Prosecutor: Subpoenas to be issued over fraudulent 4am robocall

It’s been two months since 13th district Republicans were awakened by a fraudulent 4am robocall urging them to get out to vote for Senator Joe Kyrillos, Assemblywoman Amy Handlin and Assemblyman Declan O’Scanlon in the Republican primary, but the perpetrators are not off the hook.

Acting Monmouth County Prosecutor Christopher Gramiccioni told MMM that the incident remains under active investigation and that subpoenas will be issued. “Stay tuned,” Gramiccioni said.

Kyrillos, who was awakened by the call, which he publicly blamed on the campaign of his opponent in the June 4th primary, Leigh-Ann Bellew, said he has been interviewed by investigators from the Prosecutor’s Office.

The voice on the 4 am call, which can be heard here, sounds very much like the voice on the recorded message on the Bellew campaign’s voice mail. Listen to the Bellew for Senate voice mail greeting here.

The New Jersey Democratic Party was fined $42,000 for making fraudulent robocalls in the 2009 gubernatorial election.  Among Republicans, Kevin Collins plead guilty, paid a $1000 fine and received a year on probation for violating the Fair Campaign Practices Act with a fraudulent robo call in a 2009 legislative primary. More serious charges against Collins were dropped in plea negotiations.

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Bayshore Tea Party Group Denies Involvement in 4am Robocall. Considers Call A “Reprehensable Act”

Steven Lonegan and Bayshore Tea Party Group Founders Barbara Gonzalez and Bob Gordan, 2010. facebook photo.

Bob Gordon, co-founder of the Bayshore Tea Party Group said that the organization had nothing to do with the 4am robocall that woke up LD 13 voters on June 4th and that the group considers the action “reprehensible.”

Gordon said that MMM should know better than to suggest that BTPG was involved in the robocall.  He said we should have reached to the group.  MMM contacted fellow co-founder of the group, Barbara Gonzalez on June 4th and got no response. Gordan said Gonzalez does not respond to our inquiries because the group does not consider this website credible.

Gordon said that he asked both Leigh-Ann Bellew and her campaign manager Dwayne Horner if they had anything to do with the call. Both Bellew and Horner denied involvement. He said he would ask them again today, following MMM’s report that the Monmouth County Prosecutor’s Office is investigating the call.

Gordon said he would cooperate with the Prosecutor’s investigation and that he placed a call to them this morning, prior to calling MMM.

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Monmouth County Prosecutor Actively Investigating 4am Robocall

Despite waking up thousands of Monmouth County voters at 4am on primary day, the Bayshore Tea Party Group and the Bellew Brigade have apparently not lost any sleep over their crushing defeat last week.  The architects of the 20%-80% defeat in the Monmouth County and LD 13 GOP primaries have endorsed Dr. Alieta Eck in the Special U.S. Senate Primay and are angling to run that campaign.

Congratulations Steve Lonegan!

Neither BTPG nor Leigh-Ann Bellew’s campaign have admitted to commissioning the 4am robocall on June 4 that announced it was being made on behalf of Senator Joe Kyrillos , Assembly Members Amy Handlin and Declan O’Scanlon and faked the caller ID to a number belonging to the Monmouth County Republican Organization.  They are exercising their right to remain silent to the extent that they have yet to congratulate their opponents.

MMM first reported the call (click here to listen) and that it appears to have been recorded by the same person who recorded Bellew’s voice mail greeting. (Click here to listen to Bellew’s voice mail greeting.)

Kyrillos and O’Scanlon publicly accused the Bellew campaign of making the call. Monmouth County GOP Chairman John Bennett lodged a complaint with the Monmouth County Prosecutor’s Office. Bennett said yesterday that he will not let up on pursuing prosecution of the dirty trick.

Bayshore Tea Party Group co-founder Barbara Gonzalez complained about this website on facebook, saying she was going to report its owner to the FBI because he finds out, and acts on, what she is writing about on the social media site without the help of the NSA or the Obama Administration.

Charles Webster, spokesperson for the Monmouth County Prosecutor’s Office, confirmed that there is an active investigation into the 4am robocall.

Webster was not at liberty to discuss the investigation, so MMM’s investigative team got to work to find more evidence of the call’s origin.

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Breaking: Indictment in the 4am robo call incident

UPDATE: DWAYNE HORNER, LEIGH-ANN BELLEW’S CAMPAIGN MANAGER IS NAMED IN THE INDICTMENT

MMM has learned that at least one individual was indicted by a Monmouth County Grand Jury today in the investigation into the 4am robocall that occurred on the morning of the 2013 Republican Primary in the 13th legislative district on June 4, 2013.  The 13th, represented by Senator Joe Kyrillos and Assembly Members Amy Handlin and Declan O’Scanlon, is compromised of Middletown, Marlboro, the Bayshore and the Two Rivers area of Monmouth County.

