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REPORT OF INVESTIGATION K #: 11-066 Absentee Ballot Allegations at Park Plaza ALF Date Opened: May 9, 2011 Date Closed:

Oct. 19, 2011

Name of investigator: Karl Ross .............................................................................................. This investigation was predicated by a request for assistance from the Miami-Dade County State Attorneys Office (SAO), after the principal investigator at the SAO, where the case originated, took an extended leave of absence and was unable to continue the investigation. The above-captioned matter was referred to COE in May 2011. ALLEGATION: The case involves an apparent act of voter fraud against Judith Thompson, an elderly resident at the Park Plaza Retirement Residence, a North Miami Beach assisted-living facility (ALF) that houses numerous retirees. Two other residents at the facility, it was alleged, may have been similarly victimized Agnes Keyzer and Daisy Davis. BACKGROUND: On Nov. 2, 2010, the day of the General Election, Ms. Thompson was taken to her regular polling place at the First Baptist Church (4600 NW 23rd Ave.) and, when she presented her ID and requested a ballot, was informed by a poll worker that she would not be allowed to vote because she had already voted by absentee ballot. When she informed the poll worker that she had not requested an absentee ballot, nor attempted to vote in this fashion, she was advised to contact authorities and file a formal complaint. When she was later interviewed by an investigator with the Miami-Dade County State Attorneys Office (SAO), Ms. Thompson advised that Ms. Keyzer and Ms. Davis had requested absentee ballots, but never received them. It was subsequently learned that somebody mailed in an absentee ballot on behalf of Ms. Davis, though said ballot was rejected by the elections canvassing board because the signature an X on the outside of the envelope containing the absentee ballot did not match the signature kept on file by the Miami-Dade County Elections Department. Elections officials advised that Ms. Keyzer did not vote either in person or by absentee ballot, though she was sent an absentee ballot on or about Oct. 18, 2010 two days after receiving her request. The signature on that request appears to have been forged, as well. INVESTIGATION: Ms. Thompson contacted Assistant State Attorney Joseph Centorino on or about Dec. 23, 2010, and registered a formal complaint. On or about Jan. 7, 2011, SAO Investigator Angelo Fabregas contacted the Park Plaza Retirement Residence and spoke to the facilitys administrator, Gary Solomon, and scheduled an interview with Ms. Thompson for Jan. 11, 2011. On that date, Fabregas met with Mr. Solomon, who advised the facility has no special procedures for handling absentee ballots. Mr. Solomon said mail is received at the front desk by the receptionist, Jennifer Prestol. He said the mail is turned over to the activities coordinator, Latarra Kearney, who distributes the mail to residents. Investigator Fabregas

interviewed Ms. Prestol, who advised that she recalled several absentee ballots arriving prior to the November 2nd election, and that she gave them to Ms. Kearney. Ms. Prestol said she didnt recall which residents were supposed to get the absentee ballots. Investigator Fabregas then spoke with Ms. Kearney, who advised she did receive several absentee ballots prior to the election, but that she does not recall giving one to Ms. Thompson. Ms. Prestol and Ms. Kearney provided written statements to this effect to the investigator. On this same date, Investigator Fabregas interviewed Ms. Thompson in Mr. Solomons office, and she recounted her experience on Election Day in which she was turned away from her polling place without being able to cast her ballot. Ms. Thompson advised that on Dec. 20, 2010, she was taken to the Miami-Dade County Elections Department in Doral, where she was shown a copy of the absentee ballot with her name and purported signature on the envelope. She said she advised elections officials the signature was not hers. Ms. Thompson also told Fabregas that two other residents Ms. Davis and Ms. Keyzer had requested absentee ballots, but never received them. COE was able to verify that elections has absentee ballot request forms on file for Ms. Keyzer (dated 10/19/10) and for Ms. Davis (dated 10/25/10). Both requests were received on the same date, Oct. 27, 2010, according to the date and time stamp on the forms. On Jan. 11, 2011, Investigator Febregas met with Caridad Perez Cabellesa, a staff supervisor at Miami-Dade elections, to request access to documents relating to the case, including a copy of the signed absentee ballot envelope for Ms. Thompson that was received by elections on or about Oct. 19, 2010, along with copies of the signatures kept on file for the three Park Plaza residents. A subpoena for said items was subsequently issued by the Miami-Dade County State Attorneys Office. On Jan. 14, 2011, SAO Investigators Fabregas and Miguel Cevera returned to the Park Plaza ALF and re-interviewed Ms. Kearney, who denied involvement with any political campaigns as a volunteer or paid worker. Investigators also re-interviewed Ms. Prestol, who denied any involvement in politics, though she did state that Ms. Kearney has been visited by members of political campaigns at the ALF and that she would regularly meet with them during normal business hours. Mr. Solomon later told COE that he was aware of one such meeting with now State Rep. Daphne Campbell, who was elected to office in August 2010 in a special primary election to fill a vacant seat. (Note: This meeting in which Ms. Campbells campaign provided lunch to residents occurred prior to the election in question and would not be relevant to the investigation.) On March 4, 2011, Investigator Fabregas responded to the Park Plaza ALF where he showed elections records to the alleged victims. Ms. Thompson advised that the signature on the back of the absentee ballot was not hers. Ms. Davis advised that she was unsure as to whether the signature(s) in question were hers. Ms. Keyzer was shown two records and advised that the signature on one of the records was not hers. That record was an absentee ballot request form dated Oct. 19, 2010. On this same date, Investigator Fabregas met with Ms. Kearney, and asked her several follow-up questions. She advised that she met with two candidates for local office some time last year, and described them only as being black and recalled only that the provided free lunch to the residents. Ms. Kearney said she could not recall their names. Ms. Kearney further advised that she does not recall at this time if she has ever filled out absentee ballots or

