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Posts Tagged ‘Elsie Virginia Schildt & Linda Earlette Wells’

September 19, 2013: Elsie Virginia Schildt Agreed Statements of Facts

STATE OF MARYLAND                           *          IN THE CIRUCIT COURT

 

V.                                                                    *          FOR FREDERICK COUNTY

 

ELSIE VIRGINIA SCHILDT                    *          CASE NO: 10K13053690

*          *          *          *          *          *          *          *          *          *          *          *

STATEMENT OF FACTS

 

 

            It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor and Nicolle Norris, Senior Assistant State Prosecutor, and the Defendant, Elsie Virginia Schildt, and her attorney Richard P. Bricken, Esquire, that if this matter were called for trial, the State would have produced witness testimony, documentary evidence, including but not limited to the death certificate of Elsie Mae Schildt, the Oath of Absentee Voter for Elsie Mae and Elsie Virginia Schildt, the absentee ballot envelopes for Elsie Mae and Elsie Virginia Schildt and, the Voter registration application for Elsie Virginia Schildt. The aforementioned evidence would have established the following:

            Voting in the Maryland 2012 Presidential General Election concluded on November 6, 2012 at 8 p.m.

            Elsie Virginia Schildt is the adult daughter of Elsie Mae Schildt.

            Until her death in 2012, Elsie Mae Schildt was duly registered as a Maryland voter in Frederick County. The defendant, Elsie Virginia Schildt is also a resident of Frederick County, Maryland and was a duly registered voter in Frederick County, Maryland.

            On or about March 26, 2012, both Elsie Mae and Elsie Virginia Schildt requested absentee ballots for the Maryland 2012 Presidential General Election.

            On or about October 10, 2012, Elsie Virginia Schildt completed and signed her absentee voter ballot in her own name and cast her vote by causing the absentee ballot to be mailed and delivered to the Frederick County Board of Elections, Winchester Hall, 12 East Church Street, Frederick, Maryland. The Frederick County Board of Elections received Elsie Virginia Schildt’s absentee ballot on or about October 11, 2012 at 1:26 p.m. Elsie Virginia Schildt’s absentee ballot was counted in the Maryland 2012 Presidential General Election.

            Elsie Mae Schildt died on September 24, 2012.

            The Maryland State Board of Elections contracted out the mailing of the absentee ballots in the Maryland 2012 Presidential General Election to Runbeck an Arizona corporation. According to the business records of Runbeck, Elsie Mae Schildt’s absentee ballot was mailed from Florida to her address in Frederick, Maryland on October 3, 2012.

            On or about November 3, 2012, Elsie Virginia Schildt signed her mother’s name, Elsie Mae Schildt, to her mother’s absentee ballot under the “Oath of Absentee Voter.” Elsie Virginia Schildt dated the signature as November 3, 2012. The Oath of Absentee Voter that Elsie Virginia Schildt signed as Elsie Mae Schildt states as follows:

Under penalty of perjury, I hereby swear (or affirm) that I am qualified to vote in the election and that I have not voted and do not intend to vote elsewhere in this election.

 

            The absentee ballot in the name of Elsie Mae Schildt was postmarked November 5, 2012 and mailed to the Frederick County Board of Elections. The absentee ballot in the name of Elsie Mae Schildt was received by the Frederick County Board of Elections on November 7, 2012 at 9:30 a.m. The absentee ballot in the name of Elsie Mae Schildt was not counted because an employee of the Frederick County Board of Elections had prior knowledge of Elsie Mae Schildt’s death.

            At trial, The State would have called Stuart Harvey, Director of the Frederick County Board of Elections who would testify, among other things, that the signed Oath of the Absentee Voter constitutes proof of that particular signer as having voted that particular election ballot.        

            On May 15, 2013 Chief Investigator James Cabezas and Investigator Charles O’Connor travelled to Frederick County to interview Elsie Virginia Schildt. During the interview, Elsie Virginia Schildt admitted that she signed her mother’s name to the oath of absentee ballot after her mother’s death.

