A Durham County grand jury indicted Jerry Winegarden on afelonycharge of helping his son commit voter fraud and a misdemeanorcharge of contributing to the delinquency of a minor on Monday.
The Durham County district attorney's office also filed achargeof voter fraud against the boy, Ben Winegarden, in a juvenilepetition, according to a news release.
The teen told The Herald-Sun of Durham last month that heregistered to vote in the summer during an alternative musicconcert, Lollapalooza, held in Rockingham. He listed his birthdateas 1956, but gave his correct name and address.
Then, he said he decided to see if he could vote on Nov. 5. Heand his father went to their precinct in Durham County and Ben casta ballot, voting straight Republican.
``The right to vote is a cherished privilege of citizenship.Theright of eligible citizens to vote or choose not to vote for ournation's leaders is the cornerstone of a free and Democraticsociety ... These violations shall be given serious treatment bythe Office of the District Attorney,'' District Attorney Jim Hardinwrote in a prepared statement on Monday.
Hardin declined further comment on the case.
The indictment said Jerry Winegarden assisted his son ``inattempting to escape and in escaping detection, arrest, andpunishment by allowing and assisting Benjamin David Winegarden tovote in a general election even though the defendant knew he wasonly 14 years of age... and in withholding their identities fromthe authorities investigating this voter fraud despite releasingtheir identities to selected media representatives.''
Jerry Winegarden, a computer specialist in Duke University'sOffice of Information, was released Monday on $2,000 unsecured bondand is expected to make his first appearance in court on Thursday,when a judge will set a hearing date.
Ben Winegarden, a freshman at Hillside High School, stilldidn'tseem to be taking the possibility of voter fraud charges seriouslybefore Monday.
``He's been carrying his `Get Out of Jail Free' card (from theboard game Monopoly) around with him,'' said his 16-year-oldbrother Joey Winegarden. ``He forgot his wallet today, though.''
A deputy picked up the boy in front of his house on Mondayafternoon.
State law does not require residents to show any identificationwhen registering to vote. Applicants sign a statement swearing theywill be at least 18 years old by the election and stating that theylive where they say they do. Falsifying voter registrationinformation is a felony, punishable by up to five years in jail, afine or both.
The county elections board, which decided to turn the case overto the district attorney for prosecution, has already challengedthe boy's registration.
Ben's admissions to the Durham newspaper drew nationalattentionto the case, but the newspaper had kept his identity confidentialuntil his arrest on Monday.
The newspaper reported last month that both David Lettermen andJay Leno were interested in having Ben appear on their shows, butthat he feared an appearance might trigger his arrest.
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