forms requesting absentee ballots on behalf of residents. Investigator Fabregas noted in his reported that he also met with Ms. Prestol on this date, and that she reiterated her account that Ms. Kearney held frequent meetings at the ALF with candidates and members of their political campaigns. Prestol said that Kearney was the employee who helped residents with their paperwork, presumably including elections documents. Prestol further stated that, following the initial visit by Investigator Fabregas on Jan. 11, Kearney instructed her to dispose in the garbage all absentee ballots that arrive because she didnt want any more problems. (Note: If true, it is unclear what election these absentee ballots would have related to since they would have been issued after the Nov. 2nd General Election, the contest for which Ms. Thompson was advised that she could not vote at her assigned polling place.) On March 14, 2011, Ms. Prestol and Ms. Kearney were administered FDLE handwriting questionnaires by SAO Investigator Mary Myerscough. The results have been included in the file, and were reviewed by investigators for similarity with elections records. On Aug. 1, 2011, COE spoke to Mr. Solomon, administrator of the ALF, and requested a copy of a handwriting sample for Ms. Kearney, given that the available questionnaire was insufficient to establish whether she had forged elections documents on behalf of ALF residents. Mr. Solomon agreed to produce samples from her personnel file, but indicated that he would be astonished if Ms. Kearney was involved in any improper activity. He noted that, to his knowledge, only one candidate (Daphne Campbell) had stopped by the residence during the period in question, catering lunch for residents. He also noted Ms. Prestol had since left the residence for other employment, but that Ms. Kearney remained employed there in good standing. (Note: It was not necessary to review the requested samples, because a subsequent review of SAO files turned up additional handwriting samples, including a sample provided by Ms. Kearny on March 14th in which she repeatedly writes the name of Ms. Thompson. CONCLUSION: The information obtained pursuant to this investigation supports the belief that Judith Thompson, a resident of the Park Plaza ALF, was denied her right to vote in the Nov. 2, 2010, General Election, and that it is likely that someone other than Ms. Thompson cast her vote by absentee ballot. A review of the signature on the outer envelope of said ballot bears a signature that is inconsistent with other signatures belonging to Ms. Thompson kept on file by Miami-Dade elections. COE obtained copies of four other documents signed by Ms. Thompson from the files of the elections department, all of which are inconsistent with the signature on the voted absentee ballot. Said ballot was dated Oct. 6, 2010, and received by elections on or about Oct. 19, 2010. The ballot was accepted by the department after review by the Canvassing Board. Furthermore, Ms. Thompson, during her visit to the county elections headquarters, affirmed that the signature on the absentee ballot was not hers. It does not appear that either of the other two residents of the Park Plaza ALF was deprived of her right to vote, though Agnes Keyzer did verify that the signature on an absentee ballot request form dated Oct. 19, 2010, was not her authentic signature and was a forgery. An absentee ballot sent on behalf of Dasiy Davis was rejected by the elections Canvassing Board because it lacked a proper signature. (It was marked only with an X.) Elections

records show that Ms. Davis did, however, request an absentee ballot for the November 2010 General Election, and the signature on her absentee ballot request form was similar to other signatures of hers on file with elections. The investigation, while inconclusive in other respects, did reveal an overall lack of controls at the ALF as it relates to the handling of absentee ballots. Interviews with staff and administrators made it clear that there is no chain of custody or formal accounting for the receipt and distribution of absentee ballots. Park Plaza Administrator Gary Solomon advised that Ms. Kearney remains a trusted employee, and while it is important to note the investigation turned up no direct evidence to suggest she acted otherwise, the absence of controls makes it difficult to establish what transpired after absentee ballots were received by the ALF. While it is troubling that Ms. Prestol would tell investigators that she was allegedly directed by Ms. Kearney to destroy all incoming future absentee ballots in order to avoid any more problems, this would not have affected the electoral contests in question on Nov. 2, 2010. A review of handwriting samples obtained by investigators did not yield conclusive evidence of fraud or tampering by either of the ALF employees. Both employees were required to print and sign the names of the alleged or suspected victims 25 times, and it does not appear any of the samples match the forged signature on Ms. Thompsons tainted absentee ballot. Furthermore, a review of these samples does not reveal a match with the apparent forgery on Ms. Keyzers absentee ballot request form. Absent findings to the contrary by a certified handwriting expert it would be difficult, if not impossible, to base a criminal complaint against either of the ALF employees. It is entirely possible that any fraudulent voter documents were prepared by persons linked to political campaigns and not by employees of the ALF; however, it would be difficult, if not impossible, for this to occur without access to the facility and its incoming mail. ###

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