            If called to testify, Investigative Assistant Charles O’Connor could identify the defendant as Elsie Vriginia Schildt. All events occurred in Frederick County, State of Maryland.

STATE OF MARYLAND                           *          IN THE CIRUCIT COURT   V.                                                                    *          FOR FREDERICK COUNTY   ELSIE VIRGINIA SCHILDT                    *          CASE NO: 10K13053690 *          *          *          *          *          *          *          *          *          *          *          * STATEMENT OF FACTS                 It is agreed by and between the State of Maryland, by Emmet C. Davitt, State  Read the Rest…

September 11, 2013: Linda Earlette Wells Agreed Statement of Facts

STATE OF MARYLAND                           *          IN THE CIRCUIT COURT

 

V.                                                                    *          FOR MONTGOMERY COUNTY

 

LINDA EARLETTE WELLS                    *          CASE NO: 123206-C

*          *          *          *          *          *          *          *          *          *          *          *         

AGREED STATEMENT OF FACTS

 

It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor and Nicolle Norris, Senior Assistant State Prosecutor, and the Defendant, Linda Earlette Wells and her attorney Debbie Levi, Esquire, that if this matter were called for trial, the State would have produced witness testimony, documentary evidence, including but not limited to the death certificate of Beatrice Wells, the provisional ballot signed by a Beatrice Wells, and various other election records. The aforementioned evidence would have established the following:

            Voting in the Maryland 2012 Presidential General Election concluded on November 6, 2012 at 8 p.m.

            The defendant, Linda Earlette Wells, is the adult daughter of Beatrice Moore Wells. Until Beatrice Moore Wells’ death on or about June 22, 2011, Beatrice Moore Wells was duly registered as a Maryland voter in Montgomery County. The defendant Linda Earlette Wells, was not registered to vote in Maryland at the time of the operative facts in this indictment. At the time, Linda Earlette Wells was duly registered to vote in Broward County Florida.

            On November 5, 2012 Linda Earlette Wells phoned the Montgomery County Board of Elections and spoke to Phillip Olivetti. Ms. Linda Earlette Wells identified herself to Mr. Olivetti as Beatrice Moore Wells, her deceased mother, and informed the Montgomery County Board of Elections that she was not dead and wanted to vote. The Montgomery County Board of Elections, through Mr. Olivietti, advised Ms. Linda Earlette Wells, whom he believed to be Beatrice Wells, to go to the polls and cast a provisional ballot.

Mr. Philip Olivetti, then consulted with his supervisor, Ms. Betty Ann Lucy, and based on Ms. Linda Earlette Wells’ false representation that she was in factBeatrice Wells and alive, the Montgomery County Board of Elections changed Beatrice Wells’ voter registration from cancelled due to death to active.

On November 6, 2012, Linda Earlette Wells, impersonating Beatrice Wells cast a provisional ballot at polling place number 929 Roberto Clemente Middle School in Montgomery County, Maryland as Beatrice Wells. In casting her provisional ballot as Beatrice Wells, Linda Earlette Wells signed an oath stating, in pertinent part, “I am a registered voter in Maryland and eligible to vote in this election.”

On November 8, 2012, Linda Earlette Wells, called the Montgomery County Board of Elections and informed them that she took her mother’s id to the polls and voted in her mother’s name. By chance, Ms. Wells spoke again with Mr. Olivietti. In this same conversation, Linda Earlette Wells asked the Montgomery County Board of Elections to retrieve her ballot and “rip it up.”  Mr. Olivetti of the Montgomery County Board of Elections informed Linda Earlette Wells that he did not have authority to do that. At that time, the employee explained to Linda Earlette Wells that if she wanted her provisional ballot not to be counted she needed to write a letter to the President of the Board of Elections and provided Linda Earlette Wells with the contact information to supply the letter. The Montgomery County Board of Elections never received the letter from Linda Earlette Wells requesting that her provisional ballot be cancelled.

