People v. Lindbeck

560 N.E.2d 477, 202 Ill. App. 3d 831, 148 Ill. Dec. 175, 1990 Ill. App. LEXIS 1419
CourtAppellate Court of Illinois
DecidedSeptember 14, 1990
DocketNos. 3-89-0740 through 3-89-0742 cons.
StatusPublished
Cited by1 cases

This text of 560 N.E.2d 477 (People v. Lindbeck) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lindbeck, 560 N.E.2d 477, 202 Ill. App. 3d 831, 148 Ill. Dec. 175, 1990 Ill. App. LEXIS 1419 (Ill. Ct. App. 1990).

Opinion

JUSTICE GORMAN

delivered the opinion of the court:

Defendant Emerit D. Lindbeck was charged with four counts of forgery (Ill. Rev. Stat. 1987, ch. 38, par. 17—3), four counts of mutilation of election materials (Ill. Rev. Stat. 1987, ch. 46, par. 29—6) and one count of perjury (Ill. Rev. Stat. 1987, ch. 38, par. 32—2). The forgery and mutilation of election materials charges against the defendant stem from an April 7, 1987, election in which the defendant was the successful candidate for mayor of the City of Kewanee. The perjury charge arose from the defendant’s testimony in the subsequent grand jury investigation into the election. The charges were consolidated for trial. The defendant was tried before a jury and convicted on all counts. He was sentenced to concurrent 30-month terms of probation. He appeals his convictions. We affirm.

THE FORGERY AND MUTILATION OF ELECTION MATERIALS CONVICTIONS.

At the defendant’s trial, the State called Carol Peterson, the chief deputy clerk in charge of voter registration in Henry County. Peterson testified that about one month after the election she was advised by Reesa Van Raemdonk, an election judge, that the two absentee ballots belonging to Adrian and Betty Ball had been voted by person(s) other than the Balls. While investigating this allegation, Peterson also found two absentee ballots that had been improperly processed. These ballots, belonging to Patrick and Christopher Williams, had been voted since they were no longer in the envelopes, but had not been processed correctly. Peterson identified the Balls’ and the Williamses’ applications for absentee ballots, ballot envelopes and return envelopes.

Peterson further testified that the posting list, a record made when absentee ballots are sent out and returned, is a public document and that the defendant had examined the list once. She also testified that it is not necessary to return an absentee ballot if you decide that you do not want to use it. On cross-examination, Peterson testified that it is proper to assist someone in filling out the top of a ballot envelope.

Adrian and Betty Ball testified that in early 1987 they went to Florida and arranged with the mail carrier to leave their mail with Adrian’s mother. While the Balls were on vacation, Don Francis, a retired firefighter and a volunteer in the defendant’s campaign, sent them applications for absentee ballots which they filled out and returned around February 25, 1987. The Balls testified that People’s exhibits Numbers 1 and 4 were not the absentee applications that they had returned. On March 29, 1987, when they called Adrian’s mother, she told them that their ballots were at her house. Adrian told her to tear them up because there was insufficient time to use the ballots. The Balls testified that People’s exhibits Numbers 2 and 5, ballot envelopes and certifications for absentee ballots in their names, were not in their own handwriting and contained the wrong birthdates. The Balls did not give anyone permission to use their ballots.

Reesa Van Raemdonk testified that while serving as an election judge, she saw the Balls’ absentee ballots counted. Since Adrian’s mother had previously told Van Raemdonk that she had the Balls’ ballots and was unable to reach them, Van Raemdonk contacted Adrian’s mother to let her know that the ballots had been voted.

Van Raemdonk further testified that Adrian Ball asked her about the ballots a few days later. After her conversation with Adrian Ball, Van Raemdonk talked to Donald Francis. After this conversation, Van Raemdonk went to the defendant’s office. The defendant asked Bonnie Tomlinson to leave the office and told Van Raemdonk that he had the Balls’ ballots. The defendant indicated to Van Raemdonk that he had put them on the desk in his campaign office and did not know what had happened to them.

Don Francis testified that he obtained applications for absentee ballots for his son and the Balls from Leonard Holton, a candidate for the city council. The defendant was present when Francis received the applications. Francis filled out the writing on the applications for Adrian and Betty Ball and signed the Balls’ names. Francis indicated that the writing on People’s exhibit Number 4 does not look like his writing. On the Saturday prior to the election, Francis went to campaign headquarters. The defendant was the only person there and Francis told the defendant that Adrian Ball’s mother had called to advise that she had Adrian and Betty Balls’ ballots and there would be insufficient time to vote. The defendant instructed Francis to obtain the ballots from Adrian’s mother and the defendant would take care of turning them in. Later that morning, Francis obtained the ballots and brought them to the defendant.

Francis further testified that after the election Van Raemdonk called and indicated that the Balls’ ballots had been voted. Francis called the defendant with this information. The defendant told Francis that nothing like that had happened and someone was trying to cause trouble. Finally, Francis testified that his testimony before the grand jury had been untruthful and that he was testifying pursuant to a plea bargain arrangement arising from his involvement in the incident.

The evidence deposition of Reva Ball, Adrian’s mother, was admitted into evidence. The deposition indicated that before noon on the Saturday before the election, she gave Francis the sealed, absentee ballots of Adrian and Betty Ball.

Patrick and Christopher Williams testified. They testified that they signed applications for absentee ballots in 1987 but never received the ballots. They also testified that the dates of birth and signatures on the ballot envelopes and certifications were not their dates of birth and not their signatures.

Dale Williams, the father of Patrick and Christopher, testified that he worked as a campaign volunteer for the defendant in 1987. He testified that he had a small pad of absentee ballot applications and observed his sons sign applications. He turned the applications in to the defendant and Holton. When he received the sealed, absentee ballot envelopes for his sons, he put them in his briefcase and took them to campaign headquarters. The defendant was there. He threw the ballots on a table and told the defendant that at least they had two votes. The defendant picked up the ballots, put them in a desk drawer and said that he would take care of them. Dale Williams testified that he never saw the ballots again. Dale Williams also testified that his testimony before the grand jury had been untruthful and that his testimony in the instant case was part of a plea bargain arrangement stemming from charges filed against him in regard to this incident.

Dale Williams further testified that after he was indicted for his illegal activities, he discussed it with the defendant. He told the defendant that he would like to know who had signed his sons’ ballots and used incorrect birthdates. The defendant then asked him if he knew what he had done with the ballots and when he indicated that he did not, the defendant indicated that he had given them to the defendant.

Sergeant Steve Sottos of the Illinois State Police identified the defendant’s handwriting samples and the defendant’s “normal course of business writing” samples.

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Bluebook (online)
560 N.E.2d 477, 202 Ill. App. 3d 831, 148 Ill. Dec. 175, 1990 Ill. App. LEXIS 1419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lindbeck-illappct-1990.