Friday, Nov. 21, 2003 | 9:04 a.m.
Gary and Pamela Horrocks will stand trial for voter fraud after a judge refused to dismiss the charges against them Thursday.
Horrocks and his wife are charged with signing and submitting fraudulent absentee ballots for at least 10 voters in the Assembly District 37 election in which Marcus Conklin, D-Las Vegas, defeated Republican Francis Allen by 134 votes. They face one to four years in prison for each count if convicted.
Attorneys for the Horrocks had argued that there was insufficient evidence to charge them on any of the 62 counts of voter fraud, conspiracy and burglary. Dominic Gentile, Gary Horrocks' lawyer, also argued that the indictment contained multiple theories for how the alleged crimes were committed, that were too complex and made little sense.
District Judge Joseph Bonaventure did find there was not sufficient evidence to charge the couple with burglary.
Bonaventure said the charges were clear and that indictments often contain multiple theories.
Allen was in court to hear Bonaventure's decision along with Sandy Vitolo, the District 37 constituent who originally filed the election complaint with the Secretary of State in November 2002. Allen and Vitolo broke into wide smiles when Bonaventure said the case would go to trial Feb. 9.
"If you read the indictment it's very clear what they did," Allen said.
Vitolo agreed.
"I feel totally vindicated," Vitolo said, referring to the Assembly members' classification of the complaint as frivolous. Before the grand jury indictment was handed down, the Assembly had even threatened to fine her $44,000 for lawyer fees Conklin paid to defend himself in the complaint.
"I am just a citizen trying to do the right thing," Vitolo said.
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