            On May 28, 2013, Linda Earlette Wells admitted to investigators of the Office of State Prosecutor that she did vote using her mother’s id and name. Linda Earlette Wells stated to Investigative Assistant O’Connor that she realized her actions were wrong several days after casting the provisional ballot as her mother, and she called to ask that the provisional ballot be destroyed. Wells admitted that she was informed the ballot could not be destroyed unless she requested to do so in writing. Ms. Wells also told investigators that she did not follow up her request to have the ballot destroyed in writing as required by the State Board of Elections.

            Linda Earlette Wells’ ballot, cast as Beatrice Wells’ ballot, was not counted in the Maryland 2012 Presidential General Election.

            If called to testify, Investigative Assistant O’Connor could identify the defendant as Linda Earlette Wells. All events occurred in Montgomery County, State of Maryland.

STATE OF MARYLAND                           *          IN THE CIRCUIT COURT   V.                                                                    *          FOR MONTGOMERY COUNTY   LINDA EARLETTE WELLS                    *          CASE NO: 123206-C *          *          *          *          *          *          *          *          *          *          *          *          AGREED STATEMENT OF FACTS   It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor  Read the Rest…

July 30, 2013: Elsie Virginia Schildt Indictment

STATE OF MARYLAND

 

v.

 

ELSIE VIRGINIA SCHILDT               *

 

*       IN THE CIRCUIT COURT

 

*       FOR FREDERICK  COUNTY

 

 

*       *       *       *       *       *       *       *       *       *       *       *

INDICTMENT

 

The Grand Jurors for the State of Maryland for Frederick County do on their oath present:

Facts Common to All Counts

 

1. Voting in the Maryland 2012 Presidential General Election concluded on November 6,

 

2012 at 8 p.m.

 

2.  Until her death in 2012, Elsie Mae Schildt was duly registered as a Maryland voter in

 

Frederick County.

 

3.  The defendant, ELSIE VIRGINIA SCHILDT, is the adult daughter of Elsie Mae Schildt, and was also a resident of Frederick County duly registered to vote in Maryland in the 2012 Presidential General Election.

4.  On or about March 26, 2012, Elsie Mae Schildt, who was then living, requested and was provided by the Frederick County Board of Elections with an absentee ballot in order to cast her vote in the Maryland 2012 Presidential General Election.

5.  On or about March 26,2012, ELSIE VIRGINIA SCHLIDT requested and was provided by the Frederick County Board of Elections with an absentee ballot in order to cast her vote in the Maryland 2012 Presidential General Election.

6.  On or about October 10,2012, ELSIE VIRGINIA SCHLIDT completed and signed an absentee voter ballot in her own name and cast her vote by causing that ballot to be mailed and delivered to the Frederick County Board of Elections, Winchester Hall, 12

 

East Church Street, Frederick, MD. The Frederick County Board of Elections received ELISE  VIRGINIA SCHLIDT’S absentee ballot on or about October 11, 2012 at 1:26 p.m.  ELSIE  VIRGINA SCHLIDT’S absentee ballot was counted in the Maryland 2012

Presidential General Election.

 

7.  Elsie Mae Schildt died on September 24, 2012.

 

8.  On or about November 3, 2012, ELSIE  VIRGINIA SCHILDT, completed and falsely signed her mother’s name “Elsie Mae Schildt” to the absentee ballot issued to her deceased mother, and attempted to cast that ballot by causing it to be delivered to the Frederick County Board of Elections on or about November 7, 2012 at 9:30a.m.

9. On or about November 3, 2012 ELSIE  VIRGINIA SCHILDT signed the following “Oath of Absentee Voter” as Elsie Mae Schildt, “Under penalty of perjury, I hereby swear (or affirm) that I am qualified to vote in the election and that I have not voted and do not intend to vote elsewhere in this election.”

