1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File No. F-10-07895 STEPHEN S. CARLTON DISTRICT ATTORNEY County of Shasta 1355 West Street Redding, CA 96001-1632 (530) 245-6300 Attorney for Plaintiff MCRD IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SHASTA THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, vs. ROBERT MARIETTE, Defendant(s) The District Attorney of Shasta County, State of California, hereby accuses ROBERT MARIETTE, of having committed in the County of Shasta, State of California, the following crime(s): F ARRAIGNMENT DATE: No. 10-07895 FIRST AMENDED INFORMATION Felony COUNT 1 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 8th day of November, 2005 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F COUNT 2 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 6th day of June, 2006 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNT 3 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 7th day of November, 2006 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F COUNT 4 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 6th day of November, 2007 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F COUNT 5 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 5th day of February, 2008 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F COUNT 6 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 3rd day of June, 2008 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNT 7 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 4th day of November, 2008 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F COUNT 8 EL FRAUDULENT VOTING, in violation of Section 18560(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 24th day of February, 2009 , did willfully and unlawfully, not being entitled to vote at an election, fraudulently voted or fraudulently attempted to vote at that election, a Felony. F COUNT 9 PC PERJURY BY DECLARATION, in violation of Section 118(A) of the Penal Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 6th day of June, 2006, being a person who testified, declared, deposed, and certified under penalty of perjury in a case in which such testimony, declaration, deposition, and certification is permitted by law under penalty of perjury, to wit: VOTER REGISTRATION, did willfully state as true a material matter which he/she knew to be false. F COUNT 10 EL FRAUDULENT VOTER REGISTRATION, in violation of Section 18100(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 6th day of June, 2006, did willfully and unlawfully caused, procured, or allowed himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration, a Felony. F -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNT 11 PC PERJURY BY DECLARATION, in violation of Section 118(A) of the Penal Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 18th day of October, 2004, being a person who testified, declared, deposed, and certified under penalty of perjury in a case in which such testimony, declaration, deposition, and certification is permitted by law under penalty of perjury, to wit: VOTER REGISTRATION, did willfully state as true a material matter which he/she knew to be false. F COUNT 12 EL FRAUDULENT VOTER REGISTRATION, in violation of Section 18100(a) of the Election Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 18th day of October, 2004, did willfully and unlawfully caused, procured, or allowed himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration, a Felony. F COUNT 13 PC PERJURY BY DECLARATION, in violation of Section 118(A) of the Penal Code, a Felony. Defendant (s) ROBERT MARIETTE, On or about the 7th day of July, 2005, being a person who testified, declared, deposed, and certified under penalty of perjury in a case in which such testimony, declaration, deposition, and certification is permitted by law under penalty of perjury, to wit: DMV CDL APPLICATION, did willfully state as true a material matter which he/she knew to be false. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENHANCEMENTS 803(C) PC SPECIAL ALLEGATION - STATUTE OF LIMITATIONS - LATE DISCOVERY It is further alleged that the defendant(s) ROBERT MARIETTE, As to Count(s) 1, 2, 3, 9, 10, 11, 12 and 13, whose above violation was not discovered until the 11TH DAY OF MARCH, 2009, by DA INVESTIGATOR JOE HENDRIX by INVESTIGATING A REPORT OF POSSIBLE VOTER FRAUD and that no victim of said violation and no law enforcement agency chargeable with the investigation and prosecution of said violation had actual and constructive knowledge of said violation prior to said date because NO CITIZEN REPORTED TO LAW ENFORCEMENT ANY SUSPICION OR KNOWLEDGE OF THE POSSIBLE VOTER FRAUD,, within the meaning of Penal Code Section 803(c). Respectfully submitted, Stephen S. Carlton District Attorney Benjamin L. Hanna Senior Deputy District Attorney Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defense counsel provide discovery to the people as required by Penal Code Section 1054.3. BH/sg-6/17/2011 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F -6-