TRENTON
– Attorney General Anne Milgram announced
that Atlantic City Councilman Marty Small
and 13 individuals who worked on his unsuccessful
2009 mayoral campaign were indicted today
on charges they conspired to commit election
fraud during the June Democratic primary through
a variety of schemes involving messenger absentee
ballots.
According
to Director Deborah L. Gramiccioni, the Division
of Criminal Justice obtained a 10-count state
grand jury indictment charging Councilman
Small, who is also director of after-school
activities for the Atlantic City School Board,
and 13 campaign workers and operatives. Each
defendant is charged with conspiracy (2nd
degree), four counts of election fraud (2nd
degree), absentee ballot fraud (3rd degree),
tampering with public records (3rd degree),
falsifying records (4th degree) and forgery
(4th degree). Four defendants are also charged
with hindering apprehension or prosecution
(3rd degree).
The
second-degree charges of conspiracy and election
fraud carry a maximum sentence of 10 years
in state prison. The charges stem from an
ongoing investigation led by the Division
of Criminal Justice Corruption Bureau and
the State Police Official Corruption Bureau
South Unit.
“Councilman Small and his co-defendants
are charged with seeking to corrupt the election
process,” said Attorney General Milgram.
“We charge that they disenfranchised
voters by destroying messenger ballots that
were voted for Small’s opponents and
submitting ballots as votes for Small from
people who never received them. This conduct
is a violation of the fundamental right to
vote and the right of the electorate to have
their vote counted.”
The indictment alleges that Small and the
other defendants conspired to commit election
fraud through the following schemes, among
others:
-
They allegedly solicited applications for
messenger absentee ballots from individuals
not qualified to receive them and had the
voters not fill in the name of the messenger,
so they could fraudulently designate themselves
as the authorized messengers or bearers.
-
They allegedly obtained messenger ballots
from the county clerk and submitted them
to the board of elections as votes on behalf
of voters who, in fact, never received or
voted the ballots or, in some cases, were
given only the security envelope for the
ballot and were told to sign it. Those voters
were not given the opportunity to vote in
most instances.
-
They allegedly picked up sealed absentee
ballots from voters, unsealed them and,
if they were votes for mayoral candidates
other than Small, destroyed them, thereby
disenfranchising those voters. If they were
votes for Small, they allegedly resealed
them and submitted them as votes.
-
They allegedly illegally instructed voters
to fill in messenger ballots as votes for
Small.
-
They allegedly submitted voter registration
applications and messenger ballot applications
on behalf of individuals who were not residents
of Atlantic City, falsely representing they
were.
-
They allegedly forged the signatures of
voters on messenger ballots.
-
They allegedly fraudulently delivered messenger
ballot applications and messenger ballots
to voters simultaneously and instructed
the voters to fill out both during the same
visit.
Small
and the indicted members of his campaign staff
allegedly sought to maximize the number of
absentee ballots messengered by the campaign
by enlisting operatives and campaign workers
to engage in fraud and by paying campaign
workers based on how many messenger ballots
they collected. The workers allegedly were
told to direct voters to vote for the Small
ticket, or simply have the voters sign the
ballots so the workers could fill them out
as votes for the Small ticket.
The
campaign allegedly held an “autograph
party” at which messengers selected
by Small or by other defendants would fill
in their own names as designated messengers
on absentee ballot applications where that
information had been left blank by the voters.
“Our
investigation into alleged fraud in the June
2009 Democratic primary in Atlantic City is
ongoing,” said Director Gramiccioni.
“The State Police and the Division of
Criminal Justice are pursuing all leads, and
I urge any voter with information to contact
our confidential tip line, 1-866-TIPS-4CJ.
The assistance and cooperation of voters is
crucial in these investigations.”
The
indictment charges the following 14 defendants:
-
Marty Small, 35, of Atlantic
City;
-
Luquay Zahir, a.k.a.
Luqua McNair, 34, of Atlantic City;
-
David Callaway, 46, of
Pleasantville;
-
Floyd Tally, a.k.a. Floyd
Harrell, 39, of Atlantic City;
-
Mark Crumble, a.k.a.
Johnny Crumbles, 48, of Atlantic City;
-
Tracy PiJuan, 37, of
Atlantic City;
-
Michele Griffin, 30,
of Atlantic City;
-
Toni Dixon, 52, of Atlantic
City;
-
Demaris Jones, 27, of
Atlantic City;
-
Ramona Stephens, 48,
of Atlantic City;
-
Ernest Storr, 43, of
Linwood;
-
Thomas Quirk, 57, of
Ventnor;
-
Dameka Cross, 34, of
Smithville; and
-
Ronald Harris, 23, of
Atlantic City.
Callaway,
Zahir, Tally, Griffin and Dixon were previously
charged by complaint in connection with the
alleged illegal campaign activities.
Small,
Pijuan, Storr and Quirk are the four defendants
named in the count of the indictment charging
third-degree hindering apprehension or prosecution.
They allegedly provided false information
to investigators.
The
case was presented to the state grand jury
by Deputy Attorney General Anthony Picione,
who is deputy chief of the Division of Criminal
Justice Corruption Bureau, and Deputy Attorney
General Robert Czepiel Jr.
The
investigation was led for the State Police
Official Corruption Bureau by Lt. John Redkoles,
Detective Sgt. 1st Class Karl E. Ulbrich,
Detective Sgt. David A. Smith, Detective Sgt.
John Pizzuro, Detective Scott Orman, Detective
Anthony Carugno, Detective James Sansone,
Detective David Caracciolo and Detective John
Scalabrini. Deputy Attorney General Peter
Lee assisted for the Division of Criminal
Justice Corruption Bureau.
Assistance
was provided in the investigation by the State
Police Official Corruption Bureau North Unit,
State Police Intelligence Management Bureau,
State Police Casino Gaming Bureau, State Police
Organized Crime Control Bureau, and the Atlantic
County Sheriff’s Department.
Second-degree crimes carry a maximum sentence
of 10 years in state prison and a $150,000
fine, while third-degree crimes carry a maximum
sentence of five years in prison and a $15,000
fine. Fourth-degree crimes carry a maximum
sentence of 18 months in prison and a $10,000
fine.
The
indictment is merely an accusation and the
defendants are presumed innocent until proven
guilty.
The
indictment was handed up to Superior Court
Judge Maria Marinari Sypek in Mercer County,
who assigned the case to Atlantic County,
where the defendants will be ordered to appear
in court at a later date to answer the charges.
A
copy of the indictment is linked to this release
at www.njpublicsafety.com.
Attorney
General Milgram and Director Gramiccioni noted
that the Division of Criminal Justice Corruption
Bureau has established a toll-free Corruption
Tipline 1-866-TIPS-4CJ. Additionally, the
public can log on to the Division of Criminal
Justice Web page at www.njdcj.org to report
suspected wrongdoing. All information received
will remain confidential.
#
# # |