10.  The absentee ballot in the name of “Elsie Mae Schildt” was not counted because an employee of the Frederick County Board of Elections had prior knowledge of Elsie Mae Schlidt’s  death.

Count  One-Impersonate Another  Person  in Attempt to Vote

 

11.  The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

12.  And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

 

ELSIE  VIRGINIA SCHILDT

 

on or about November 3, 2012, in Frederick County, State of Maryland, did willfully, knowingly and unlawfully, impersonate another person in an attempt to vote in the 2012

Maryland Presidential General Election, in violation of§  16-201(a)(1)(i), and§  16-

 

201(b) of the Election Law Article , against the peace, government and dignity of the

 

 

State.

 

Illegal voting, EL § 16-201(a)(1)(i),  §16-201(b);

5 years and/or $2,500.00

 

 

 

Count Two-Attempt to Vote Under a False Name

 

13. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

14.  And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

ELSIE VIRGINIA SCHILDT

 

on or about November 3, 2012, in Frederick County, Maryland, did willfully, knowingly and unlawfully attempt to vote under a false name in the 2012 Maryland Presidential General Election, in violation of§ 16-201(a)(1)(ii) and§ 16-201(b) of the Election Law Article, against the peace, government and dignity of the State.

Illegal Voting, EL § 16-201(a)(1)(ii), § 16-201(b);

5 years and/or $2,500.00

 

Count Three-Attempt  to Vote More than Once in the Same Election

 

15.  The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

16.  And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

ELSIE VIRGINIA SCHILDT

 

between on or about October 10, 2012 through on or about November 6, 2012, in Frederick County, Maryland, did willfully, knowingly and unlawfully attempt to vote more than once in the 2012 Maryland Presidential General Election, in violation of§ 16-

201(a)(3) and§ 16-201(b) ofthe Election Law Article  against the peace, government, and dignity of the State.

Illegal Voting, EL § 16-201(a)(3), § 16-201(b);

5 years and/or $2,500

 

 

 

 

 

 

 

 

……,.IV.L v•ET c. DAVIT STATE PROSECUTOR

 

 

 

Cbca

NICOLLE NORRIS

SEN. ASSISTANT STATE PROSECUTOR

 

TO THE PERSON CHARGED:

1.       This paper charges you with committing a crime.

2.       Ifyou have been arrested, you have the right to have a judicial officer decide whether  you should be released from jail until your trial.

3.       You have the right to have a lawyer.

4.       A lawyer can be helpful to you by:

(A)         explaining  the charges in this paper;

(B)           telling you the possible penalties; (C)          helping you at trial;

(D)          helping you protect your constitutional rights; and

(E)           helping you get a fair penalty if convicted.

5.       Even if you plan to plead guilty, a lawyer can be helpful.

6.       Ifyou want a lawyer but do not have the money to hire one, the Public Defender  may provide a lawyer for you. The court clerk will tell you how to contact the Public Defender.

7.       Ifyou want a lawyer but cannot get one and the Public Defender will not provide one for you, contact

the court clerk as soon as possible.

8.       DO NOT WAIT UNTIL THE DATE OF YOUR TRIAL TO GET A LAWYER.If you do not have a

lawyer before the trial date, you may have to go to trial without one.

 

STATE OF MARYLAND

 

vs.