The call, a recording of which can be heard here, was purported to be on behalf of the incumbents Kyrillos, Handlin and O’Scanlon. The caller said that he was reminding voters that they had four hours to get to the polls, as if the call was made at 4pm instead of 4am.  The callers voice sounds very much like the recorded voice of the person on the Leigh-Ann Bellew for Senate’s voice mail greeting.  That recording can be heard here.  Bellew was Kyrillos’s opponent in the primary.

MMM was told that fourth degree identity theft was the charged the grand jury delivered.  Fourth degree identity theft is punishable by up to 18 months in prison and/or a $10,000 fine.

Monmouth County Prosecutor’s Office spokesman Charles Webster said he had not yet received a copy of the indictment and that he would provide it promptly upon receiving it from the prosecutor.

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O’Scanlon Bill Increases Penalties For Phoney Robocalls

Wake voters up with a 4am robocall purporting to be your political opponents and you could go to jail for 3-5 years if legislation proposed by Assemblyman Declan O’Scanlon becomes law.

Assemblyman Declan O’Scanlon

O’Scanlon and his colleague, Assemblyman Scott Rumana of Wayne, have proposed amending the “Fair Campaign Practices Act,” to provide that no person can direct, order or assist another person to produce, transmit or disseminate any communication that purports to originate from the campaign of a candidate for public office but is actually for the purpose of impeding the campaign of that candidate.  Such activity would become a third degree crime which calls for a 3 to 5 year prison term and a fine of up to $15,000.

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Wake up call

Dirty Trick Alleged in LD 13

A robo call went out to Republican primary voters in the 13th Legislative District at 4am this morning urging people to vote for Senator Joe Kyrillos and Assembly Members Amy Handlin and Declan O’Scanlon.

“You have four hours to get out and vote…” the call said.  The obvious impression was that the call was supposed to go out at 4PM.

The Monmouth GOP did not order the call.  Kyrillos, Handlin and O’Scanlon did not order the call. Both campaigns say they had no calls scheduled for 4PM.

The caller ID was a secondary number of Monmouth GOP’s, yet the call did not mention the county candidates, Sheriff Shaun Golden or Freeholders Tom Arnone and Serena DiMaso.

O’Scanlon said the call looks to be a dirty trick.

Monmouth GOP Chairman John Bennett is furious. He said the call was a crime. He’s gathering data and plans to file a complaint with the Monmouth County Prosecutor’s Office this afternoon.

“We’ve never had this from the Democrats and they have not had it from us,” Bennett said, “I’m not accusing anyone, but we will get to the bottom of it and file a criminal complaint. This was a dirty trick and attempted voter suppression, pure and simple.”

Both Bennett and O’Scanlon said they became aware of the call before 4:30 this morning when they received phone calls from friends who had been woken up by the call.

MMM left a voice mail and a text with Bayshore Tea Party Group cofounder Barbara Gonzalez asking if she knows anything about the 4am robocall.  Gonzalez has yet to respond. The Bayshore Tea Party Group is supporting the slate of challengers running against the LD13 and Monmouth County Republican incumbents.

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Bellew’s Campaign Manager Indicted For Identity Theft

townhall.com photo

Dwayne Horner of Little Elm, Texas was indicted by a Monmouth County Grand Jury yesterday.  Horner was the campaign manager for Leigh-Ann Bellew of Union Beach in the 2013 Republican Primary challenge to State Senator Joe Kyrillos.

A copy of the indictment can be found here.

At 4am on June 4, 2013, Republican voters in the 13th legislative district of New Jersey were awakened by a robo call purporting to be from the campaign of Kyrillos and his running mates, Assembly Members Amy Handlin and Declan O’Scanlon.   The caller, allegedly Horner, said they were reminding voters that they still had four hours to get to the polls, as if the call was being make at 4pm.

A recording of the call can be heard here.  Horner’s voice can be heard on the voice mail greeting of the Bellew campaign here.

The indictment charges that Horner impersonated another person or organization for the purpose of obtaining a benefit for himself or another or for the purpose of injuring or defrauding another.   The fourth degree crime has a potential sentence of 18 months in state prison and/or a $10,000 fine.

MMM could not find a current phone number for Horner.  Bellew could not be reached for comment.

O’Scanlon said,“I’m glad to see that this matter was taken seriously and did not slip through the cracks. Those who would play these types of desperate games during campaigns need to know that there are consequences and they will be mete.  It is hard enough to get eligible candidates interested in running without the threat of these juvenile type pranks. This indictment will hopefully be a message to anyone who would attempt it in the future –  grow up.”

Kyrillos declined to comment.

UPDATED BELOW THE FOLD

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