United States v. Mark Douglas Odom, United States of America v. Joyce Geraldine Beach, United States of America v. Benny Carol Dyson

736 F.2d 104, 15 Fed. R. Serv. 1422, 1984 U.S. App. LEXIS 22242
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 22, 1984
Docket83-5218(L), 83-5219 and 83-5220
StatusPublished
Cited by104 cases

This text of 736 F.2d 104 (United States v. Mark Douglas Odom, United States of America v. Joyce Geraldine Beach, United States of America v. Benny Carol Dyson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mark Douglas Odom, United States of America v. Joyce Geraldine Beach, United States of America v. Benny Carol Dyson, 736 F.2d 104, 15 Fed. R. Serv. 1422, 1984 U.S. App. LEXIS 22242 (4th Cir. 1984).

Opinions

DONALD RUSSELL, Circuit Judge:

The defendants appeal their convictions arising out of absentee voting in a federal and state election conducted in Alexander County, North Carolina in November 1982. In the first twenty-eight counts of the mail fraud indictment the defendants Odom, Beach, Dyson and Lackey were charged with participation in a scheme to cast false and fraudulent absentee ballots and in counts twenty-nine and thirty, the defendants were charged with conspiracy to vote more than once and with the substantive offense of so voting in the election.1 The defendants were convicted on all counts and received concurrent sentences. Three of the defendants (Odom, Beach and Dyson) have appealed their convictions on a number of grounds.2 The defendant Lackey chose not to appeal. We find no basis for reversal in any of the grounds and accordingly affirm the judgments of convictions.

I

In the general election held on November 2, 1982, the sheriff and clerk of court of Alexander County were candidates for reelection. In that same election there were federal candidates for the United States House of Representatives. The defendant Odom was a deputy sheriff under the incumbent Alexander County sheriff who was a candidate for reelection; the defendant Lackey was also employed part time by the County sheriff; the defendant Beach was an employee in the office of the County Clerk of Court, who was similarly a candidate for reelection; and the defendant Dyson was a friend of Odom.

The alleged scheme involved casting absentee votes in the name of residents of The Belle’s View Rest Home in Alexander County. The residents were generally persons of advanced years, feeble both physically and mentally. The defendant Odom testified to his visits to the Home and his discussions with the Home’s manager relative to voting absentee the residents of the Home for the “straight Democratic” ticket, which would include both the incumbent sheriff and clerk of court. As a result of these discussions, Odom, accompanied by the defendant Dyson, brought to the Home letters which had been prepared requesting authorization to vote absentee in the approaching election to be mailed under the plan to vote in the name of the residents of the Home.3 These letters were signed with [107]*107the names of the Home’s residents, as furnished by the manager of the Home.4 Presumably, such letters were not signed personally by most of these residents, since the record establishes that only a few of the residents could write their names. A Rest Home employee, Steve Connor, testified that he helped fill out the applications and that those residents capable of signing their own names did so, while he signed for those unable to sign. According to the testimony offered by the Government, these letters requesting authorization to vote absentee were mailed by Odom to the County Board of Elections for processing. On October 28 when they ascertained that the applications had been approved by the Election Board and the ballots mailed back to the residents, together with an envelope in which the ballot of each voter was to be placed, Odom and Dyson returned to the Rest Home for the purpose of voting the ballots sent to the residents of the Home. The defendants Beach and Lackey and Ms. Donna Wike, a North Carolina notary public and legal secretary, who was indicted but has entered into a plea bargain with the Government, arrived shortly after-wards by previous arrangement. Ms. Wike’s function at the Home was to notarize the affidavit forms for each voter on the envelope in which the voter’s ballot was to be inserted for mailing to the County Board of Elections. This affidavit form consisted of a statement in which the voter swore that he or she was a voter in the precinct where he or she was voting and was unable to travel to vote in person. It concluded with a declaration under oath by the voter that he or she had “made application for absentee ballots and [that he or she had] marked the ballots enclosed herein, or they were marked [for him or her] in [his or her] presence and according to [his or her] instructions.” This form was required to be signed by the voter, or by his or her authority, and to be duly notarized. Without such affidavit, duly signed and notarized, the ballot could not be received or counted.

Odom, Beach, Dyson, Lackey and Wike had a room in the Rest Home made available to them for handling the voting. Eight residents of the Home who could sign their names were brought into the room where the five participants in the scheme were. These eight signed the affidavit forms on the ballot envelopes and their signatures were notarized by Ms. Wike. After signing their names, the eight left. They were not asked and did not signify how they wanted to vote, according to the Government’s witnesses. No other residents of the Home came into the room. According to Ms. Wike, two employees of the Rest Home were then brought in because Odom and his associates indicated that they wanted “someone else [than the defendants] to sign the [affidavit form on the] envelopes” for the other residents. So far as Ms. Wike observed, these employees, along with one or more of the group in the room, signed all the affidavits on the ballot envelopes in which the ballots of the remaining residents were to be sealed, so that it was their signatures and not those of the residents which she notarized.

After the names of these residents who could not write on the form printed on the envelopes had been signed by one of the persons present in the room, Ms. Wike, under the direction of the defendants, notarized the signatures as those of the various residents. According to the testimony of an employee of the Home, some of those whose names were thus signed were not even at the Belle’s View Rest Home but were at Miller-Graham Home, a related Rest Home located on the other side of Taylorsville, and two of the residents of Belle’s View whose names were signed were away at school on October 28. During the time the ballot envelopes were being signed and notarized, Ms. Wike testified that she, Odom, Beach, Dyson, Lackey, and several Home employees who were signing the forms, were the only ones present in the room.

[108]*108After the forms on the envelopes had been filled in, signed and notarized, Ms. Wike said that Odom began marking some ballots, and took other ballots and laid them out, instructing the other people to join in the task of “markpng] them straight Democrat.” While the ballots were being marked Ms. Wike testified that she heard Odom instructing those marking the ballots to write in the name of Glenn Hofecker. After the ballots had been marked and placed in the ballot envelopes they were mailed by Odom to the County Election Board, and were later counted in the election.

Both before and after the election, the Federal Bureau of Investigation received complaints of fraudulent absentee voting in Alexander County. These complaints were followed by a federal grand jury investigation, with the result that the defendants were indicted, prosecuted, and convicted. The defendants have appealed, citing what they claim were a number of reversible errors at trial. We accordingly address these claims of error.

II

The defendants, as their first ground of appeal, complain that they were denied the right during cross-examination to ask Ms.

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Bluebook (online)
736 F.2d 104, 15 Fed. R. Serv. 1422, 1984 U.S. App. LEXIS 22242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mark-douglas-odom-united-states-of-america-v-joyce-ca4-1984.