 

ELSIE VIRGINIA SCHILDT

5920 RIVER RIDGE ROAD FREDERICK, MD 21704

 

WHITE/FEMALE DOB: 4/2211967

 

INDICTMENT

 

 

 

 

(True Bill)

 

 

 

——–‘Foreman

File:

 

 

 

 

 

 

Witnesses:

Investigative Assistant Charles O’Connor Chief Investigator James Cabezas Office of the State Prosecutor

300 East Joppa Road, STE 410

Towson, MD 21286

Election Director Stuart Harvey

Frederick County Board of Elections

12 East Church Street

Frederick, Maryland 21701

 

CHARGES:

Three (3) Counts: Illegal Voting

STATE OF MARYLAND   v.   ELSIE VIRGINIA SCHILDT               *   *       IN THE CIRCUIT COURT   *       FOR FREDERICK  COUNTY     *       *       *       *       *       *       *       *       *       *       *       * INDICTMENT   The Grand Jurors for the State of Maryland for Frederick County do on their oath present: Facts  Read the Rest…

July 29, 2013: Montgomery and Frederick County Grand Juries Return Indictments

For Immediate Release                                                                     July 29, 2013

 

 

MONTGOMERY AND FREDERICK COUNTY GRAND JURIES RETURN INDICTMENTS ALLEGING ILLEGAL VOTING IN THE 2012 PRESIDENTIAL GENERAL ELECTION

 

            State Prosecutor Emmet C. Davitt has announced today that Montgomery and Frederick County Grand Juries have returned one indictment each alleging illegal voting in the 2012 Presidential General Election.

 

            The Frederick County Grand Jury returned a three count indictment against Elsie Virginia Schlidt, 46, alleging: impersonating another person in an attempt to vote, attempting to vote under a false name, and attempting to vote more than once in the same election.  The indictment alleges that Ms. Schlidt requested absentee ballots for herself as well as her mother. According to the indictment, Ms. Schlidt completed and mailed in her absentee ballot in the 2012 Presidential General Election. Ms. Schlidt’s mother died in September of 2012. The indictment further alleges that after her mother’s death, Ms. Schlidt signed her mother’s name to an absentee ballot and mailed it to the Frederick County Board of Elections. The Frederick County Board of Elections did not count the ballot on which Ms. Schlidt signed her mother’s name.

 

            The Montgomery County Grand Jury returned a three count indictment against Linda Earlette Wells, age 67, alleging: impersonating a voter in order to register in the name of the voter, attempting to vote under a false name, and impersonating another person in an attempt to vote. The indictment alleges that Ms. Linda Wells called the Montgomery County Board of Elections the day before the presidential election and claimed to be her deceased mother, Beatrice Wells. Based on Ms. Linda Wells false representation that she was in fact Beatrice Wells, the Montgomery County Board of Elections re-activated Beatrice Wells voter registration from inactive (due to death) to active. On Election Day, Linda Earlette Wells, cast a provisional ballot as Beatrice Wells. The Montgomery Coutny Board of Elections did not count the ballot that Linda Earlette Wells cast as Beatrice Wells.

 

            State Prosecutor Emmet C. Davitt stated: “It is vitally important that we protect the integrity of the ballot box and voting process. Ensuring that all citizens have the right to vote, as well as weeding out voting fraud are vital to the functioning of democracy.”

 

            Although charged, both Defendants are presumed innocent unless and until there is a conviction. All charges carry a maximum penalty of 5 years and/or a $2,500 fine, except impersonating a voter in order to register under the name of the voter. That charges carries a maximum penalty of 5 years and/or a $1,000 fine.

For Immediate Release                                                                     July 29, 2013     MONTGOMERY AND FREDERICK COUNTY GRAND JURIES RETURN INDICTMENTS ALLEGING ILLEGAL VOTING IN THE 2012 PRESIDENTIAL GENERAL ELECTION               State Prosecutor Emmet C. Davitt has announced today that Montgomery and Frederick County Grand Juries have returned one indictment each alleging illegal voting in the 2012 Presidential General  Read the Rest…

July 30, 2013: Linda Earlette Wells Indictment

 

 

INDICTMENT

 

The Grand Jurors for the State of Maryland for Montgomery County do on their oath present:

Facts Common to All Counts:

 

1.  Voting in the Maryland  2012 Presidential General Election concluded on

 

November 6, 2012 at 8 p.m.

