Reports of vote-buying surface
Testimony in Pastrick-Pabey case focuses on reasons for absentee ballots, not fraud
NWI Times
Jul 24, 2003
nwitimes.com/news/state-and-regional/reports-of-vote-buying-surface/article_8a695804-e915-56c2-a370-f377d95fb88b.html
Glenn Pitts testified that his precinct committeeman offered $30 to obtain his absentee ballot, and then failed to pay.
With that one striking exception, lawyers for East Chicago mayoral contender George Pabey produced little evidence of vote fraud in the second day of trial in Pabey's case to overturn the re-election of Mayor Robert Pastrick.
But there were hints of more to come.
Several witnesses testified that a total of 18 individuals whose names were brought up in court did not live in their house or apartment building. But no records were introduced showing that those mysterious individuals actually voted.
Following trial, Pabey's attorney Nathaniel Ruff said the individuals had either voted, or had applied for an absentee ballot.
There's a big difference. Absentee ballots that were mailed out but never sent back in with a vote, presumably could not have influenced the election.
Though Pabey defeated Pastrick by 199 votes at the polls, Pastrick won the election by 278 votes after absentee ballots were counted. Pabey is seeking to win by discrediting, and eliminating, the absentee votes.
Prior to the first witness of the day, Ruff noted a press report that Lake Superior Court Judge Julie Cantrell had told witnesses waiting outside the courtroom on Tuesday they did not have to testify until they were paid their witness fees. Cantrell is not presiding over the trial.
"It was a joke and (the reporter) blew it out of proportion," said Cantrell late Wednesday, as she left her chambers.
The report indicated that Cantrell was not smiling or laughing when she made her remarks to witnesses.
"There's a difference between sarcasm and laughing," said Cantrell, the daughter of former East Chicago Republican Party Chairman Robert Cantrell. "I think it's a non-story, really."
Based on Cantrell's reported remarks, Ruff asked the court to curb such comments to witnesses. In response, LaPorte County Judge Steven King entered an order barring everyone but counsel from discussing non-appearances and testimony with witnesses.
In questioning some 26 witnesses, Ruff and co-counsel Carmen Fernandez focused for hours on why people had applied for absentee ballots.
In several instances, they elicited testimony showing the voter had given the wrong reason -- or someone else had marked the wrong reason for them -- on the application for an absentee ballot.
In cross examination, Pastrick lawyers Michael Bosch and Terrance Smith regularly elicited testimony that the voter had voted just once, had cast their absentee ballot freely and independently, and that the voter wanted his or her vote to count.
It's likely to take testimony of stark wrongdoing to persuade a judge to overturn the election, based on past challenges elsewhere.
Even a coercive pattern of precinct committeemen and others illegally watching voters cast absentee ballots likely would not be enough, predicted William Kimberling, a recently retired top official at the Federal Election Commission, shortly after the May primary.
"They have to demonstrate there was fraud at a sufficient level to alter the outcome, or that the entire process was so beclouded that it would rule out counting the absentee ballots. That's pretty drastic," Kimberling said.
There also were minor moments of levity during the trial's second day of testimony. As Judge King raised his hand to swear in Glenn Pitts of 3831 Deal St., for instance, Pitts also raised his hand in greeting.
"I'm going to give you an oath to tell the truth. This isn't 'Hi,' " King said.
Pitts testified that his committeeman Ashley Dunlap and an individual he knew as "bidderman" brought him an absentee ballot application, which he signed.
After the ballot arrived, Pitts said he gave it to Dunlap, who promised to pay him $30. Pitts said Dunlap asked him to sign the ballot, and that Dunlap filled out the ballot himself. Pitts also said Dunlap failed to pay.
Dunlap could not be reached for comment Wednesday night at either of two East Chicago phone listings for an Ashley Dunlap.
Ruff examined Precinct 2-2 Committeeman Ramon Guillen Jr. at length over Guillen's success in obtaining numerous absentee ballots, sometimes, it seemed, for reasons not provided by law.
Guillen said he had not been involved in seeking an absentee ballot for his son Ray, who, he said, does not live at his home at 4812 Wegg.
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