any of these matters prior to appearing. He also seems to have made a determined effort to deny recollection of these matters during deposition.
This pattern of behavior by the NASA Administrator and by former JSC director Huntoon is typical of government bureaucrats in recent years. By these denials of recollection, avoidance of briefings, and other contortions, NASA appears to be attempting to cover up its actions against Stephenson. The judge in this case, Lee J. Romero, has indicated numerous concerns with NASA's unwillingness to allow discovery in this case. Due to this effort to keep documents and materials from the complainant, Romero has threatened a default judgement against NASA on more than one occasion.
One further thing came out in the deposition of Huntoon. According to Slavin, "It has ... been found...by the United States General Accounting Office that the NASA Inspector General at the time [1993-1994] Mr. Colvin had reported and identified in violation of the Inspector General Act persons engaging in protected activity and had reported [to] two targets of investigations that they were targets." Evidently, being a whistle blower at NASA means being subject to retaliation. Anonymous whistle blowers are apparently revealed as a matter of course to those they are accusing. Subjects of investigations are informed, as Huntoon evidently was with regard to Operation Lightning Strike, to watch out and perhaps begin shredding documents.
Rather than hide the facts, obfuscate, and seek to confuse, NASA Administrator Goldin should be responsible for the conduct of personnel at his agency. He should set an example for others to follow. He should support whistle blowers who attempt to bring real concerns to the attention of persons in authority. His behavior during his deposition indicates an unwillingness on his part to clean house.
Thus, we taxpayers do not get anywhere near as much space program as we pay for. NASA delenda est. NASA, as it exists today, must be destroyed.