 

2.   The defendant, LINDA EARLETTE WELLS, is the adult daughter of Beatrice

 

Moore Wells.

 

3.   Until her death on or about June 22, 2011, Beatrice Moore Wells was duly registered as a Maryland voter in Montgomery County.

4.   The defendant, LINDA EARLETTE WELLS, was not registered to vote in Maryland at all times relevant to this indictment. LINDA EARLETTE  WELLS was duly registered to vote in Broward County, Florida.

5.   On November 5, 2012, LINDA EARLETTE WELLS, phoned the Montgomery

 

County Board of Elections and represented herself to be Beatrice Wells.

 

6.   LINDA EARLETTE  WELLS, impersonating Beatrice Wells, informed the

 

Montgomery County Board of Elections that she was not dead and wanted to vote.

 

7.   Based on LINDA EARLETTE  WELLS’ false representation that she was in fact Beatrice Wells and not dead, the Montgomery County Board of Elections changed Beatrice Wells’ voter registration from cancelled (due to death) to active.

 

8.   On November 6, 2012, LINDA EARLETTE WELLS, impersonating  Beatrice Wells, cast a provisional ballot at polling place number 929, Roberto Clemente Middle School in Montgomery County, Maryland.

9.   In casting her provisional ballot as Beatrice Wells, LINDA EARLETTE  WELLS, signed an oath stating, in pertinent part, “I am a registered voter in Maryland and eligible to vote in this election.”

10. LINDA EARLETTE  WELLS’ provisional ballot was not counted in the Maryland

 

2012 Presidential General Election.

 

Count One-Impersonate  a Voter in order to Register in the Name of the Voter

 

11. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

12. And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

LINDA EARLETTE WELLS,

 

on or about November 5, 2012 in Montgomery County, State of Maryland, willfully, knowingly and unlawfully, impersonated another person in order to register to vote in the 2012 Maryland Presidential General Election in the name ofthe registered voter, in violation of §16-101(a)(1),  and§ 16-101(b) ofthe Election Law Article, against the peace, government and dignity ofthe State.

Illegalvoting,  EL§ 16-101(a)(1), § 16-101(b);

5 years and/or $1,000

 

 

 

Count Two-Attempt to Vote Under a False Name

 

13. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

14. And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

LINDA EARLETTE WELLS

 

on or about November 6, 2012, in Montgomery County, State of Maryland, did willfully, knowingly and unlawfully attempt to vote under a false name in the

2012 Maryland Presidential General Election, in violation of§ 16-201(a)(1)(ii) and§ 16-201(b) ofthe Election Law Article, against the peace, government, and dignity of the State.

Illegal Voting, EL §I 6-201(a)(1)(ii),  § 16-201(b);

5 years and/or $2,500.00

 

 

 

Count Three-Impersonate Another Person in Attempt to Vote

 

15. The allegations of Paragraphs 1-10 are incorporated herein as if set forth in full.

 

16. And the jurors aforesaid, upon their oath aforesaid, do further present that the said

 

LINDA EARLETTE WELLS,

 on or about November 6, 2012 in Montgomery County, State of Maryland did willfully, knowingly, and unlawfully, impersonate another person in order to attempt to vote in the 2012 Maryland Presidential General Election, in violation of§  16-201(a)(1)(i), and§ 16-201(b) of the Election Law Article against the peace, government and dignity of the State.

 

 

Illegal voting, EL § 16-201(a)(1)(i),  § 16-201(b);

 5 years and/or $2,500

 

 

 

 

 

 

 

 

 

 

    INDICTMENT   The Grand Jurors for the State of Maryland for Montgomery County do on their oath present: Facts Common to All Counts:   1.  Voting in the Maryland  2012 Presidential General Election concluded on   November 6, 2012 at 8 p.m.   2.   The defendant, LINDA EARLETTE WELLS, is the adult daughter  Read the Rest…

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